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lOOth Congress ,
2d Session ^ JOINT COMMITTEE PRINT
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 1987
REPORT
SUBMITTED TO THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
AND THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED
FEBRUARY 1987
Printed for the use of the Committees on Foreign Affairs and Foreign
Relations of the House of Representatives and the Senate respectively
UMASS/AMHERST » C'^M IpHN
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DEPOSn OKY COPY
100th Congress ,
2d Session ' JOINT COMMITTEE PRINT
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 1987
REPORT
SUBMITTED TO THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
AND THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED
FEBRUARY 1987
Printed for the use of the Committees on Foreign Affairs and Foreign
Relations of the House of Representatives and the Senate respectively
U.S. GOVERNMENT PRINTING OFFICE
80-779 WASHINGTON : 1988
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, DC 20402
COMMITTEE ON FOREIGN AFFAIRS
DANTE B. FASCELL, Florida, Chairman
LEE H. HAMILTON, Indiana
GUS YATRON, Pennsylvania
STEPHEN J. SOLARZ, New York
DON BONKER, Washington
GERRY E. STUDDS, Massachusetts
DAN MICA, Florida
HOWARD WOLPE, Michigan
GEO. W. CROCKETT, Jr., Michigan
SAM GEJDENSON, Connecticut
MERVYN M. DYMALLY, California
TOM LANTOS, California
PETER H. KOSTMAYER. Pennsylvania
ROBERT G. TORRICELLI, New Jersey
LAWRENCE J. SMITH, Florida
HOWARD L. BERMAN, California
MEL LEVINE, California
EDWARD F. FEIGHAN, Ohio
TED WEISS, New York
GARY L. ACKERMAN, New York
MORRIS K. UDALL, Arizona
CHESTER G. ATKINS, Massachusetts
JAMES McCLURE CLARKE, North Carolina
JAIME B. FUSTER, Puerto Rico
JAMES H. BILBRAY, Nevada
WAYNE OWENS, Utah
FOFO I.F. SUNIA, American Samoa
WILLIAM S. BROOMFIELD, Michigan
BENJAMIN A. OILMAN, New York
ROBERT J. LAGOMARSINO, California
JIM LEACH, Iowa
TOBY ROTH, Wisconsin
OLYMPIA J. SNOWE, Maine
HENRY J. HYDE, Illinois
GERALD B.H. SOLOMON, New York
DOUG BEREUTER, Nebraska
ROBERT K. DORNAN, California
CHRISTOPHER H. SMITH, New Jersey
CONNIE MACK, Florida
MICHAEL DeWINE, Ohio
DAN BURTON, Indiana
JAN MEYERS, Kansas
JOHN MILLER, Washington
DONALD E. "BUZ" LUKENS, Ohio
BEN BLAZ, Guam
John J. Brady, Jr., Chief of Staff
Steven K. Berry, Minority Staff Director
JOSEPH R. BIDEN, Jr., Delaware
PAUL S. SARBANES, Maryland
ALAN CRANSTON, California
CHRISTOPHER J. DODD, Connecticut
JOHN F. KERRY, Massachusetts
PAUL SIMON, Illinois
TERRY SANFORD, North Carolina
BROCK ADAMS, Washington
DANIEL P. MOYNIHAN, New York
COMMITTEE ON FOREIGN RELATIONS
CLAIBORNE PELL, Rhode Island, Chairman
JESSE HELMS, North Carolina
RICHARD G. LUGAR, Indiana
NANCY L. KASSEBAUM, Kansas
RUDY BOSCHWITZ, Minnesota
LARRY PRESSLER, South Dakota
FRANK H. MURKOWSKI, Alaska
PAUL S. TRIBLE, Jr., Virginia
DANIEL J. EVANS, Washington
MITCH McCONNELL, Kentucky
Geryld B. Christianson, Staff Director
James P. Lucier, Minority Staff Director
(II)
FOREWORD
The country reports on human rights practices contained herein
were prepared by the Department of State in accordance with sec-
tions 116(d) and 502B(b) of the Foreign Assistance Act of 1961, as
amended. They also fulfill the legislative requirements of section
31 of the Bretton Woods Agreements Act and section 505(c) of the
Trade Act of 1974, as amended.
The reports cover the human rights practices of all nations that
receive U.S. foreign assistance as well as those nations that do not
but are members of the United Nations. They are printed to assist
Members of Congress in the consideration of legislation.
Dante B. Fascell,
Chairman, Committee on Foreign Affairs.
Claiborne Pell,
Chairman, Committee on Foreign Relations.
(Ill)
LETTER OF TRANSMITTAL
Department of State,
Washington, DC, January 29, 1988.
Hon. Claiborne Pell,
Chairman, Committee on Foreign Relations,
Hon. Jim Wright,
Speaker, House of Representatives.
Dear Sirs: I have the distinct honor to present the report pre-
pared in compliance with sections 116(d)(1) and 502B(b) of the For-
eign Assistance Act of 1961, as amended, and section 505(c) of the
Trade Act of 1974, as amended.
With best wishes,
Sincerely,
J. Edward Fox,
Assistant Secretary Legislative Affairs.
Enclosure.
(V)
CONTENTS
Page
Foreword iii
Letter of Transmittal v
Introduction 1
Africa:
Angola 6
Benin 13
Botswana 18
Burkina Faso 24
Burundi 30
Cameroon 38
Cape Verde 45
Central African Republic 51
Chad 57
Comoros 64
Congo 69
Cote d Ivoire 76
Djibouti 83
Equatorial Guinea 90
Ethiopia 96
Gabon 107
Gambia, The 113
Ghana 119
Guinea 126
Guinea-Bissau 131
Kenya 136
Lesotho 146
Liberia 153
Madagascar 163
Malawi 169
Mali 176
Mauritania 182
Mauritius 190
Mozambique 195
Namibia 205
Niger 215
Nigeria 221
Rwanda 233
Sao Tome and Principe 240
Senegal 244
Seychelles 251
Sierra Leone 257
Somalia 263
South Africa 270
Sudan 293
Swaziland 304
Tanzania 312
Togo 322
Uganda 330
Zaire 339
Zambia 349
Zimbabwe 356
Central and South Africa:
Antigua and Barbuda 367
(VII)
VIII
Page
Central and South Africa — Continued
Argentina 371
Bahamas 378
Barbados 382
Belize 386
Bolivia 391
Brazil 398
Chile 407
Colombia 426
Costa Rica 436
Cuba 441
Dominica 454
Dominican Republic 458
Ecuador 465
El Salvador 474
Grenada 489
Guatemala 494
Guyana 503
Haiti 510
Honduras 521
Jamaica 532
Mexico 540
Nicaragua 548
Panama 563
Paraguay 574
Peru 586
St. Christopher and Nevis 598
St. Lucia 601
St. Vincent and the Grenadines 604
Suriname 607
Trinidad and Tobago 616
Uruguay 622
Venezuela 627
East Asia and the Pacific:
Australia 632
Brunei 635
Burma 640
Cambodia 649
China 660
China (Taiwan only) 680
Fiji 694
Indonesia 701
Japan 712
Kiribati 718
Korea, Democratic People's Republic of 721
Korea, Republic of 728
Laos 743
Malaysia 751
Marshall Islands 760
Micronesia, Federated States of 763
Mongolia 766
Nauru 770
New Zealand 774
Papua New Guinea 777
Philippines 782
Singapore 787
Solomon Islands 807
Thailand 810
Tonga 822
Vanuatu 825
Vietnam 828
Western Samoa 838
Europe and North America:
Albania 842
Austria 849
Belgium 854
Bulgaria 860
Canada 871
IX
Page
Europe and North America — Continued
Cyprus 875
Czechoslovakia 881
Denmark 893
Estonia 897
Finland 902
France 908
German Democratic Republic 913
Germany, Federal Republic of 922
Greece 927
Hungary 935
Iceland 944
Ireland 948
Italy 953
Latvia 958
Lithuania 963
Luxembourg 968
Malta 972
Netherlands, The 978
Norvi^ay 983
Poland 988
Portugal 1000
Romania 1006
Spain 1019
Sweden 1023
Switzerland 1028
Turkey 1032
Union of Soviet Socialist Republics 1045
United Kingdom 1069
Yugoslavia 1079
Near East, North Africa, and South Asia:
Afghanistan 1090
Algeria 1099
Bahrain 1108
Bangladesh 1114
Bhutan 1126
Egypt 1131
India 1148
Iran 1159
Iraq 1170
Israel and the occupied territories 1180
Jordan 1200
Kuwait 1209
Lebanon 1222
Libya 1231
Maldives 1238
Morocco 1244
The Western Sahara 1255
Nepal 1257
Oman 1264
Pakistan 1270
Qatar 1285
Saudi Arabia 1290
Sri Lanka 1300
Syria 1313
Tunisia 1322
United Arab Emirates 1331
Yemen Arab Republic 1336
Yemen, People's Democratic Republic of. 1343
Appendixes:
A. Notes on preparation of the reports 1347
B. Reporting on worker rights 1350
C. Selected international human rights agreements 1352
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES
INTRODUCTION
1987 Human Rights Report
This report is submitted to the Congress by the Department of
State in compliance with Sections 116(d)(1) and 502B(b) of the
Foreign Assistance Act of 1961, as amended.* The legislation
requires human rights reports on all countries that receive aid
from the United States and all countries that are members of
the United Nations. In the belief that the information would
be useful to the Congress and other readers, we have also
included reports on countries which do not fall into either of
these categories and which are thus not covered by the
Congressional requirement.
Congress amended the Foreign Assistance Act with the foregoing
sections of law so as to be able to consult these reports when
considering assistance programs for specific foreign countries.
One of the very important consequences--perhaps unintended--of
these legislative provisions is that they have made human
rights concerns an integral part of the State Department's
daily reporting and daily decisionmaking. A human rights
officer in an Embassy overseas who wants to write a good
annual human rights report on the country in which he or she
works must carefully monitor and observe human rights
developments throughout the year on a daily basis. As a
consequence he or she will report on such developments whenever
something of human rights significance happens in the country
of assignment. In the past 11 years, the State Department has
become decidedly better informed on and sensitized to human
rights violations as they occur around the globe.
•Section 116(d)(1) of the Foreign Assistance Act provides as
follows :
"The Secretary of State shall transmit to the Speaker of the
House of Representatives and the Corrimittee on Foreign Relations
of the Senate, by January 31 of each year, a full and complete
report regarding --
"(1) the status of internationally recognized human
rights, within the meaning of subsection (a) --
(A) in countries that received assistance under this
part, and
(B) in all other foreign countries which are members of
the United Nations and which are not otherwise the subject of
a human rights report under this Act."
Section 502(B) (b) of the Foreign Assistance Act provides as
follows :
"The Secretary of State shall transmit to Congress, as part of
the presentation materials for security assistance programs
proposed for each fiscal year, a full and complete report,
prepared with the assistance of the Assistant Secretary of
State for Human Rights and Humanitarian Affairs, with respect
to practices regarding the observance of and respect for
internationally recognized human rights in each country
proposed as a recipient of security assistance."
(1)
As we look back at human rights developments worldwide during
the year 1987, there is no doubt that the attention of a great
many observers focused on developments in the Soviet Union.
Was Mikhail S. Gorbachev, in this third year of his
stewardship of the world's first Leninist dictatorship,
bringing about fundamental change, or were the changes merely
cosmetic? The answer to this question, asked by so many
observers, is that neither adjective fits. The changes were
more than cosmetic and less than fundamental. The Soviet
dictatorship, concentrated in a small elite group and
operating through a single recognized party, remained in
place. The secret police and its comprehensive network of
informants remained the principal pillar on which the state
edifice rests. A majority of political prisoners remained in
jail. But, as our report on the U.S.S.R. points out, there
was some relaxation of totalitarian controls. Some political
prisoners were released. The Soviets announced moves to end
the truly barbarous practice of abuse of psychiatry.
Emigration levels for ethnic Germans, Armenians, and Jews were
higher than those of recent years, although totals for Soviet
Jews fell far short of those of the 1970's. Plays and films
could be seen that dealt with the realities of Soviet life
more honestly than had been allowed in a long time. On the
other hand, we regret to say, the hopes and expectations
voiced in the spring of 1987 as to rapid additional progress
were not fulfilled by the end of the year. We need to see
what 1988 will bring.
Poland and Hungary continue as the two countries in the Warsaw
Pact most tolerant of the expression of internal dissent. In
fact, Poland completed a full calendar year, for the first
time in a long time, without a single person convicted and
incarcerated for the mere expression of dissenting political
views. It surely does not mean that political freedom has
come to Poland, but it is progress of a sort.
Elsewhere in the world, we note with satisfaction the holding
of free elections in the Republic of Korea and the further
relaxation of controls in Taiwan. On the other hand, hopes
for the establishment of democracy in Haiti were seriously set
back, and there was no progress toward respect for human
rights in South Africa.
Free elections and a democratic system are essential, but not
sufficient, elements of a society which respects human
rights. The mere fact that democracy has been established is
no guarantee that human rights will be fully respected in such
a democratic country. As these reports demonstrate, effective
law enforcement, including the operation of an independent,
effective, and efficient judiciary, is needed if the rights of
the individual are to be protected against all forms of
encroachment. We note with regret that, in a number of Latin
American democracies, the law enforcement system lags
significantly behind other institutions of government in
safeguarding human rights and due process.
This year there are 169 separate reports. Conditions in most
countries are described to the end of 1987; for a few
countries, significant developments occurring during the first
weeks of 1988 are also included. The guidelines followed in
preparing the reports are explained in detail in Appendix A.
In Appendix B is a discussion of reporting on worker rights.
Appendix C contains a list of 12 international human rights
covenants and agreements.
The reports also include additional information on worker
rights, as required by Section 505(c) of the Trade Act of 1974,
as amended by Title V of the Trade and Tariff Act of 1984
(Generalized System of Preferences Renewal Act of 1984).*
Although the legislation requires reports on worker rights only
in developing countries that have been beneficiaries under the
Generalized System of Preferences, in the interest of
uniformity, and to provide a ready basis for comparison, we
have here applied the same reporting standards that we have
applied to all countries on which we prepare reports.
Definition of Human Rights
Human rights, as defined in Section 116(a) of the Foreign
Assistance Act, include freedom from torture or cruel, inhuman
or degrading treatment or punishment; prolonged detention
without charges; disappearance due to abduction or clandestine
detention; and other flagrant denial of the rights to life,
liberty, and the security of the person. Internationally
recognized worker rights, as defined in Section 502(a) of the
Trade Act, include (A) the right of association; (B) the right
to organize and bargain collectively; (C) prohibition on the
use of any form of forced or compulsory labor; (D) a minimum
age for the employment of children; and (E) acceptable
conditions of work with respect to minimum wages, hours of
work, and occupational safety and health. (Categories A and B
are covered in Section 2.b. of each report, C in Section l.d.,
and D and E in a final section. Conditions of Labor.)
In addition to discussing the topics specified in the
legislation, our reports, as in previous years, cover other
internationally recognized political and civil rights and
describe the political system of each country. We have altered
our previous discussion of the economic, social, and cultural
situation by focusing on the issue of discrimination in these
fields .
In applying these internationally recognized standards, we
seek to be objective. But the reports unashamedly reflect the
U.S. view that the right of self-government is a basic
political right, that government is legitimate only when
grounded on the consent of the governed, and that government
thus grounded should not be used to deny life, liberty, and
the pursuit of happiness. Individuals in a society have the
inalienable right to be free from governmental violations of
the integrity of the person; to enjoy civil liberties such as
freedom of expression, assembly, religion, and movement,
without discrimination based on race, ancestry, or sex; and to
change their government by peaceful means. The reports also
take into account the fact that terrorists and guerrilla
groups often kill, torture, or maim citizens or deprive them
of their liberties; such violations are no less reprehensible
if committed by violent opponents of the government than if
committed by the government itself.
We have found that the concept of economic, social, and
cultural rights is often confused, sometimes willfully, by
*Section 505(c) of the Trade Act provides as follows:
"The President shall submit an annual report to the
Congress on the status of internationally recognized
worker rights within each beneficiary developing country.
repressive governments claiming that in order to promote
these" rights" they may deny their citizens the right to
integrity of the person as well as political and civil
rights. There exists a profound connection between human
rights and economic development. Experience demonstrates that
it is individual freedom that sets the stage for economic and
social development; it is repression that stifles it. Those
who try to justify subordinating political and civil rights on
the ground that they are concentrating on economic aspirations
invariably deliver on neither. That is why we consider it
imperative to focus urgent attention on violations of basic
political and civil rights, a position given renewed emphasis
by the 1984 Congressional Joint Resolution on Torture. If
these basic rights are not secured, experience has shown, the
goals of economic development are not reached either.
United States Human Rights Policy
From this premise, that basic human rights may not be abridged
or denied, it follows that our human rights policy is concerned
with the limitations on the powers of government that are
required to protect the integrity and dignity of the
individual. Further, it is in our national interest to promote
democratic processes in order to help build a world environment
more favorable to respect for human rights and hence more
conducive to stability and peace. We have developed,
therefore, a dual policy, reactive in the sense that we
continue to oppose specific human rights violations wherever
they occur, but at the same time active in working over the
long term to strengthen democracy.
In much of the world, the United States has a variety of means
at its disposal to respond to human rights violations. We
engage in traditional diplomacy, particularly with friendly
governments, where frank diplomatic exchanges are possible and
productive. Where we find limited opportunities for the United
States to exert significant influence through bilateral
relations, we resort to public statements of our concerns,
calling attention to countries where respect for human rights
is lacking. In a number of instances, we employ a mixture of
traditional diplomacy and public affirmation of American
interest in the issue.
The United States also employs a variety of means to encourage
greater respect for human rights over the long term. Since
1983 the National Endowment for Democracy has been carrying
out programs designed to promote democratic practices abroad,
involving the two major United States political parties, labor
unions, business groups, and many private institutions. Also,
through Section 116(e) of the Foreign Assistance Act, funds
are disbursed by the Agency for International Development for
programs designed to promote civil and political rights abroad.
We also seek greater international commitment to the protection
of human rights and respect for democracy through our efforts
in the United Nations and other international organizations.
Preparation of these annual reports constitutes an important
element of our human rights policy. The process, since it
involves continuous and well-publicized attention to human
rights, has contributed to the strengthening of an
international human rights agenda. Many countries that are
strong supporters of human rights are taking steps of their
own to engage in human rights reporting and have established
offices specifically responsible for international human
rights policy. Even among countries without strong human
rights records, sensitivity to these reports increasingly
takes the form of constructive response, or at least a
willingness to engage in a discussion of human rights policy.
In calling upon the Department of State to prepare these
reports. Congress has created an increasingly useful
instrument for advancing the cause of human rights.
Richard Schifter
Assistant Secretary of State
for Human Rights and Humanitarian Affairs
AFRICA
ANGOLA*
The People's Republic of Angola, the regime established in
Luanda upon the withdrawal of the Portuguese in 1975, is ruled
by the only legal political party, the Marxist-Leninist
Popular Movement for the Liberation of Angola (MPLA) .
President Jose Eduardo dos Santos is both Head of State and
chief of the MPLA. His rule was reconfirmed by the MPLA's
Second Party Congress in December 1985. All major policy
decisions are made by a small elite in the MPLA, which also
controls all means of mass communication. Open political
dissension is not tolerated. Now in its 12th year, the
internal conflict between the Government and the main
opposition force, the National Union for the Total
Independence of Angola (UNITA) , again dominated events in 1987.
The Angolan armed forces (FAPLA) total approximately 100,000.
FAPLA is backed by a lightly armed Peoples' Milita, which is
used only for defensive duties within their localities.
UNITA, led by Jonas Savimbi, is estimated to have a regular
force of about 30,000, as well as a comparable number of
irregular troops. It has the allegiance of a substantial
portion of the population, especially among Angola's largest
ethnic group the Ovimbundu. UNITA controls the southeastern
quarter of Angola's territory. The Angolan Government receives
extensive military assistance from the Soviet Union--well over
$4 billion since 1975 and $1 billion in the last year alone--
and in 1987 an estimated 1,500 Soviet and East German advisers
continued to play an important role in planning and directing
military operations. An estimated 40,000 Cuban military
personnel, a number which increased during 1987, provide
logistical support, training, and advice to government forces
as well as garrison key strategic population and economic
centers. UNITA has stated it favors a government of national
unity and has not sought to establish an alternate government.
The Government for its part repeatedly has stated that it will
not negotiate with UNITA, although it has offered amnesty to
UNITA rebels who lay down their arms. The United States
supports UNITA in the Angolan conflict and has provided its
forces with appropriate assistance.
The fighting has devastated the country's infrastructure,
forced a return to barter in some areas, and has led the
Government to divert much of its assets to the military,
including payments to the Soviet Bloc for military equipment
and Cuban combat troops. Although foreign exchange earnings
from Angola's oil exports increased in 1987 (to $1.8 billion),
the continued reduction of commercial food imports, and the
impact of war on the productivity and distribution networks of
Angolan agriculture are reportedly creating a serious food
emergency in both the cities and the countryside. At the end
of 1987, efforts were underway by international relief
agencies and donor governments to assist in preventing
famine. The Government, in response to the generally critical
situation, announced on August 17 its intention to institute
economic reforms, but had not done so by the end of 1987. The
Government also has applied for admission to the International
Monetary Fund.
*The United States does not maintain diplomatic relations with
the People's Republic of Angola and thus has no diplomatic
personnel there able to monitor human rights conditions or
evaluate allegations of abuses.
ANGOLA
In 1987 human rights abuses continued as the fighting increased
in intensity. In November UNITA forces finally stopped a major
government campaign leaving many hundreds of casualties. Each
side accused the other of killing civilians and committing
atrocities. Some recent estimates indicate that about 700,000
of the 8 to 9 million population have been displaced
internally, in addition to some 400,000 refugees resident in
neighboring countries. South Africa announced in November
that it had given military support to UNITA during the fall
campaign. A number of deaths also occurred inside Angola in
the course of hostilities between the Southwest Africa People's
Organization (SWAPO--a Namibian resistance movement with bases
in Angola) and South Africa, which controls the territory of
Namibia on Angola's southern border.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Reports of unconfirmed political killings on the part of the
Government and UNITA, both within the combat areas and in the
form of summary executions of prisoners, persisted in 1987
(see Section l.g.). A number of members of a religious sect
were killed by security forces in Luanda in February (see
Section 2 .c. ) .
b. Disappearance
There is no information to confirm that secret arrests or
clandestine detentions are practiced by government security
agencies or by UNITA, although each side has accused the other
of such practices.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Allegations of torture and mistreatment made by both sides
appear to have some basis in fact, but torture of opponents
does not appear to be a systematic practice of either the
Government or UNITA.
Angolan prison conditions are poor, with substandard diet and
sanitation. There are some unconfirmed reports that foreigners
are not well treated, but Americans who have been imprisoned
in Angola appear to have been treated adeguately and to have
had access to medical care.
Prison authorities reportedly have wide latitude in the
treatment of prisoners. Treatment of political prisoners at
the prisons controlled by the Ministry of State Security
appears to be harsher than treatment in the regular prisons.
Mistreatment includes beatings, threats, and prolonged
interrogation with the use of force. Amnesty International's
1987 Report stated that the most commonly reported form of
torture involved severe and repeated beatings. Prison visits
appear to be arbitrarily restricted in many instances.
Foreign advisers, including Cubans and East Germans, are
assisting Angolan state security services and may help in
operating state security prisons. The Government continues to
put captured UNITA supporters on public display.
ANGOLA
Very limited information is available on the situation and
administrative structure within UNITA-held areas. It is
known, however, that UNITA captures foreign and government
prisoners in the course of military operations and holds them
in makeshift facilities in its areas of control in southeastern
Angola. In September 1987, UNITA took three Swedish aid
workers prisoner during an assault on a military convoy. One
of them was wounded during the attack and subsequently died;
the two remaining prisoners were released in December.
Following their release, the two told reporters they were not
mistreated but that the third prisoner might have survived had
he been given adequate medical care.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Two of the most frequently reported charges of human rights
violations have been arbitrary arrest and imprisonment without
due process. Numerous reports allege that persons are
arrested and imprisoned by the Government on suspicion or
denunciation by others and, in some cases, held for years
without being notified of the charges against them. In its
1987 Report, Amnesty International stated that there continue
to be few safeguards against the arrest and detention of
political suspects by Government security services.
Under Angolan law, persons suspected of committing serious
acts against the security of the State may be held by the
Ministry of State Security without charge for an initial
period of 3 months, renewable for a further period of 3
months. Such detainees need not be presented to a judge
within 48 hours of their arrest, as stipulated in the code of
criminal procedure for persons suspected of other kinds of
crime, and apparently have no right to challenge the grounds
of their detention. After 6 months in detention without
charge, the detainee must be informed of the accusations, with
the state security service either informing the public
prosecutor of the charges or releasing the suspect. Once the
case is presented to the public prosecutor, there does not
appear to be a specific time limit within which a suspect must
be brought to trial, and many political detainees--the exact
number is not known but may be several hundred--have been held
for years without being tried.
The deterioration of the security situation has exacerbated
the general decline in judicial safeguards and due process.
The Government has established regional military councils
throughout much of Angola. They are responsible directly to
President Dos Santos and have broad authority to restrict the
movement of people and goods, to requisition people and goods
without compensation, and to try crimes against the security
of the State. The Government has also created "people's
vigilance brigades" for urban areas, whose powers are not
clear but include general administration and "protecting the
people and ensuring public order and stability."
The most important person to accept the Government's offer of
amnesty was Daniel Chipenda, who had seriously challenged the
late President Neto for leadership of the MPLA in 1974.
During 1987 both sides accused each other of relying on forced
conscription of young males for recruitment into the military
forces. In 1984 the Angolan Government was cited by the
International Labor Organization (ILO) for being in violation
of ILO Convention 105, which prohibits forced labor. The
ANGOLA
basis of this citation is Angolan legislation providing for
compulsory labor for breaches of labor discipline and
participation in strikes.
e. Denial of Fair Public Trial
The Constitution states that no citizen shall be arrested and
brought to trial except under the terms of the law, and it
provides for the right of the accused to a defense. There is,
however, insufficient evidence to determine to what extent
these rights are observed in practice. In its 1987 Report,
Amnesty International expressed concern that trials of
government opponents, notably in military tribunals, do not
conform to internationally recognized trial standards. In
particular, defendants reportedly were not given adequate
opportunity to present their defense or appeal their cases.
Judicial lines of authority are unclear, especially since the
regional military councils have been given responsibility for
the trial of offenses against the security of the State,
including "economic crimes." It is not known which trials are
open to the public and under what rules of procedure the
various military and civilian courts operate. The Constitution
provides for a People's Supreme Court, but its jurisdiction is
not known.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the Constitution provides for the inviolability of
the home and privacy of correspondence, the Government
conducts arbitrary searches of homes, censors private
correspondence, and monitors private communications.
g. Violations of Humanitarian Law in Armed Conflicts
The civil war reached a new level of intensity in 1987, with
modern weaponry in use by both sides. The escalation of the
war resulted in numerous allegations that government, UNITA,
and South African forces killed civilians and that the MPLA
and UNITA executed political prisoners. While it is difficult
to substantiate the various claims and counterclaims,
available evidence suggests that both government and UNITA
forces have on occasion arbitrarily executed prisoners. The
fighting also probably resulted in hundreds of civilian
deaths. While some of these deaths were inadvertently caused
by military operations, others appear to have been deliberately
perpetrated by opposing forces to intimidate civilian
populations. The MPLA and UNITA have publicly and repeatedly
accused each other of practicing terrorism against their
respective opponents, including killing or maiming civilians.
UNITA has additionally charged that Cuban forces have been
involved in attacks on civilians. Civilians also have died as
a result of guerrilla actions, such as attacks on ground
transportation and other economic targets. There are no
reliable casualty figures, but the international press focused
on the large number of civilian casualties due to the extensive
use of landmines. Upwards of 10,000 persons may have lost
limbs as a result of the widespread use of landmines.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression "in the
context of the achievement of the basic objectives of the
10
ANGOLA
People's Republic of Angola." In fact, the Angolan people
live under censorship, intimidation, and Government control of
the media. Opposition views are not tolerated, and critics
such as Bartolomeu Dias Fernandes, who was accused of
"insulting the Head of State," have been sentenced to long
prison terms.
The Government is especially sensitive to criticism in the
foreign press. But in 1986 the Government began to allow the
travel of foreign correspondents to Angola in a controlled
flow, a practice that was continued in 1987. Angola subscribes
to the "Front Line" states' ban on visits by South Africa-based
news correspondents. The circulation of Western journals and
periodicals in Angola is tightly restricted.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is denied to any political group or
movement other than the MPLA. All other political movements
have been banned. There are numerous unconfirmed reports of
arrests of people who voice support of opposition movements or
alternative political systems. The people's vigilance
brigades, which have some law enforcement authority in urban
areas, and the martial law climate throughout the country tend
further to restrict freedom of assembly and association.
The only trade union movement in Angola is the National Union
of Angolan Workers, which is controlled by the MPLA and is a
member of the continent-wide Organization of African Trade
Union Unity. Traditional labor union activities are tightly
controlled by the Government, and legislation ensures only a
single trade union structure. Strikes are prohibited by law
as a crime against the security of the State.
c. Freedom of Religion
Although the Constitution provides for the inviolability of
freedom of conscience and belief and for separation of church
and state, the Government publicly emphasizes the importance
of propagating atheism and has been critical of religious
activities. The overwhelming majority of the Angolan
population is Christian, however, and the Government has not
moved to close down officially recognized churches. Church
services are held regularly, and there is widespread
attendance. Foreign and Angolan missionaries are allowed to
carry out their normal activities. Reportedly, UNITA respects
freedom of religion in the areas it controls. In the past,
UNITA several times captured foreign missionaries, releasing
them unharmed after publicly warning them of the dangers of
being caught in the combat zone.
The Government refuses to recognize smaller religious sects
that it deems subversive. In February 1987, for reasons that
are unclear, Angolan security forces in Luanda killed a number
of members of a subsect of the Tocoist Church called the 18
Classes and 16 Tribes. The Tocoist Church, founded in Africa
in 1949, is a syncretic blend of Christian beliefs and
indigenous religious practices. The Government banned the
Church in 1977.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
As a result of the increased fighting, the Government is
acutely sensitive about security and has tightly
11
ANGOLA
restricted travel. Travel by road in most areas of Angola is
dangerous. The Government has instituted a pass system within
Angola, and foreigners are generally prohibited from traveling
outside the principal cities. UNITA has publicly warned that
it considers all of Angola to be a war zone and that it cannot
guarantee the safety of persons traveling there.
Angolan citizens are allowed to travel abroad, but this travel
is carefully controlled by restrictions on issuance of
passports and exit visas and by currency restrictions.
Emigration is restricted. The Government limits travel to
Angola through a selective and stringent visa policy.
Angola is a party to the U.N. Protocol Relating to the Status
of Refugees. There are currently approximately 70,000
Namibian, 13,000 Zairian, and 10,000 South African refugees or
displaced persons in Angola. Since mid-1980, between 120,000
and 140,000 former Zairian displaced persons in Angola returned
home under the auspices of the U.N. High Commissioner for
Refugees .
Approximately 300,000 Angolans are still refugees in Zaire,
and an estimated 94,000 are in Zambia. The Government claims
that 180,000 exiles have returned to Angola over the years,
but this claim cannot be verified.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change the Government.
Angola is ruled by a small group of officials within the party
apparatus of the ruling MPLA. The Constitution provides for
popular participation in the political process, but political
activity is limited to participation in the MPLA or in one of
its controlled and sanctioned organizations such as its youth
wing, the Angolan Women's Organization, or the trade union
movement. Political power is centered in the elite membership
of the Politburo and the somewhat larger Central Committee.
Party membership is very restricted, with fewer than 30,000
members out of a population of 8 to 9 million, according to
the official media.
The Constitution provides for a popularly elected National
People's Assembly, established in 1981, and people's
assemblies at the provincial and local level. However,
despite recent suggestions from President Dos Santos that the
powers and membership of the National People's Assembly be
broadened, as of the end of 1987 only candidates chosen and
endorsed by the party have been elected. Key members of the
party also hold leadership positions in the people's
assemblies .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has allowed the International Committee of the
Red Cross (ICRC) and United Nations International Children's
Emergency Fund to provide food and medical assistance in areas
it controls, and UNITA allows the ICRC to conduct similar
operations in areas it controls or is contesting. The
Government has not responded to ICRC requests for access to
all persons arrested in connection with internal events and
the military situation in the country.
12
ANGOLA
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Because of the disturbed situation prevailing in most of
Angola, there is little information available on the existence
or extent of discrimination on the basis of race, sex,
religion, language, or social status.
Both the MPLA and UNITA have primarily ethnic bases of
support--the MPLA among Kimbundu speakers, and UNITA among the
Ovimbundu. Members of all of Angola's ethnic groups and
religions, as well as women, participate in both organizations,
some at high levels of the party. However, non-Kimbundu groups
are greatly under represented in the small group within the
ruling MPLA Central Committee and Politburo. Mesticos
(Angolans of mixed racial background numbering only about 1
percent of the population) remain the most highly skilled and
educated group in Angola and are inf luential--politically,
culturally, and economically--beyond their numbers. Women and
blacks were given more positions in the top leadership by the
1985 Second Party Congress.
CONDITIONS OF LABOR
There is no information available on working conditions in
Angola .
13
BENIN
Following its independence from France in 1960, Benin
experienced a prolonged period of political experimentation
and instability, punctuated by frequent coups d'etat. In 1972
the army staged a decisive coup that brought to power the
present Government, headed by President Mathieu Kerekou. In
1974 the Government, influenced by leftists, declared Benin to
be a Marxist-Leninist state under the direction of a single
political party, the Party of the People's Revolution of Benin.
Although Benin's Government has some of the institutional
trappings of other Marxist states, Benin's Marxism has had a
rather superficial effect on Beninese society. Farming and
commerce, the two most important sectors of the economy, have
remained firmly in private hands. The party itself is directed
by a small leadership group in which the influence of the
military remains important. The party controls the selection
of candidates for the National Assembly and local government
bodies. The military hold 5 out of 14 cabinet positions.
Early efforts at radical political and social transformation
in the mid-1970 's encountered widespread resistance and
resulted in significant erosions of political and personal
liberties. An unsuccessful coup attempt in 1977 was followed
by a period of intense suspicion of foreigners and domestic
critics. In recent years, however, the authorities have
exhibited greater tolerance of divergent social and political
views .
Benin is ranked as one of the world's 35 poorest countries;
its underdeveloped economy is largely supported by subsistence
agriculture (80 percent of the population lives in rural
areas), regional trade, and a low level of offshore oil
production. Economic activity has been hampered by the
Government's efforts to institute centralized controls. In
1985 mounting balance of payments problems and rising debt
service costs led the Government to enter into negotiations
with the International Monetary Fund to reduce the number of
state enterprises and to encourage foreign private investment.
The human rights situation remained unchanged in 1987. There
were few incidents that might have caused the Government to
use repressive measures. As in 1985 and 1986, there was some
student unrest; in 1987 a small number of students were
arrested for demonstrating against the late payment of
scholarships .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
There were no reports of disappearance or secret arrests.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In its 1987 report. Amnesty International noted that in 1986
it had received reports of torture and other ill-treatment of
political prisoners, including beatings, whippings, and
14
BENIN
"barrel torture" (the victim is rolled around inside a barrel
containing broken glass and stones).
Prison conditions in Benin are very poor. Sanitation
facilities are deficient, and prisoner food is inadequate
unless supplemented by food from friends or relatives.
Physical punishment reportedly occurs.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Benin's legal system provides for the review of detentions by
a court of law in all but a few sensitive political cases.
The Constitution states that no citizen may be arrested
without an order of arrest by an established judicial body.
In practice, however, persons have been detained, some for
extended periods, without charge and without recourse to legal
assistance or judicial hearing. For example, the American
Association for the Advancement of Science has reported that a
Beninese physician, Afolabi Biaou, was arrested in November
1984 and has been detained without charge since that time.
Biaou was previously involved with the "Support Committee for
Former Political Prisoners" in Benin and was allegedly arrested
en route to the presidential palace where he had been summoned
for a meeting.
Most political arrests have occurred during periods of
political tension. Lengths of incarceration before trial are
at the discretion of the authorities. Although arrests are
not publicized, no special attempt is made to keep them
secret. According to Amnesty International, political
detainees and prisoners have been interrogated by the National
Commission of Inquiry on State Security, headed by a senior
military officer, apparently to determine the extent of the
detainee's ties to opposition groups. The Commission
reportedly has had the power to recommend to the President the
continued detention or release of suspects.
Prior to his departure in October 1986 to meet with Western
European leaders. President Kerekou ordered the release of
about 50 prisoners held since 1985 for having participated in
strikes. Amnesty International stated in its 1987 report that
there were at least 88 political prisoners being held without
trial in Benin at the end of 1986. Apparently most of those
detainees were either suspected of involvement in the student
unrest of 1985 or were accused of supporting the banned
Dahomey Communist Party.
Student unrest continued in 1987, mainly over the late payment
of scholarships. The Government arrested a small number of
student leaders but released them by the end of 1987.
There were no reports alleging the use of forced labor, which
is prohibited under Beninese law.
e. Denial of Fair Public Trial
Benin's judicial system is allowed to function independently
in all but sensitive political cases. In such instances,
detainees may or may not be permitted legal counsel or granted
a public hearing. There is no time limit with respect to
charging a defendant or bringing the accused to trial. In
recent years, the Government has used only the established
civilian "revolutionary court" system. These courts are
organized on provincial and national levels, and there are
15
BENIN
plans for courts at the district level once sufficient judges
have been trained. The highest court of appeal is the Central
People's Court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although Benin's Constitution provides for the inviolability
of the home and requires a warrant from a judge before the
police can enter a residence, there have been occasional
unconfirmed reports of forced entries in sensitive political
cases. Other reports indicate that the security police monitor
telephones and the mail of suspected persons. There are no
other known types of interference with the home or family.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
With few exceptions, the local press, radio, and television
are all government owned and operated. Among the exceptions
are La Croix, a weekly paper published by the Catholic church,
and Echo, a monthly journal of opinion circulated throughout
West Africa, which treat political issues with circumspection.
The official media carry only those stories that are approved
by or serve the interests of the party and the State.
Opposition to government policies and open criticism of the
Government are not tolerated. Academic freedom on nonpolitical
issues, however, is permitted, and there is normally no
censorship of foreign books and artistic works. Foreign
periodicals are widely available on newsstands. Foreign radio
broadcasts are readily available to much of the population
through shortwave radio. No attempt is made to interfere with
radio reception. Although the public expression of political
opinion by Beninese is tightly controlled, the general
atmosphere in Benin is not one of fear and repression. Many
Beninese are willing to discuss politics freely in private or
in small groups.
b. Freedom of Peaceful Assembly and Association
All meetings of a political nature must be sponsored by the
single political party. Although organized public opposition
to the Government itself is not permitted, there are numerous
examples of groups which have organized to protest specific
government policies or actions. In recent years, the
Government has welcomed the formation of a wide variety of
private social, service, and professional organizations
{including Lions and Rotary clubs), many of which maintain
active international affiliations. There is no known
persecution of professional groups.
Labor unions are organs of the party and unified under a
general labor organization, the Union Nationale des Syndicats
des Travailleurs du Benin (UNSTB) . Although controlled by the
Government, individual local unions negotiate with individual
employers on labor matters and represent workers' grievances
to employers and to the Government. The Government often
plays the role of arbiter.
Although the right to strike is not explicitly denied or
protected, it is clear that labor strikes are not sanctioned.
The Constitution of 1977 states that "union activities are
guaranteed to workers" but "must be used for the elevation of
the conscience of the proletarian class and for the
16
BENIN
augmentation and continued development of production." When
labor actions and arrests occasionally occur in Benin, they
usually involve students or professionals and take the form of
brief work stoppages to protest such things as late
scholarship or salary payments.
c. Freedom of Religion
Christianity, Islam, and traditional religions all coexist in
Benin, and adherence to a particular faith does not confer any
special status or benefit. There are no restrictions on
religious ceremonies or teachings, and religious conversion is
freely permitted.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Domestic movement is not restricted. International movement
is controlled in that a passport and exit permission must be
obtained for travel to other than West African countries;
obtaining these documents, however, is not difficult.
Economic rather than governmental constraints usually preclude
travel outside the region. There are no restrictions placed
on residence within Benin, except for recently released
prisoners who may be subject to travel restrictions.
Emigration is common in Benin. Many Beninese move to
neighboring countries to earn a livelihood without
jeopardizing their citizenship. Beninese living abroad are
encouraged by the Government to return home to help develop
their country, but only a small number have done so.
By far the largest group of displaced persons in Benin are
Chadians who have fled the fighting in their country. There
are, according to the United Nations High Commissioner for
Refugees, about 3,500 displaced Chadians in Benin. Many of
these are now permanently settled in Benin, although they are
free to return to Chad if they wish.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The current one-party political system provides no mechanism
whereby citizens are free to change their government.
Leadership is exercised by President Kerekou and a small group
of senior party officials, many of whom hold positions in the
Government. The electoral process allows for citizen
participation in the nomination of candidates for the National
Revolutionary Assembly, in theory the principal decisionmaking
body of the Government. Party membership is neither a
requisite for participation in this process nor for high
office or civil service employment. The final selection of
candidates for the single national slate, however, is made by
the party leadership. No opposition parties or slates are
permitted. The Assembly itself rarely takes issue with
policies formulated by the party leadership.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government considers any outside attempt to investigate
human rights practices in Benin to be interference in its
internal affairs. In February 1986, the Government deposited
instruments of ratification for the African Charter on Human
and People's Rights.
17
BENIN
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Historically, Beninese women have played a major role in the
commercial sector as well as in small-scale family farming.
Women have not had the same educational opportunities as men.
Most boys now attend primary school, but only about one out of
every two girls is in the primary grades. Nevertheless, the
Government officially encourages new opportunities for women
and, while there are no women in ministerial positions, a
number of women figure prominently in executive level positions
in the presidency and in the various ministries. There are
two women on the Central Committee of the party. The ruling
party has a women's organization--the Organisation des Femmes
Revolutionnaires du Benin (OFRB) . As do other specialized
party organizations, the OFRB serves to transmit party policy
to its members. It also provides a channel for women's views
to be made known to the party leadership.
CONDITIONS OF LABOR
The Government has given vigorous support to policies designed
to improve the conditions of average workers in both the
industrial and agricultural sectors. It has, for example,
committed itself to the gradual extension of free or low-cost
medical care and social services; legislated minimum wage
levels (approximately $50 per month) and occupational safety
conditions; and established procedures and mechanisms for the
protection of worker rights, including legislation prohibiting
child labor. The Beninese Labor Code establishes a 40-hour
workweek and implicitly defines a "minimum age" by authorizing
participation in the social security system beginning at age
14. The civil service administration will not hire persons
under 18. In many instances, however, the Government's
ability to enforce these policies and regulations is limited
by a shortage of administrative and financial resources and by
the need for the entire family to farm subsistence plots of
land.
18
BOTSWANA
Botswana is a multiparty democracy with free elections, an
independent judiciary, a small police force, and a
well-disciplined army subordinate to civilian authority.
Under the Constitution, executive power is vested in the
President, who is chosen in a national election for a 5-year
term. The most recent election was in 1984. The President,
Quett K.J. Masire, selects the Cabinet from the National
Assembly. One party continues to dominate the country's
politics: the Botswana Democratic Party (BDP), which has held
a majority in the National Assembly since independence and at
the end of 1987 controlled 28 of 34 elective seats.
Botswana encourages private enterprise and free trade. All
citizens, including those whites who accepted Botswana
citizenship, are free to participate in the economic and
political life of the country. Exploitation of the country's
mineral resources has stimulated economic growth (excluding
mining) by 5.4 percent from 1983-87. Mining alone grew at an
average rate of 31.9 percent in the same period. The diamond
subsector recorded a price increase of 14.5 percent in 1986.
Per capita gross domestic product increased from $69 in 1966
to about $1,000 in 1987. About 75 percent of the population
live in rural areas and are dependent for their livelihoods on
subsistence farming.
Botswana's human rights record generally remains very good.
Citizens receive equal protection under the law; domestic
political violence is rare; public debate, including that in
the press, is lively; and several women hold positions of
importance in the public and private sector. Botswana
suffered continued pressure from neighboring South Africa in
1987, which has forced the Government to retain special
security procedures such as roadblock checkpoints.
Botswana has maintained a reputation of courteous and
efficient handling of travelers. Therefore, an incident of
particular concern was the April 1987 fatal shooting of an
unarmed British/Zimbabwean national by a Botswana Defense
Force (BDF) soldier at a roadblock checkpoint. Appropriate
procedures were initially followed, including arrest of the
soldier and police and BDF investigations, but no action was
taken against the soldier, who has since returned to duty at
roadblocks. No trial was held, the results of the
investigations were not made public, and there is no evidence
that checkpoint procedures have been improved to preclude a
similar occurrence.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The Government has never been accused of involvement in
political killings. There is no guerrilla or insurgency
activity directed against the Government. However, a bomb
blast in Gaborone in March, for which the Government
eventually blamed the South African Government, resulted in
the deaths of three persons.
19
BOTSWANA
b. Disappearance
There were no reports of politically motivated disappearance
in 1987. The Constitution provides for the protection of
personal liberty. The National Security Act of 1986 grants
the Government the authority to hold detainees incommunicado
on security grounds for an indefinite period of time; however,
there have been no arrests or detentions made under this Act.
Some persons have been arrested under existing criminal
statutes dealing with possession of firearms, weapons, or
contraband. There is no evidence that the National Security
Act has seriously affected judicial procedures or led to the
"disappearance" of any detainees.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There have been some reports of improper treatment by the
police of persons in custody during 1987. This includes a case
in which a defendant alleged that his confession had been
coerced, and the magistrate ruled the confession inadmissible
due to "improper police procedures." The ruling did not
specify that physical abuse had occurred, but there have been
other reports of physical mistreatment by police. There are
no indications that systematic abuses are officially condoned
or permitted.
Prison conditions allow for adequate diet, health care, and
visits from family members. Flogging is permitted for
infractions of prison rules and is mandatory punishment for
rape, attempted rape, armed robbery, burglary, housebreaking,
and related offenses. Traditional tribal courts presided over
by a chief, where jurisdiction is limited to minor offenses,
may also sentence individuals to be flogged.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Botswana Constitution contains a provision protecting
citizens from arbitrary arrest. This provision still applies
despite the passage of the 1986 National Security Act.
Preventive detention is illegal, and habeas corpus exists both
in law and practice. Police are required to bring a suspect
before a magistrate for charging within 48 hours of his
arrest. There is a functioning system of bail, and defendants
have access to lawyers of their own choosing.
In security cases not covered under the 1986 Act, the suspect
must be arraigned within 96 hours of his arrest. In
nonsecurity cases, suspects must be released after 48 hours
unless the magistrate issues a warrant of detention, which is
valid for 14 days. Every 14 days the police must appear
before the magistrate and show they are making progress in the
case. To date there have been no known abuses of this system.
Forced labor is illegal and is not practiced.
e. Denial of Fair Public Trial
The right to a fair public trial is provided by law and
honored in practice; trials involving national security,
however, may be closed to the public. Defendants are entitled
to counsel; consultation between defendants and counsel may be
held in private. There are clearly defined appeal procedures.
The judiciary is independent of the executive and the military
20
BOTSWANA
and consists of a High Court (which is the trial court with
general civil and criminal jurisdiction), Court of Appeals,
local magistrate courts, and customary courts. The High Court
has ruled that there exists the right against self-
incrimination in the courts. Moreover, silence cannot be
construed as guilt, and the burden of proof remains with the
prosecution except in security matters. Since no case has yet
been tried under the National Security Act, legal practice
under its provisions is not yet clear. There are no political
prisoners in Botswana.
Botswana created a Customary Court of Appeal in 1986,
permitting cases tried in the traditional court system (which
exists alongside the magistrates courts) the right to appeal
judgments in familial and property cases. Since this Court
began operating in February 1986, 204 criminal appeals and 197
civil appeals have been heard.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
These rights are safeguarded by law and respected in
practice. A search warrant issued by a magistrate is required
for an official to enter a private residence, except in cases
of suspected diamond theft, drug trafficking, or national
security matters. There were no reported instances in which
this authority was used for diamond or drug-related cases in
1987, and the Government did not state whether the powers of
search contained in the new National Security Act were used.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and of the press are guaranteed by the
Constitution and are respected in practice. The
government-owned newspaper and radio continue to report
statements by all opposition parties. Three independent
weekly newspapers publish articles on a wider range of views
than the government-owned media. Two non-Motswana editors of
one of the independent newspapers were declared prohibited
immigrants during 1987, and returned to their countries of
or igin--Zambia and South Africa. There was some concern that
politics may have been a motivating factor in this decision.
There has been no confirmation of this, however, and the
newspaper has continued to publish without visible changes in
reporting style or content. The independent press, along with
an effective judiciary and a functioning democratic political
system, combine to uphold freedom of speech and of the press.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is a well-established tradition in
Botswana, exemplified by the Kgotla, a communal gathering
similar to a New England town meeting, in which citizens
freely question leaders and voice opinions on local politics.
Kgotla meetings are used regularly by political candidates and
members of Parliament, including ministers, to explain their
programs to the people. Large gatherings require local police
approval, which is routinely given. Demonstrations are
permitted so long as order is maintained. Organizers are
required to submit a detailed plan for any demonstration and
are personally responsible for ensuring that the plan is
followed.
21
BOTSWANA
Unions have the right to organize, to bargain collectively,
and to strike after exhausting established procedures, which
require that the Government be invited to arbitrate the
dispute. In practice, strikes are very rare and usually
quickly settled. Unions have chafed under government
regulations which prohibit financial contributions to unions
from outside Botswana and require that all union leaders
continue to work full-time in the trade their union
represents, thus preventing employment of paid, full-time
union organizers. Unions are important in the country's
largest industries (mining-related) but have not yet developed
a base in other sectors of the economy. Completely
independent of government control or party affiliation, unions
in Botswana actively represent their members.
Unions associate freely with international organizations, and
members attend international conferences. The Botswana
Federation of Trade Unions (BFTU) is affiliated with the
International Confederation of Free Trade Unions and is also a
member of the Organization of African Trade Union Unity and
the Southern African Trade Union Coordination Council
(SATUCC) . The Government expelled the Malawian Executive
Secretary of SATUCC in 1986, which caused the Secretariat to
leave Botswana. Recently the Government has expressed an
interest in having the executive secretariat return to
Botswana with different personnel.
c. Freedom of Religion
Open practice of religion is permitted and encouraged. There
is no state religion. While most residents identify
themselves with Christian denominations, active groups of
Muslims, Hindus, Baha'is, and others practice their faiths
freely. Religious affiliation is neither an advantage nor
disadvantage politically or socially. Religious conversion is
permitted, and missionaries are allowed to enter the country
and proselytize. Foreign clergy are also permitted to enter
Botswana and to serve expatriate congregations.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Botswana citizens are subject to virtually no restrictions on
emigration or repatriation. Domestic and foreign travel are
unrestricted and passports are easily obtained. Refugees
documented by the United Nations High Commissioner for
Refugees (UNHCR) are generally required to live in the
settlement at Dukwe in northern Botswana where conditions are
relatively good, due mainly to contributions of international
donor organizations. Refugees may be authorized to live
elsewhere for reasons such as employment or schooling. As
with other foreigners in Botswana, refugees are not permitted
to accept jobs which could be filled by local citizens.
Due to allegations from some neighboring countries that
refugees are using Botswana as a sanctuary in which to pursue
activities against the governments of their respective home
countries, Botswana has declared that Dukwe residents found
outside the camp without permission will be considered to have
abandoned refugee status and will be repatriated as a
deterrent to questionable activities by other refugees.
Amnesty International, in its 1987 report, stressed its
concern about the Government's forcible repatriation of
several refugees to Zimbabwe in 1986. Recent involuntary
22
BOTSWANA
repatriations of Zimbabweans seemed to concern economic
migrants who did not seek protection offered by the
Government. The UNHCR has registered its concern that all
refugees have full opportunity to meet UNHCR personnel prior
to repatriation. The Government has indicated its willingness
to provide protection officers access to refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Botswana is ruled by a government freely elected by its
people. In the 1984 national election (the fifth since
Botswana became independent) , an estimated 70 percent of the
eligible voters registered, and 86 percent of the registered
voters actually cast their ballots. In 1986 Botswana held an
important by-election in which an opposition party candidate
won by a sizable majority despite a hard-fought campaign by the
country's ruling party. Another by-election in 1987 resulted
again in an opposition candidate retaining the parliamentary
seat vacated by a colleague who had lost it as a result of a
conviction on possession of a stolen vehicle.
There are five parties in Botswana, three of which are
represented in the country's National Assembly. Opposition
parties are particularly strong in the urban areas, including
Gaborone, Jwaneng, and Francistown. However, one party, the
Botswana Democratic Party (BDP), continues to dominate the
country's politics, having held a majority in the National
Assembly since independence in 1966.
The political rights of women and minority groups are
generally observed. For example, there are two female members
of Parliament, one the Minister of External Affairs, the other
the Executive Secretary of the majority party. Several
members of minority ethnic groups are also represented in the
National Assembly; one white Member of Parliament is also a
cabinet minister, and the Speaker of the National Assembly is
white. Several cabinet ministers are from small minority
ethnic groups.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Botswana cooperates with international agencies concerned with
human rights, most notably the UNHCR, which maintains offices
within Botswana. There are no Botswana-based organizations
set up to observe, report, or contest human rights violations.
The Government consistently has responded promptly and
forthrightly to inguiries on the human rights situation in
Botswana but usually refrains from public comment on alleged
human rights violations in neighboring countries. However,
Botswana condemns apartheid and advocates positive
socioeconomic development in South Africa.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While 95 percent of the population is made up of Tswana who
are divided into eight subgroups, ethnic differences do exist
in Botswana, though they play a marginal role in the country's
politics. Only the approximately 50,000 Basarwa, or Bushmen,
remain generally unrepresented in government. Because the
Basarwa live primarily in remote, rural areas and have little
contact with the population centers of Botswana, they remain
23
BOTSWANA
relatively unaffected by government educational and economic
assistance programs and, consequently, have participated only
marginally in the country's political life. The Government
does not oppress or deny them rights, and they have full
voting rights.
Women hold approximately 24 percent of the paid jobs in
Botswana. An estimated 41 percent of central government
employees are women, many of them, as noted, in high-level
positions. While there is little overt discrimination,
statistics suggest that social custom elevates the perquisites
and privileges of men above those of women. Some 40 percent
of rural households are headed by women. Generally speaking,
women's economic opportunities--access to capital, labor,
draft animals, seeds for farming--are significantly worse than
those of men. Women may choose between civil marriage, in
which all property is held in common, or customary marriage,
which recognizes individual property brought to a marriage.
Most women are not aware of the implications of these
alternatives, however. Often a married woman is unable to
obtain a bank loan without the signature of her husband, and
an unmarried woman must obtain the signature of her father.
The Government has assisted in the publication of a women's
rights handbook, and has established preference points for
women seeking government-sponsored development loans.
CONDITIONS OF LABOR
Botswana law prevents the employment of children 12 years and
younger by anyone except members of the child's immediate
family. No juvenile under the age of 15 can be employed in
industry, and only those over 16 can be employed in night
work. No person 16 or younger is permitted to work in
hazardous jobs, including mining. Women are not permitted to
work at night (except on an emergency basis in agricultural
work) and are not permitted to work as miners. Moreover,
Botswana law protects young people from recruiters for jobs
outside the country. The law also provides for minimum,
working standards, including job safety, maxim.um working hours
per week, and a minimum wage. For some jobs during certain
seasons, Botswana law permits a workweek longer than 48 hours
(such as in agriculture during the harvest season) . Most
major manufacturers adhere to the labor laws, including
payment of overtime salaries (time and a half). Some smaller
employers, however, fail to pay overtime, and no action is
taken against them.
80-779 0 -
24
BURKINA FASO
Burkina Faso, one of the world's poorer countries, is a victim
of frequent drought and has been subject to political
instability. From August 1983, Captain Thomas Sankara held
power as President of Burkina Faso until he was replaced on
October 15, 1987 by Captain Blaise Compaore, President of the
Front Populaire, in the country's fourth military coup since
1980. No political party activities have been permitted since
1980, and there are no indications that the country will return
to constitutional rule. Instead, the Government uses a network
of Committees for the Defense of the Revolution (CDR) ,
organized at national, regional, and local levels to mobilize
the population and promote its revolutionary goals.
The Burkina Faso armed forces number about 7,500 members,
including 5,200 in the army, 100 in the air force, and 2,200
in the paramilitary gendarmerie and the police. It is not
known if the security police (DST) still exist under the new
regime. The CDRs also function as a people's militia and
occasionally detain individuals without public charges or
proceedings .
Burkina Faso is overwhelmingly tied to subsistence agriculture,
with 90 percent of the population living in rural areas. The
economy is highly vulnerable to fluctuations in rainfall.
Frequent drought, lack of communications and other
infrastructure, a low literacy rate, and a stagnant economy
are all longstanding problems.
Human rights abuses continued in 1987. A key event before the
coup was the detention of trade union personnel and related
political figures beginning late in May, several of whom may
have been tortured. Trials of businessmen and civil servants,
who were charged almost exclusively with fraud and corruption,
continued to take place outside the traditional judicial
system in People's Revolutionary Courts in which defendants
may not be represented by legal counsel. Civilian and
military personnel accused of lack of enthusiasm for the
revolution continued to be dismissed for reasons ranging from
misconduct to laziness, although in lesser numbers than in
previous years. The October coup and its aftermath resulted
in the loss of life from fighting and summary executions of
about 30 persons, including former President Sankara. The new
Government, however, released all political prisoners,
reinstated previously suspended or dismissed government
personnel, and allowed teachers who had been fired after a
1984 strike to resume work.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
This year, apart from the military and civilian personnel
killed during the coup itself, at least eight military and
paramilitary personnel opposed to the new Government were
summarily executed in the period immediately following that
event. Prior to the coup, there were no known political
killings during 1987. President Sankara is believed to have
been killed in a gun fight during the coup.
25
BURKINA FASO
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In 1987 there were allegations of torture of several trade
union detainees. In its 1987 Report (covering 1986), Amnesty-
International stated that it had received reports about
torture and ill-treatment of detainees held in connection with
bomb explosions in 1985. Some prisoners were reported to have
been tortured with electric shock, burnt with cigarettes,
beaten, and suspended by their wrists for long periods.
Prison conditions are poor.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Reports of arbitrary arrest, followed at times by incommunicado
detention for days or months without charge, continued in
1987. In some cases, though far fewer than in previous years,
these appear to have been initiated by poorly trained CDR
security personnel. The law permits preventive detention
without charge for a maximum of 72 hours, renewable for a
single 72-hour period in criminal cases. In practice, there
are frequent violations of this restriction in cases involving
both Burkinabe and foreign nationals, especially in political
cases. In addition, in cases of emergency or national
security, the military code overrides the civil code.
Military code procedures provide for continued detention
beyond 72 hours.
Until the October coup, several prominent political
personalities of former regimes, such as the former President,
Colonel Saye Zerbo, remained under a loose form of house
arrest. Others, such as Paul Rouamba, former Ambassador to
the United States and Ghana, remained imprisoned. Under
Sankara, the Government began a series of arrests in 1987 of
leaders of one of the four major labor organizations, the
Burkinabe Trade Union Confederation (CSB) , starting with its
Marxist Secretary General, Soumane Toure, on May 30.
Subsequently, some 30 CSB members and political allies were
detained without charge or trial for varying periods. Many
were still in detention until the new Government freed all
political prisoners. On July 2, the Secretary General of the
essentially defunct School Teachers' Union, SNEAHV, Jean Bila,
was arrested and held without trial until the coup. The
Government forced the CSB and its component unions to elect
new leaders in June. Nineteen members of a magistrates' union
lost their jobs in mid-1987, reportedly due to their political
views, but they were reinstated following the coup. The new
Government detained or placed under house arrest several
former officials from the Sankara regime. At the end of 1987,
some were still being held.
Some intellectuals, military officers, and former government
officials have stayed in self-imposed exile, partly due to
fear for their safety should they return. President Sankara
had invited exiles to return home several times in recent
years, asking them to participate in Burkina Faso ' s economic
development. The new Government, like its predecessor, has
welcomed opponents of the previous regime to return home.
26
BURKINA FASO
Forced or compulsory labor is prohibited by the labor code and
is not known to be practiced.
e. Denial of Fair Public Trial
During 1987 the People's Revolutionary Courts continued to hear
cases primarily involving public corruption. The president of
each court is a magistrate appointed by the Government to head
a tribunal composed of magistrates, military personnel, and
members of the CDRs . The Court President asks questions
directly of the defendant. There is no role for a public
prosecutor, and the accused may consult but not be represented
by counsel during the session. Witnesses can be called by the
Court, or they can present themselves to give testimony. The
Sankara Government preferred to use military courts, rather
than the regular courts, to try persons charged with political
and security offenses. The new Government did not try any
political detainees during 1987.
President Sankara said the people's courts should be viewed as
a permanent part of the country's judicial system. The Sankara
Government had already organized a series of similar tribunals
to hear minor cases at the village, department, and province
levels. Most of the judges in these lower level courts are
popularly elected. The Government's oft-stated aim in
establishing these peoples courts was to ensure fair access to
justice for an overwhelmingly illiterate, impoverished
population. One such court was convened to try corruption
cases after the new Government took power.
The regular judiciary, patterned after the French system, has
continued to function for most criminal and civil cases.
Defendants traditionally receive a fair trial and are
represented by counsel. A new development in 1987 was the
establishment of a system whereby civil service attorneys are
appointed to represent those who do not wish to retain or are
unable to afford, a private attorney. While these civil
servants should theoretically make legal aid widely available
and enjoy hypothetical independence of the Government, some
observers believe this is the first step in gradual elimination
of independent lawyers.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government authorities generally do not interfere in the daily
lives of ordinary citizens, and there is no general monitoring
of private correspondence or telephones. In theory, homes may
be searched only under authority of a warrant issued by the
Attorney General. However, in national security cases, a
special law permits surveillance, searches, and monitoring of
telephones and correspondence without a warrant. This law has
been used against persons suspected of opposition to the
Government .
The Sankara Government encouraged participation in the CDR
organization. Vigorous participation in CDR activities helped
in obtaining civil service appointments and promotions. The
Government considered opposition to CDR activities to be
political opposition, which could lead in serious cases to
discharge from the civil service. The attitude of the new
Government toward citizen participation in the CDRs remained
unclear at the end of 1987.
27
BURKINA FASO
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While there is no formal government censorship, references by
the regime to enemies of the State at home and abroad inhibit
both government-employed journalists and ordinary citizens
from expressing critical views. This is reinforced by
occasional dismissals from government service and reports of
arbitrary arrest, dampening a lively tradition of debate on
political topics.
Under the control of the Minister of Information, the media,
which consist of a daily and a weekly newspaper, a weekly
magazine, and radio and television stations, are government
owned. There is no serious criticism of the Government as a
whole in the media, but there is selected criticism of
officials and programs, particularly in a new satirical
government weekly newspaper.
Foreign newspapers and magazines were permitted to enter the
country freely during 1987, both before and after the coup.
Foreign journalists could travel and file stories without
censorship or hindrance and enjoyed easy access to government
officials. The new Government allowed extensive and uncensored
coverage of postcoup events by foreign journalists for about 2
weeks. Then several journalists who had been particularly
aggressive in interviewing high school students about their
reactions to the coup were detained briefly and released.
Following the publication of similar stories by the magazine
Jeune Afrique, the government radio station attacked the
magazine's reporting.
In the arts, movies are subject to censorship by a review
board which includes religious authorities as well as
government officials. During 1987 a wide variety of American,
French, and other foreign films were shown. In 1987 there
were no known instances of political censorship of films.
There is no interference with international radio broadcasts.
b. Freedom of Peaceful Assembly and Association
Under both the Sankara and Compaore Governments, political
parties are banned, and administrative permission is generally
required for assemblies of any kind. Monpolitical associations
for business, religious, cultural, sporting, and other purposes
are allowed and experience no difficulty in obtaining
permission to meet.
Organized labor continues to be an important force in
Burkina. There are four labor f ederations--of which the
largest is affiliated with the International Confederation of
Free Trade Unions. There are also a number of autonomous
unions. The federations take turns representing organized
labor at the International Labor Organization meetings and
participate in African regional labor meetings as well.
Unions have the right to bargain for increased wages and other
benefits within a specific bargaining unit such as a company
or factory but cannot bargain industry-wide. They represent
the interests of their members in the private and public
sectors, as well as before the labor inspection service of the
Government and before the courts. All unions jealously guard
their limited independence from the Government. Organized
labor has the formal right to strike, but the Sankara
28
BURKINA FASO
Government eliminated this right in practice. The attitude of
the new military Government on the right to strike was not
clear at the end of 1987.
The Sankara Government made a major effort in 1987 to bring
some elements of the labor movement in line with government
policies, notably in the case of the CSB confederation (see
Section 1 .d. ) .
c. Freedom of Religion
Burkina Paso is a secular state, and there is no discrimination
on religious grounds. Islam and Christianity exist side by
side, with almost 40 percent of the population Muslim and
about 10 percent Christian. The remainder of the population
practices traditional African religions. Both Muslim and
Christian holidays are recognized as national holidays.
Social mobility and access to modern sector jobs are neither
linked to, nor restricted by, religious affiliations.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travelers within Burkina Faso are often stopped at police,
army, and internal customs checkpoints. There appears to be
little restriction on foreign travel for business and
tourism. Exit permits, once used to limit movements of
workers to neighboring countries, particularly to the Cote
d'lvoire where 1 million or more Burkinabe continue to reside
and work, are no longer required.
Refugees are accepted freely in Burkina Faso, and attempts are
made to provide for their care in cooperation with the United
Nations High Commissioner for Refugees. There were
approximately 250 refugees and displaced persons in Burkina
Faso at the end of 1987, mainly from Chad.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Neither under the last Chief of State, President Sankara, nor
under the rule of the President of the Front Populaire,
Captain Blaise Compaore, have the citizens had the right to
change their government. Despite four changes in leadership
since 1980, the military has dominated the political process.
Captain Compaore told a journalist late in October that his
ambition is to limit, then to disengage, the army from playing
a role in politics. He pledged to move toward
"democratization" of the country.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has made no attempt to hinder the activities of
international human rights organizations. In March 1986, the
Sankara Government invited Amnesty International to send a
delegate to observe the trial of an official charged with
embezzlement of funds. (The organization declined on the
grounds that the case appeared to be solely a criminal matter,
and thus was outside its mandate.) The new Government's
attitude toward the European Parliament's November resolution
condemning the assassination of Sankara was unknown.
29
BURKINA FASO
A government-supported organization lobbies against the South
African apartheid system and other racial oppression, but it
makes no effort to look into domestic human rights issues or
foreign practices other than racial discrimination.
Section 5 Discrimination Based on Race, Sex, Religion,
Language or Social Status
Minority ethnic groups are as likely to be represented in the
inner circles of the Government as are the dominant Mossi, who
comprise 50 percent of the population. Government decisions
do not favor one ethnic group over another. One ostensible
reason for the 1983 increase in administrative regions from 11
to 30 was to improve access of minority groups to local
administrative authorities.
The role of women in Burkina Faso is still limited by the
cultural orientation of a rural African society. Women are
important in family farming and in the market economy. The
Sankara Government emphasized its strong commitment to
expanding opportunities for women and appointed a number of
women to cabinet positions and other government jobs. The new
Government has not taken formal positions on the status of
women, but 3 women remain in the Cabinet.
CONDITIONS OF LABOR
The labor code sets the minimum age for employment at 14, the
average age for completion of basic secondary school.
However, the Government lacks the means to enforce this
provision adequately, owing to the large number of small,
family subsistence farms, and the traditional apprenticeship
system. A minimum monthly wage of about $75 and a maximum
workweek of 48 hours are stipulated by the labor code, as are
safety and health provisions. A system of government
inspections and labor courts ensures that these provisions are
applied in the small industrial and commercial sectors, but
they have been impossible to enforce in the dominant
subsistence agriculture sector.
30
BURUNDI
The Republic of Burundi is a one-party state led by President
Pierre Buyoya , an army major who came to power in September
1987 through a bloodless coup. At present, the nation is ruled
through a 31-member Military Committee for National Salvation,
but Buyoya has promised a speedy return to civilian government,
and 16 of 20 ministers named recently are civilians. The
National Party for Unity and Progress (UPRONA) is the only
significant political entity in Burundi. As President of the
Republic and head of the ruling military committee, Buyoya
plays a dominant policy role. With the Constitution suspended
officially, Buyoya currently exercises legislative and
regulatory powers as well. The dominance of the minority
Tutsi over the majority Hutu ethnic group has been the central
political and social reality of Burundi for several centuries,
and continues under the new Government, although Buyoya has
announced a policy of tribal reconciliation and has promised
to increase Hutu participation in the country's emerging
political institutions and even in the military.
The Burundi Armed Forces are well equipped and well trained to
maintain law and order. In addition, there is a regular police
force responsible for public order and a separate force of
security police responsible primarily for internal state
security, including the monitoring of dissent. The state
security police have the same powers of arrest as the regular
police and are subject to the same process of judicial review
of detentions.
Burundi is a poor country with one of the highest population
densities in Africa. Most Burundi (90 percent) earn their
livelihood as subsistence farmers working small, privately
owned plots. The small monetary economy is based on coffee,
which accounts for 85 percent of foreign exchange earnings.
Recent gains in food production and agriculture have been
largely offset by the high population growth rate.
The major development in 1987 was the coup d'etat which
brought Buyoya to power. In the months prior to the coup, the
Government of former President Bagaza took an increasingly
hard line against any form of dissent. In particular, Bagaza
sought to weaken, if not destroy, the Roman Catholic Church
through church closings, the arrest and expulsion of priests,
and the placement of severe restrictions on the freedom to
worship. Other religions were persecuted also, and large
numbers of Seventh-Day Adventists and Jehovah's Witnesses were
imprisoned without charge under harsh conditions. Bagaza's
excesses were a major cause of resentment against the old
Government and Buyoya has made the protection of human rights
a major goal of his administration. In the first days
following the coup, the Military Committee freed all political
prisoners, announced a partial amnesty for other prisoners,
opened the closed churches, and invited all exiles to return.
By mid-October, Buyoya had announced further liberalization,
including authorization for weekday masses and religious
schools and the reinstitution of the office of catechist.
Buyoya also has encouraged discussion and pledged wide
democratic debate within the party structure. The new
President has preserved the civilian character of the
bureaucracy and taken steps to reduce corruption. The
Military Committee is moving more slowly in reinstituting the
national assembly, with elections not expected for several
years. While the Constitution has been suspended, government
operations which rely on constitutional provisions continue as
before.
31
BURUNDI
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no allegations of killings for political motives or
reports of summary executions.
b. Disappearance
No disappearances caused by the Government or by other groups
were reported. Prison authorities during the Bagaza era
reportedly could not account for all persons who had been
detained, but whether those unaccounted for died in prison,
escaped, or were released remains to be determined.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is forbidden by law, but prior to the coup cruel
treatment of suspects or detainees often occurred in the form
of beatings at the time of arrest or interrogation. These
beatings, when combined with other harsh conditions,
occasionally led to serious injury or even death. In fact,
two Jehovah's Witnesses are reported to have died in May as a
direct result of such mistreatment. Since the coup, there
have been no reports of torture or cruel punishment. The new
Government has expressed an interest in having regular visits
by the International Committee of the Red Cross (ICRC).
Prison conditions remain severe due to the lack of adequate
hygiene, medical care, and food. Prisoners are segregated
according to the nature of their crimes, allowed regular family
visits, and participate in rehabilitative work programs,
including agricultural production. Due to inadequate prison
budgets, food rations are likely to remain limited, and
families are encouraged and expected to provide supplemental
food and other personal items to their imprisoned relatives.
The Government recognizes this is a serious problem and has
begun a program of prison renovation.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Police officers are empowered to detain suspects without an
arrest warrant but must submit a written report to the public
prosecutor's office within 24 hours. The public prosecutor
examines the report and can either order the release of the
detainee or issue an arrest warrant valid for 5 days. The
public prosecutor then must state the charges before a
magistrate in the presence of the detainee. The magistrate
either releases the detainee or issues orders confirming the
detention, initially for 15 days and subsequently for 30-day
periods as necessary to prepare the case for trial. Bail is
set only in cases of embezzlement or similar crimes involving
financial wrongdoing.
Since the coup, the prescribed procedures for arrest and
imprisonment have been followed. Previously, the elapsed time
between an arrest and the notification of the public prosecutor
often extended to several days, and detainees did not always
appear before a magistrate within the allotted 5 days after
arrest. Relatives or consular representatives are almost
always made aware of arrests or detentions, generally at the
32
BURUNDI
time of incarceration, and detainees usually are permitted to
go to their homes prior to being brought to the place of
detention.
The Government does not exile its nationals. Citizens of
other countries suspected of criminal activity or lacking
proper residency documents are expelled. Forced or compulsory
labor is not permitted under current law, but most citizens
are expected to perform community service on Saturday mornings.
This last measure had caused serious problems during the Bagaza
era for Seventh-Day Adventists who are forbidden by their faith
from working on Saturday, their Sabbath. The Buyoya Government
has agreed to let the Adventists perform this service on
another day.
e. Denial of Fair Public Trial
The judiciary's independence is limited by the requirement to
adhere to the guidance and recommendations of the party, the
Government, and the President. Judges are appointed by and
serve at the pleasure of the President. Nevertheless, there
is a high degree of autonomy in the court's daily
administration of justice. Though court decisions cannot be
overturned by the executive branch, the President has the
power to pardon or reduce sentences.
Burundi has separate court systems to deal with military,
civil/criminal, and state security cases. Military tribunals
have jurisdiction only over military personnel. The State
Security Court has jurisdiction over both civilian and
military personnel, and its proceedings need not be made
public. To date, this Court has never been used. Burundi law
provides the right to counsel, and indigents are provided
defense counsel by the State. Pretrial proceedings may
involve lengthy investigations. The public prosecutor's
office generally dismisses cases where the evidence in support
of the charges is weak, and only proceeds to trial when it
believes guilt has been established. The courts are still
hampered by a lack of trained legal personnel and by heavy
case loads.
During the past 7 years, the Government has taken steps to
improve the judicial system, and the 1984 party congress
recommended additional judicial reforms. New courts have been
created, the number of magistrates has tripled, and training
seminars and conferences have been held.
Following the coup d'etat, all political prisoners or
political detainees in Burundi were released. Since then two
former Ministers in the Bagaza Government have been arrested
on criminal charges of corruption. This contrasts sharply
with the situation during the months immediately prior to the
coup, as Bagaza's security service arrested and detained ever
larger numbers of suspected dissidents, including Burundi's
former ambassador to the United Nations in Geneva. Amnesty
International, in its 1987 Report, estimated that there may
have been about 100 political prisoners held at any one cime
in 1986. These included several former ministers from
President Micombero's regime, who were being held for
criticizing the Government's religious policy.
33
BURUNDI
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The inviolability of private correspondence and of the home
are ensured in the Constitution and respected in practice. A
judicial warrant is required for a law enforcement official to
enter and search a private residence.
Membership in the major political party and its affiliated
organizations is open to all, but is not required. The State
Security Office monitors political dissent through the state
security police and by employing informers who report on
discontent and dissent as well as on criminal activity.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government controls all domestic print and broadcast
media. The French-language daily and Kirundi-language weekly
are published by the Ministry of Information, which also
operates the domestic radio and television stations. The
media have been required to support the fundamental policies
of the party and the Government. Some criticism of the
Government is permitted in the printed press, but journalists
are state employees and are subject to disciplinary action if
their criticism goes beyond what is considered tolerable. The
Government rarely interferes with the distribution of foreign
news publications and never interferes with radio reception
from foreign sources.
In the first months following the coup, there has been an
unprecedented outpouring of public debate and questioning on
formerly taboo subjects such as ethnic relations and official
corruption. Academic freedom has been limited in the past in
that primary and secondary school teachers were expected to
support government policies. It is not yet known whether this
will continue. At the university, professors come from many
different countries, both east and west, and are permitted to
lecture freely in their subject areas, conduct research, and
draw independent conclusions. Public censorship occurs only
in the case of sexually explicit foreign film material or
publications .
b. Freedom of Peaceful Assembly and Association
In the past, the express authorization of the Government was
required for all political meetings. This requirement
effectively guaranteed government control of all public forums
and limited association for political purposes to participation
in the party or its affiliated youth, labor, or women's
movements. This restriction has not been enforced since the
coup, but it is not yet known whether it will be withdrawn
officially.
The party controls the National Trade Union Confederation
(UTB) , and has institutionalized this single trade union
structure by means of legislation. The principal role of the
UTB, to which virtually the entire salaried work force
belongs, is to serve as an intermediary between workers and
employers in labor matters. The UTB arbitrates individual and
collective labor disputes and often forces employers to revise
their practices. Unauthorized advocacy of a strike or lockout
is a criminal offense. Therefore, though they are technically
permissible, there have been no strikes in recent years. The
34
BURUNDI
UTB participates in the International Labor Organization and
is a member of the Organization of African Trade Union Unity.
In 1986 the UTB held an extraordinary meeting to adopt its
statutes, and the proceedings were relatively democratic.
The Government permits nonpolitical private associations, but
requires that they be registered and accorded legal recognition
before they may function.
c. Freedom of Religion
Ex-President Bagaza saw organized religion as a threat to his
power and sought to diminish the role of the church in the
everyday life of the people. To accomplish this, he placed a
series of ever more repressive restrictions on where and when
people could worship. Further, there was an official, though
undeclared, policy of harassment against organized religion,
particularly the Catholic Church. This harassment took the
form of imprisoning a number of priests, nuns, and lay
officials, expelling or denying visa renewals for missionaries,
closing down churches, abolishing the office of catechist,
expropriating church schools and property, and engaging in a
vicious media campaign which accused the church of everything
from sowing ethnic discord to having Nazi sympathies. This
program was extremely unpopular with the Burundi people, and
President Buyoya and his Military Committee have acted quickly
to remove many of the most serious restrictions. Specifically,
Buyoya has freed all religious prisoners (along with the
political prisoners), reopened the closed churches, authorized
weekday masses, reinstituted the catechists, and stated that
Catholic seminaries and the "Yaga-Mukama" literacy/catechism
classes may be reestablished. Further, the church will be
permitted to make radio broadcasts and publish newspapers and
books. Several other issues, such as the disposition of
confiscated property and the return of former missionaries,
are currently the subject of discussions between church
leaders and the Government.
Although these reforms will restore the church to a key role
in the development of the country, religious expression in
Burundi continues to be carefully restricted by civil laws and
regulations. The Burundi Government believes religious
organizations must be subject to the same sorts of rules and
restrictions which apply to secular organizations. All
religious associations must receive approval from the
Government to operate in Burundi and are expected not to
engage in political activity critical of the regime in power.
The legal representative of each religious sect must be a
Burundi citizen.
During the Bagaza regime, two religions, the Seventh-Day
Adventists and the Jehovah's Witnesses, were banned. However,
an international delegation of Seventh-Day Adventists has been
told by the Minister of Interior that the Adventists will be
allowed to reorganize. The previous problem relating to the
Adventists" refusal to do Saturday work has been resolved by a
mutual agreement that the Adventists will perform their
community service on some other day. The Jehovah's Witnesses
have not yet requested to be reinstated as a recognized
religion, so it is not yet known whether they will be allowed
to reestablish themselves in Burundi.
There are no barriers to the maintenance of links with
coreligionists in other countries. Religious beliefs do not
35
BURUNDI
exclude people from participation in the party or from
receiving social benefits.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Mo
i-.wvement is generally free within Burundi, although government
policies discourage urban migration. Foreign travel and
emigration are relatively free. Prospective Burundi travelers
must have exit visas as well as passports. In the past, some
foreigners applying for exit visas were required to prove they
had no outstanding debts. During 1987 until the coup d'etat,
many missionaries and other long-time foreign residents were
denied the renewal of their residence permits. The Buyoya
regime has reversed this trend and renewed the permits of
several residents and missionaries previously threatened with
expulsion.
The Government has cooperated closely with the office of the
United Nations High Commissioner for Refugees (UNHCR) .
Burundi claims to shelter 262,000 refugees, but most are
long-time residents who now are well assimilated. The UNHCR
estimates that there are approximately 70,000 refugees,
primarily Tutsis of Rwandan origin who fled to Burundi in the
1960*s. Many are well integrated in Burundi, although they
may acquire citizenship only through marriage to a Burundi
citizen. During 1987 increasing numbers of Rwandan and other
refugees lost their jobs when they were replaced by Burundi
citizens of matching qualifications, despite the provision in
Burundi law granting refugees the right to work. In July
1987, the Ministry of Interior declared that any refugee
holding a job would be allowed to keep it, and any unemployed
refugee could fill jobs for which there were no qualified
Burundi. The Government periodically repatriates Rwandan
nationals who lack residence permits or who have been arrested
on suspicion of criminal activities. Refugees who fled from
Burundi in the 1970's and earlier continue to return and have
full rights as citizens. Some 5,000 Burundi who were
repatriated forcibly from Tanzania in April 1987 were welcomed
and given materials to reestablish themselves in less
populated areas.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Burundi citizens do not have the right to change their
government. Political participation can take place only
within the one-party structure, and voters can express
dissatisfaction only by voting against incumbents. The party
is open to all Burundi supporting its principles and claims a
membership of approximately 1.4 million, over three-quarters
of the adult population. The party regularly holds local and
regional meetings, where party members discuss issues and make
recommendations. While there are multiple candidates for
party positions, balloting is not secret.
Since September 1987, the 31-member Military Committee for
National Salvation (MCNS) is the supreme body of the nation,
charged with directing policies and government decisions.
Most executive decisions are taken by the 10-member Executive
Committee of the MCNS. The President has indicated that the
Military Committee will rule until civilian government
institutions, presumably including the National Assembly, are
reconstituted. The President has been invested by the
36
BURUNDI
Military Committee with legislative and regulatory authority,
executing this authority within the guidelines decided by the
committee .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Buyoya Government has cited the Bagaza regime's abuse of
human rights as one of the reasons for its overthrow. It has
pledged to protect the rights of all Burundi citizens and to
work with humanitarian organizations, including permitting
regular ICRC prison visits in the future. In 1986 the Bagaza
regime authorized the ICRC to schedule periodic visits to
prisons, and visits were made. The scheduled visit for August
1987 was postponed without explanation, but shortly thereafter
it was revealed that Burundi prisons were holding a greatly
increased number of political prisoners. The Bagaza Government
permitted Amnesty International to visit Burundi in 1987.
Burundi is a party to several United Nations instruments on
human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The minority Tutsi have for centuries dominated the majority
Hutu. Civil strife in 1972, which culminated in government
sanctioned massacres, resulted in the deaths of around 150,000
Hutu and caused another 200,000 to flee to neighboring Rwanda
and Tanzania. During the Second Republic beginning in 1976,
the level of ethnic tension markedly declined, and Tutsi-Hutu
tensions are not believed to have played a role in the
downfall of the Bagaza regime. Thousands of Hutu refugees
have returned to Burundi over the past several years. While
the Government is far from representative of the Burundi
population as a whole (85 percent Hutu, 14 percent Tutsi, and
1 percent other), Buyoya has appointed Hutus to all levels of
government, including 7 to his 20-member Cabinet, and 6 out of
15 provincial governors.
Intermarriage also has contributed to a blurring of ethnic
distinctions. The low level of economic development in rural
areas affects both Tutsi and Hutu, making the difference in
economic status between the two groups scarcely discernible in
the countryside. However, because of their longstanding
dominance of the government and access to education, the Tutsi
predominate in the modern economic sector. The military
remains under Tutsi control, and Tutsi dominance is expected
to continue under Buyoya ' s rule. Nevertheless, there is no
evidence that Hutus are denied equal protection under the law.
Women in society hold a secondary position, although their
status is undergoing considerable change from traditional
patterns. The suspended Constitution provided for legal
equality. The current legal code prohibits polygamy and a
dowry requirement, allows women some control over family
matters, and provides for land inheritance by women. Although
fewer women than men obtain a formal education, once a degree
is attained women can generally find suitable employment. The
Government has not discriminated against women in hiring.
Women are represented at all levels in the political life of
the country, including two in the Buyoya Cabinet. Their main
vehicle of political expression is the Burundi Women's Union
which is affiliated with the party. The party remains
dominated by males.
37
BURUNDI
CONDITIONS OF LABOR
More than 90 percent of the population of Burundi are
subsistence farmers. Some increased monetization of the
economy is occurring with the increase in coffee and tea
production. Worker rights are guaranteed by the Burundi labor
code and by the National Collective Interprofessional Labor
Convention, but these rights have relevance primarily for
workers in the small wage sector of the economy. Working
hours vary between 40 and 45 hours per week; Saturday
afternoons, Sundays, and holidays are times of rest. Children
under the age of 12 may not be employed in any capacity, nor
may children under the age of 16 be engaged in dangerous or
strenuous work. But, as a practical matter, many children are
obliged by custom and circumstance to help their families in
subsistence agriculture. In the modern economic sector,
minimum health and safety standards are monitored by the
Ministry of Labor, but enforcement of these standards is
limited, in part due to the lack of inspectors.
Burundi has a high population growth rate. The number of
available workers for salaried jobs far exceeds demand. As a
result, labor costs are low. The established minimum wage of
approximately $1.12 per day is barely adequate to provide a
decent living for workers and families. Wages are higher in
the few private sector businesses.
CAMEROON
Political power in Cameroon is heavily concentrated in the
presidency. The President appoints all government and party
officials and makes all major decisions, although key
parliamentarians in the National Assembly and others have some
behind-the-scenes influence. Cameroon had an active multiparty
system when it became independent, but under former President
Ahidjo, all parties were gradually consolidated into the
Cameroon National Union, renamed in 1985 under President Paul
Biya the Cameroon People's Democratic Movement (CPDM) . Biya
began a policy of democratizing the party structure in 1987 at
the grass roots in preparation for multiple candidate municipal
elections in 1987 and multiple candidate legislative elections
in 1988.
Internal security responsibilities are shared by the National
Police (Surete National), the National Intelligence Service
(Centre National Pour les Etudes et Recherche, CENER) , the
Ministry of Territorial Administration, Military Intelligence,
and, to a lesser extent, the Presidential Security Service.
The Ministry of Territorial Administration is in charge of
prisons, and the National Police has the dominant role in
enforcing internal security laws. The CENER and the military
are still involved in both those functions, but to a lesser
degree.
Cameroon's economy remains strong, with a per capita gross
domestic product ($1,130 in 1986) that places Cameroon among
the middle-income developing countries. Nonetheless, it
remains plagued by many problems of underdevelopment and its
economy declined in 1987 as revenues from oil and other raw
material exports fell. Cameroon's diversified agricultural
base and the Government's conservative economic policies
should help the country weather declining terms of trade and
other external difficulties.
During the 22 years of President Ahidjo's rule, Cameroon's
diversity and the armed violence in some parts of the country
were used to justify authoritarian control and harsh
restrictions on civil liberties. In contrast, under President
Biya the human rights environment has improved, but this
progress was marred by two incidents in 1987 in which
officials of the Cameroon Tribune, the Government's
francophone daily, were detained. In both instances, the
detainees were reportedly released by order of President
Biya. By most estimates, 10 to 20 political detainees,
holdovers from the arrests that followed the attempted 1984
coup, remain in custody.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, including
Freedom from:
a. Political Killing
There were no reports of political killing.
b. Disappearance
There were no reports of disappearance.
39
CAMEROON
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is proscribed by the criminal code, which renders
evidence obtained by torture inadmissible. In addition, the
penal code prohibits public servants from using force against
any person. However, very poor prison conditions, including
inadequate food and sanitation, and limited medical facilities
remain problems. Prisoners have reportedly suffered from
severe malnutrition unless provided food by friends or
families. Persons under "administrative detention" (i.e.,
political detainees) are kept in special camps or prisons.
Access to the administrative detention centers by families and
friends is severely restricted.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under Cameroonian law, a person arrested on suspicion of
committing an offense may not be held more than 48 hours
without a court order. This provision is generally observed.
However, after an investigating magistrate has determined that
the case should be brought to trial and has issued a warrant
to that effect, there is no limitation on how long the detainee
may be held in "preventive detention" pending trial. Accused
persons awaiting trial constitute the majority of persons in
the prisons at Yaounde and Douala. Release on bail is
infrequent. The CENER does not bring its detainees before
magistrates for investigation, as is the norm under the penal
code.
Persons may be held in administrative detention under
legislation pertaining to subversion. The penal code defines
detention as the "loss of liberty for a political felony or
misdemeanor." Such detention by regional authorities is
initially for 1 month, renewable twice, and may be extended up
to an additional 6 months by the Minister of Territorial
Administration. Generally, those arrested and placed in
administrative detention do not disappear--their families are
told where they are, and they are eventually released,
although the detention may be lengthy. Political detainees,
10 to 20 of whom are currently estimated to be in custody, are
usually held under this type of detention. Under state of
emergency provisions, authorities may also order detention for
up to 1 week for persons judged "dangerous to public security."
The Minister of Territorial Administration may also order
detention of such persons for up to 2 months; the order is
renewable without limitation. The state of emergency
provisions were not used in 1987.
Local police occasionally harass citizens and threaten to
detain them unless bribes are paid. These actions are not
condoned by high government officials and have been sharply
criticized by the President. In October 1987, the Secretary
of State for Internal Security publicly reminded police that
they must not become criminals in enforcing the law and they
must enforce it fairly.
There are no reports of forced labor being practiced in
Cameroon.
e. Denial of Fair Trial
Trial by a presiding magistrate is guaranteed by law, and this
practice is followed with the exception of persons held under
administrative detention. Public trials are also guaranteed
40
CAMEROON
by law, although exceptions are allowed for the public good or
national security reasons. Trials which involve prominent
persons or which are controversial are sometimes held in
private. Magistrates in Cameroon are a corps of career civil
servants responsible to the Minister of Justice and are
required to have law degrees. Their decisions are generally
not subject to government interference, and they are usually
considered to conduct fair trials. There was an instance in
1987, however, in which a magistrate was apparently the object
of a retaliatory transfer after rendering a civil judgment
against the Government. Defendants in felony cases are
provided attorneys if they cannot afford one.
Crimes involving subversion or illegal use of weapons, as well
as crimes involving the military, are tried by military
tribunal. Each tribunal has three members, and its presiding
officer must be a magistrate and often is a military officer.
As in civil cases, defendants are entitled to either public or
private counsel.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Both invasions of the home and tampering with correspondence
are violations of Cameroonian law. However, there are reports
that police enter homes without warrants during periodic
searches for criminals in low-income neighborhoods. Police
officials also sometimes enter homes and demand to see
receipts for household property as a customs law enforcement
measure. Surveillance of suspected political dissidents,
including monitoring of mail and of telephone conversations,
is also common.
Section 2 Respect for Civil Liberties, including:
a. Freedom of Speech and Press
The Constitution of 1972 provides for the freedom of expression
and press, but under Cameroonian law and practice these
freedoms are restricted. No written ground rules exist, and
the private press must submit each issue for censorship to see
what is deemed acceptable and what is not. There is no
evidence that anyone is punished for privately criticizing the
Government, and freedom of public discussion exists to a degree
that was unknown during the Ahidjo era. The private press
continues to flourish, with close to 20 newspapers publishing
on a regular schedule.
Although no newspapers were closed during 1987, several
incidents impinged upon the freedom of the Cameroonian press.
In December 1986, the Minister of Justice criticized the press
for considering itself a fourth branch of government,
emphasized the need for state controls over the press, and
warned of severe sanctions in the event of press misbehavior.
In January 1987, two senior officials of the Cameroon Tribune,
the government francophone journal, were arrested after the
unauthorized publication of a presidential decree; the
journalists were released over 1 month later but were
subsequently fired. In March, three officials of the Cameroon
Tribune were detained and interrogated by the CENER, Cameroon's
security service, following the publication of an article
about a conference on political literature held at the
National University of Cameroon in Yaounde. In addition to
the journalists, two academic participants were arrested and
interrogated at the same time. As was the case in the earlier
41
CAMEROON
incident. President Biya ordered the five detainees released
when he learned of the arrests upon his return to Cameroon
from a trip abroad.
There has been increased editorial comment in the
government-controlled press and radio, although the official
journalists, bound by rules governing the behavior of civil
servants, enjoy much less latitude than do their private
counterparts. Most official journalists are civil servants
and can be transferred to less desirable jobs if they do not
censor their own reporting. Cameroonian television has been
on the air since December 1985, and although the television
journalists seem to have more leeway to tackle sensitive
social issues and governmental corruption, they, like their
print and radio counterparts, practice self-censorship on
controversial political issues.
In past years, issues of international publications have been
seized because they contained articles about Cameroon which
the Government considered inflammatory or defamatory.
b. Freedom of Peaceful Assembly and Association
The freedoms of assembly and association, while provided for
in the Constitution, are restricted in practice and in law.
The Cameroonian penal code prohibits public meetings,
demonstrations, or processions without prior government
approval, and organizations must register with the Government.
The sole labor union, the Organization of Cameroonian Workers
Union (OCWU) , operates within the framework of the official
political party, and the top union leadership is chosen by the
Government. Pursuant to its policy of democratization, the
OCWU permitted multiple candidates in the worker delegate
elections in November, but OCWU retained the right to approve
candidacies in advance. The union does not play a major role
in Cameroonian politics, although it has a membership of
approximately 450,000 workers in a working population of more
than 3 million. It pursues individual worker grievances and
seeks improvements in government programs for worker safety
and training.
The OCWU participates in government-regulated labor
negotiations, but strikes are illegal. Political activity by
the trade union, excepting action designed to protect economic
and other interests, is prohibited. The union maintains
contact with foreign trade union organizations, notably the
African-American Labor Center, but such contact reguires
government authorization. Cameroon is a member of the
International Labor Organization (ILO), and rank and file
union members comprise the labor component of the Cameroonian
delegation to its meetings. The union is also a member of the
Organization of African Trade Union Unity.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and is
generally respected. In order for a religious group to exist
and function legally, it must be approved and registered with
the Ministry of Territorial Administration. On at least one
occasion, the Ministry rejected an application from a small
religious group on the ground that it was too nearly identical
to an existing group. Roughly 20 percent of Cameroonians are
Muslim, 30 percent Christian, and the rest animist. Officials
of the Government and party are drawn from members of all
42
CAMEROON
denominations. Missionaries played a major role in the
development of Cameroon and continue to be active.
However, the Jehovah's Witnesses, who do not acknowledge the
supremacy of the state, were banned in 1970 and periodically
have been targets of harassment since then, including
imprisonment. In the most recent incident, a Jehovah's
Witness, Augustine Kong, was reportedly sentenced to 2 years'
imprisonment in June in an illegal border crossing case.
Amnesty International, in its 1987 report (covering 1986)
mentioned several specific cases involving the arrest of
Jehovah's Witnesses, e.g., Andre Beygue Yakana, who was
arrested in 1984 for attending an unofficial religious service
in his home. Amnesty International adopted Yakana as a
prisoner of conscience.
Observance of traditional religions is not discouraged by the
Government, although acts of witchcraft, magic, or divination
"liable to disrupt public order or tranquility, or to harm
persons or property" are outlawed with penalties of up to 10
years' imprisonment.
Independent Muslim and Christian publications exist in
Cameroon, and there is no evidence that they are censored more
heavily than the secular press. The exception, again, is the
Jehovah's Witnesses, who are not allowed to publish or
distribute their religious materials.
d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within the country is not restricted by
law. In practice, however, police frequently stop travelers
to check identification documents as a security and immigration
control measure. Exit visas are required to leave the country
and sometimes are obtainable only after long bureaucratic
delays. In some cases, these delays may represent attempts by
the Government to discourage or even prevent departure. The
Government has also been known to refuse issuance of a
passport, or to confiscate an already issued passport, in
order to prevent someone from traveling abroad. Cameroonians
who leave the country must deposit sums sufficient to buy a
return air ticket for repatriation should they become stranded
abroad. There are no restrictions on voluntary repatriation.
Women must obtain the permission of their husbands or fathers
to leave the country.
Over the years, Cameroon has served as a safehaven for
thousands of displaced persons and refugees. The Government
currently acknowledges the presence of approximately 50,000
Chadians in Cameroon, some 7,500 of whom have been recognized
by the United Nations High Commissioner for Refugees (UNHCR)
as political refugees and are living at the UNHCR camp at Poli.
The remaining Chadians have integrated into the Cameroonian
economy and do not receive government or international
assistance. Cameroon is also host to refugees from South
Africa, Zaire, Angola, and other African nations, and there
are approximately 100 Namibians in Cameroon as students.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Cameroon continues to be a one-party state with political
power and administrative responsibility concentrated in the
presidency. While the Constitution implies the legality of
43
CAMEROON
other political parties, in fact, only one party, the CPDM, is
currently permitted, and therefore citizens cannot change the
party in power through the electoral process. On June 26,
1986, the Cameroon Supreme Court ruled against the latest
attempt by Dr. Joseph Sende to gain legal recognition for the
Union des Populations du Cameroun (UPC), the second time under
the Biya Government that the Supreme Court rejected Sende * s
plea. As before, the Court denied Sende on the ground that he
is an active member of the CPDM. No one attempted to gain
legal recognition of a second political party in 1987.
Although the election law theoretically permits multiple
candidates for the presidency. President Biya ran unopposed in
the January 1984 elections and received 99.98 percent of the
votes. The President appoints all governors, prefects, and
cabinet ministers.
Cameroon's political system is a product of the country's
ethnic and linguistic diversity, which includes some 230
languages and 3 separate European traditions (French, British,
and German). Both French and English are official languages,
although some Anglophones allege political discrimination by
the majority Francophones. A careful balancing act, within
the one party, is required to maintain political cohesion.
Membership in the CPDM is open to all religious and ethnic
groups. While the party remains essentially a centrally
controlled organization, it is gradually broadening itself
pursuant to the program adopted by the 1985 CPDM Congress.
Local party meetings held throughout the country in 1986 were
aimed at encouraging the use of the party for two-way
communication between the people and the Government. The
first open municipal elections with multiple candidacies were
held on October 25, 1987, and a 1987 law provides for multiple
candidacies for the 1988 National Assembly elections as well.
Externally based dissident groups, including the Union des
Populations du Cameroun (Francophone) and the Cameroon
Democratic Party (Anglophone), periodically send letters or
pamphlets into the country. The Government attempts to seize
these documents when they arrive. A number of former UPC
members are now active in the CPDM.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Under President Biya, the Government has given increased
attention to human rights issues, both internally as a part of
President Biya's program of "democratization" and in public
statements in forums such as the United Nations.
The Government of Cameroon does not publicly acknowledge or
respond to investigations of alleged violations of human
rights by nongovernmental organizations (e.g.. Amnesty
International) .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Access to the Government's social programs is open to all
Cameroonian citizens on a nondiscriminatory basis. Girls made
up 45.5 percent of elementary students in 1984-85, the last
school year for which statistics are available. Women are
underprivileged, both in access to higher education and in
terms of professional opportunities. Girls from the southern
part of the country, although disadvantaged at the secondary
44
CAMEROON
education level when compared with boys from the same areas;
have a considerable educational lead over girls and boys from
the eastern and northern provinces. One of the goals of the
sixth 5-year plan for economic, social, and cultural
development is to improve educational opportunities for women.
Women are promised equal rights under the Constitution and are
politically active in the party and the sole labor union. The
women's wing of the party has developed programs aimed at
encouraging the economic and social productivity of
Cameroonian women. Women are represented in the modern
sector, although not proportionately in the upper levels of
administration and in the professions. There are some women
in the armed forces. There are currently five women in
President Biya's Government but no women governors or prefects,
As a result of the 1983 legislative elections, the percentage
of women in the National Assembly increased from 10 to 14.
CONDITIONS OF LABOR
The Cameroonian National Labor Code sets the minimum working
age at 14, the minimum annual paid vacation at 18 days, and
the legal workweek at 40 hours for nonagricultural employees
and up to 48 hours per week for agricultural workers. In
order to make room for younger workers, civil servants are
being encouraged to retire upon reaching the minimum
retirement age of 55. Minimum monthly wages are set by the
Government for all public and private sector jobs. Wage rates
are based on geographic zones, types of industry, and
qualifications of workers and length of service. The lowest
wages are insufficient to support a family but, in most cases,
they are supplemented by a second job or another family
member's earnings. Workers with middle-range wages are also
likely to need second incomes to support a family, especially
in Yaounde and Douala. Because of Cameroon's relatively
healthy economy, workers have opportunities to supplement
their wages with second jobs. Occupational health and safety
is mandated by law, based on ILO standards. In theory, these
standards are enforced by inspectors of the Ministry of Labor,
but they lack the means for effective enforcement.
45
CAPE VERDE
Cape Verde is ruled by the African Party for the Independence
of Cape Verde (PAICV), the country's sole political party,
under the leadership of President Aristides Pereira. Most
government ministers are also senior members of the party, and
many of them were leaders of the revolutionary movement to
free Cape Verde from Portuguese rule. The PAICV is officially
open to anyone wishing to join, and membership, about 4 percent
of the voting population, has doubled in the 11 years since
independence. The Constitution adopted in 1980 declares the
party "the supreme expression of the interests of the popular
masses." Members of the Popular National Assembly, which is
formally the supreme organ of the State, are elected from a
slate of candidates which is proposed to the electorate by the
party. The Assembly selects the President, who, as Head of
State, proposes the Prime Minister to the Assembly. While the
Assembly does not reverse government/party decisions, deputies
debate issues openly, and critical views are often reported in
the media.
Security responsibilities, which had been divided between the
military, the security, and police forces, were combined into
a single government department in February 1986. The
reorganized Ministry of Defense and Security operates under
guidelines and leadership approved by the party.
Cape Verde has few natural resources, and for years Cape
Verdeans have emigrated to improve their economic condition.
(Over 350,000 live abroad.) Cape Verde's development efforts
for its population of 320,000 have been further hindered by a
19-year drought which has severely affected employment
possibilities for the rural population and seriously diminished
water supplies. Nonetheless, there has been no starvation
since independence, which can be attributed to generous
foreign assistance, remittances from Cape Verdean emigrants,
and efficient management by the Government. Heavy summer
rains in 1987 may signal the end of the drought and hold the
promise of improvements in the agricultural sector. The
Government is the largest nonagr icultural employer. It
controls banking, the import of most basic commodities,
airlines, the press, and schools. Private property rights are
respected. There is a substantial and growing private sector
which includes shops, hotels, farms, fishing, small industries
(such as tuna canning), and the professions.
Human rights were generally respected in Cape Verde during
1987. However, there were unsubstantiated allegations of
certain human rights abuses, including the use of temporary
detention to suppress antigovernment views in a series of
articles in a Catholic monthly newspaper. The beating death
of a young man while in police detention was reported in
November. Responsible police officials were relieved of their
duties and detained to be tried.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reported instances of politically motivated
deaths .
46
CAPE VERDE
b. Disappearance
There were no reported instances of officially inspired
disappearances .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In November a young man was beaten to death while in detention
in a local jail on Brava Island. The government press made a
full report of the incident, and the policeman responsible,
along with his superior officer, was put under detention to be
tried according to the law. There was no other evidence of
torture or other cruel and unusual punishment of prisoners and
detainees, although unsubstantiated allegations of
"concentration-camp conditions" in prisons appeared in a local
monthly newspaper. Conditions in prisons are indeed poor and
detention facilities antiquated, except in Praia where a new
prison facility was recently completed. Cape Verde is the
only country in Africa where capital punishment has been
outlawed.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Some reports surfaced during 1987 of persons being detained
and tried for the expression of views critical of or different
from those of the Government. In all known cases, such persons
were charged with disturbing the peace or demonstrating without
permission. Jail sentences in these instances were waived or
very light.
Cape Verde law requires that an accused person, unless caught
in the act of committing a crime, be brought before a judge to
be charged within 48 hours of arrest. In exceptional cases,
with the concurrence of a court official, the formal charge
process may be delayed, but it still must take place within 5
days of arrest. For crimes against state security, however,
persons may be detained for up to 5 months without trial upon
a judge's ruling. There is a functioning system of bail, and
everyone is entitled to representation by an attorney in civil
or criminal cases. Those unable to afford legal counsel are
represented by lawyers named by the state-run Lawyers'
Association.
There were no known instances of forced exile for political or
other reasons. Forced labor is not practiced.
e. Denial of Fair Public Trial
There are no known political prisoners.
The judicial system is composed of a Supreme Court, whose
members are appointed by the Government, regional courts, and
local popular courts. Trials are conducted by one judge
without a jury. The autonomous Institute for Judiciary
Support, to which all private lawyers belong, provides counsel
for defendants in cases of need. Trials appear to be handled
expeditiously, and most evidence suggests that the courts
protect individual rights in criminal cases. Verdicts can be
appealed.
The popular tribunals adjudicate minor disputes on a local
level in rural areas. The "judges," who are appointees of the
Ministry of Justice, are usually prominent local citizens
47
CAPE VERDE
without legal training. Their decisions can be appealed
within the regular court system.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution recognizes citizens' rights to the
inviolability of domicile, correspondence, and other means of
communication. The law requires warrants issued by a judge
before searches of homes may be conducted. There were no
known cases of arbitrary interference with privacy, family,
home, or correspondence during 1987. The Constitution also
contains the provision that every citizen has the right and
the duty to participate in the political, economic, and
cultural life of the country. This provision theoretically
could be used to force a person's participation in activities
against his or her will. In practice, there is no evidence to
suggest that this provision has been so used.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution proclaims freedom of speech and intellectual
creativity, including the rights of authorship, but it also
stipulates that none of these rights and freedoms may be
exercised "contrary to national unity." While freedom of the
press is not a specific constitutional guarantee, a law
adopted in December 1985 assures citizens the right to express
their thoughts in the press, but at the same time the party
underlined that this right should be exercised responsibly.
The weekly newspaper, radio, and television are government
owned and follow government policies. Occasional articles
critical of some aspects of government policy are printed or
broadcast, but this is probably done with prior authorization
from the Government. Local radio broadcasts carry items from
Western agencies as well as from Communist countries, generally
balancing coverage and identifying sources on controversial
international issues.
The Catholic Church's monthly newspaper, which has carried
criticism of some aspects of life in Cape Verde, is tolerated
without interference as long as its articles are not viewed as
a threat to the Government. On occasion, the editor and
contributors have been called before tribunals to explain their
articles. There were no reprisals against the newspaper for
its series of articles on human rights abuses.
Foreign periodicals generally circulate freely in Cape Verde
even when they contain articles critical of or unflattering to
the Government, as is sometimes the case with Portuguese
newspapers. International radio broadcasts are received
clearly without interference. Almost all movies shown are
nonpolitical in content, and some are occasionally censored on
moral grounds.
b. Freedom of Peaceful Assembly and Association
The freedom to meet, to associate freely, and to demonstrate
is provided for in the Constitution. As a practical matter,
however, no organizations opposed to the Government or its
policies are permitted. Private associations other than
sports clubs or religious youth groups do not exist. The
establishment of such associations would be subject to
48
CAPE VERDE
government authorization. Party-sponsored "mass organizations"
of women and youth are prominent.
Demonstrations occurred in 1987, supported in part by the
Catholic Church, protesting such things as new abortion
legislation and educational reforms. Several small rallies by
students and unemployed youth in Cape Verde's second largest
city also occurred. Some participants in these demonstrations
were arrested and charged with disturbing the peace and
demonstrating without permission. They were subsequently
released or given light jail sentences.
Workers in several sectors are organized into unions within
the National Union Confederation (NUC) . The Confederation is
affiliated with the PAICV and headed by a high-ranking party
member. About one-third of the active work force are nominal
members. Individual unions perform some traditional trade
union functions and act also as party affiliates. There is no
reference to strikes or the right to strike in the Constitution
or in any legislation. In the absence of any legal prohibition
against strikes, the NUC believes that the right to strike
exists, but it has never been exercised. Union leadership has
taken positions on specific issues in opposition to government
policies in state enterprises. The NUC participates in the
International Labor Organization and is affiliated with the
Organization of African Trade Union Unity, but has not taken
positions independent of those officially sanctioned by the
Government. It maintains contact with and receives assistance
from both Communist and non-Communist national unions abroad.
c. Freedom of Religion
The Constitution requires separation of church and state.
Freedom of worship is respected by the Government, and members
of all faiths practice their religion without harassment. At
least two-thirds of the population, probably including most of
the government leadership, are nominally Catholic, but the
dominance of Catholicism does not appear to affect adversely
other faiths. Evangelical Protestants and Seventh-Day
Adventists are the two other principal religious communities.
At least two faiths, the Baha'i and "Christian Rationalism,"
which were formally banned or suppressed under the Portuguese,
have been permitted to reestablish themselves and operate
freely since independence. There are no restrictions on
religious practices, teaching, or contacts with coreligionists
outside Cape Verde. The Catholic Church, for example, openly
opposes birth control methods which are advocated and
supported by the Government. A few foreign missionaries are
active in Cape Verde, and more than half the Catholic clergy
are non-Cape Verdeans.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no extraordinary legal or administrative restrictions
on either travel or residence within the country. All resident
Cape Verdeans wishing to leave the country, either temporarily
or permanently, must obtain exit permission from the
Government. Such permission has not been denied for political
reasons. Emigration has long been an important and recognized
escape valve from prevailing harsh economic conditions. The
Government goes to considerable effort to maintain close
contact with emigre communities and provides every opportunity
for Cape Verdeans living abroad to maintain their ties with
49
CAPE VERDE
the homeland, including making provision to vote in elections.
Repatriation is a constitutional right, and the Government
does not discourage intending repatriates.
The law allows for revocation of citizenship on several
grounds, including activities contrary to the interest of the
country. However, there are no known cases of the Government
instituting proceedings to deprive persons of citizenship for
political reasons.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The party's monopoly of power in Cape Verde is inscribed in
the Constitution. Opposition parties are illegal and do not
exist. Therefore, citizens are unable to change the one-party
political system through democratic means. The small group of
men who actually led the struggle for independence occupy
positions of leadership in both the party and the Government.
The Secretary General of the party is President of the
Republic, the Deputy Secretary General is Prime Minister, and
the third-ranking party official is President of the National
Assembly. Five other members of the party's Political
Commission are also Ministers. Not all ministers or
secretaries of state are party members, but all clearly serve
at the pleasure of the party.
Current party membership is about 6,000, which is about
4 percent of the total adult population and represents a
doubling in size since independence in 1975. Within this
elitist party, there exists a modest scope for meaningful
political activity. The delegates to the Second Party
Congress in 1983, and the leadership itself, were elected by
secret ballot with some unexpected changes in the order of
precedence for various ministers. The party leadership also
made an obvious effort to give women and persons with less
solid revolutionary credentials more prominent roles.
However, women, who comprise 14 percent of the total party
membership, remain underrepresented. The party membership is
young (47 percent under 30 years of age), disproportionately
urban (50 percent in a nation which is two-thirds rural), and
heavily representative of the bureaucracy (25 percent of party
members are civil servants or employees of state enterprises).
National Assembly elections were last held in December 1985.
A single slate of candidates, all of whom were either party
members or nominees with party approval, was presented to
voters. The final list of candidates was selected after three
stages of local consultations, during which as many as four
candidates--not necessarily party members--were discussed for
each seat. As a result of this winnowing process, several
prominent nonparty candidates won party approval and election
to the Assembly. Twice-yearly Assembly sessions serve to
ratify earlier party/government decisions, but issues are
debated openly with critical interventions reported in the
media, and voting on these issues is far from unanimous.
Motions introduced by the Government are not always adopted.
Deputies criticize government policies and decisions, but
policy decisions already made by the Council of Ministers are
not reversed.
50
CAPE VERDE
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government in the past has permitted visits by private
organizations to investigate conditions of persons convicted
for political or related offenses. There are no known
instances in which the Government has been the subject of
resolutions, investigations, or other human rights actions by
official international organizations. Allegations of human
rights abuses have been made by a few Cape Verdeans living
abroad and by a locally published Catholic newspaper, but no
violations have ever been proved. There are no known official
or nongovernmental human rights organizations in the country,
although the Lawyers' Association for the Provision of
Judicial Support performs some of the functions of such an
organization .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The country has made substantial strides in providing health
care, education, and other services to the population. Racial
discrimination is not a problem in Cape Verde, where the vast
majority of the population shares various proportions of
Portuguese and African ancestry. Sex discrimination exists,
although it is banned by the Constitution. Many traditional
male-oriented values of the Portuguese and African ancestors
of today's Cape Verdeans are still part of the country's
culture. The Code of the Family, enacted in October 1981,
prescribes the full equality of men and women in law, including
equal pay for equal work, but in practice women have been
customarily excluded from certain types of employment and are
often paid less than men. Both the Government and the party
are making efforts to bring women into various economic and
social activities where they have been traditionally absent.
The Government has included women in the labor-intensive
economic development projects financed by foreign grants. The
Organization of Cape Verdean Women was founded in 1980, with
party encouragement, to sensitize the Government and Cape
Verdeans in general to issues affecting women.
CONDITIONS OF LABOR
Minimum wages are established by the Government for both civil
servants and private enterprises. As of January 1, 1987, the
minimum wage for civil servants was approximately $84 per
month. Wages for unskilled workers are considerably lower,
and in rural areas the daily minimum for the least skilled
types of labor is about $1.62 per day. The minimum age for
employment is 14, and children under 16 are prohibited from
working at night, more than 7 hours per day, or in
establishments where toxic products are used. All enterprises
submit a yearly report to the Director General of Labor with
information on salary and ages of each employee. This
provides the Government with a vehicle for controlling
employment practices. There does not appear to be an overall
safety and health code, although some regulations exist in
this area. The normal workweek for adults is 44 hours over
5-1/2 days. A worker is entitled to at least 1 free day per
week. These regulations seem to be respected in practice.
51
CENTRAL AFRICAN REPUBLIC
General Andre Dieudonne Kolingba has headed the Government
since his accession to power in a bloodless coup on September
1, 1981. He holds all political power and is the final
arbiter on all government matters, but he has permitted some
increased popular participation in the political process,
particularly on local questions. In 1986 President Kolingba
announced plans for the creation of a single national
political party--the Central African Democratic Assembly
(RDC) . Later that year, he introduced a new Constitution
which was subsequently approved in a national referendum on
November 21, 1986. He was also elected to a 6-year term as
President in that vote. The new Constitution provides for a
bicameral Parliament which includes a National Assembly and an
Economic and Regional Council, representing the principal
economic and regional sectors of the country. General
elections were held on July 31, 1987 for the 52 seats in the
National Assembly. One-half of the delegates of the Economic
and Regional Council will be selected by the President, while
the other half will be elected by the members of the National
Assembly.
The Minister of Interior is in charge of the civilian police
force (gendarmerie). These police normally man barriers on
the major roads and keep records of the movement of vehicles.
The Presidency has its own security force, which has
collateral responsibility with the border police for airport
security. The Ministry of Defense also has a military police
force (gendarmarie national), in addition to the armed forces
which number about 3,800 soldiers.
The Central African Republic is a poor, landlocked, and
sparsely populated country. Most of its inhabitants derive
their livelihood from subsistence agriculture. Only about 1
percent of the population is university educated. The
essentially free enterprise, agrarian economy, one of the
world's least monetized, has suffered in the past from
inadequately coordinated and implemented government policies,
occasional drought, and a poorly trained work force.
Expatriates dominate the small manufacturing and commercial
sectors of the economy.
There was some improvement in the human rights situation in
1987. In particular, the 7-month trial of former emperor
Jean-Bedel Bokassa in a civilian court dominated the 1987
headlines. Bokassa, who received the death sentence, had four
defense lawyers--two Central African and two French--and was
given ample time for preparing his defense, calling and
cross-examining witnesses, and presenting his version of
events in open sessions. The trial was fully reported in the
local news media, including full television replays each
evening, and in the international press. This long trial set
a precedent in Africa in recording abuses of limitless power.
At the end of 1987, the Supreme Court was reviewing technical
aspects of the trial.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of killing or summary executions for
political motives by government forces. However, the
52
CENTRAL AFRICAN REPUBLIC
Government again faced sporadic challenges from dissidents in
the northwest corner of the country, although at a much
reduced level from previous years. In the action, the army
reportedly killed two rebels near Paoua in May, and guerrillas
killed a village mayor from the same region in late July.
Some reports allege that the two dissidents killed near Paoua
might have been attempting to negotiate a surrender. In the
northeast. Central African military forces ambushed a large
band of "poachers" in May, killing some and arresting others.
Also in this region a dissident group killed a gendarmerie
commander from Birao in a shoot-out in March.
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The penal code prohibits torture and provides for sanctions
against persons guilty of physical abuse. There are
infrequent reports of beatings in prisons, where conditions
are generally harsh and medical attention is sometimes
inadequate. However, family members, legal counsel, doctors,
and clergy generally have access to prisoners. It is not
uncommon for selected prisoners, including prominent political
detainees, to receive special privileges, including permission
to leave the prison periodically.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
In the past, the Government has frequently detained suspected
opponents without charge or trial. In 1986 according to
Amnesty International's 1987 report, "few arrests of
opposition political party supporters were reported in
comparison to previous years." This trend continued in 1987.
While some political detainees were still being held at the
end of 1987, it is difficult to say precisely how many.
Under local law, political detainees can be held without
charge for as long as 2 months, but at that point detainees
must either be formally charged or released. If they are
charged, local judicial procedures (which are modeled on
French procedures) allow for open-ended preventive detention
while the public prosecutor prepares the State's case against
the accused. In practice, some political detainees are held
much longer than 2 months without formal charges being brought
against them. In the case of common criminals, the law
requires that they be brought within 96 hours before a
magistrate who decides whether formal charges will be filed.
Approximately five well-known political opponents live in
exile. Several of them have been sentenced to death in
absentia for crimes against the State.
The Government has been cited by the International Labor
Organization (ILO) for being in violation of ILO Conventions
29 and 105 for allegedly imposing compulsory labor on prisoners
jailed for unauthorized political activities. However, the
ILO case dates back to the early 1980's, and there are no
reports since then of political prisoners being forced to
perform compulsory labor. There is a local penal practice
called "corvee," which administratively (and virtually
automatically) sentences men without proper identification
papers to 2 days' labor — usually clearing roadside weeds.
53
CENTRAL AFRICAN REPUBLIC
e. Denial of Fair Public Trial
In most cases involving common criminals, the Government
permits French-modeled legal procedures to be fairly and
openly applied and the laws to be properly executed. The new
Constitution continues the provisions of the constitutional
decree of September 21, 1985, which states that the judiciary
"is guaranteed independence (from) the legislative and
executive (power)." However, the President is the guarantor
of that independence, notably in his role as "President of the
Supreme Magistrative Council."
A Special Tribunal comprising civilian magistrates and
military advisers adjudicates political cases. The Special
Tribunal differs from ordinary courts in that there is no
appeal process although the possibility of presidential
clemency does exist. Trials must be specifically authorized
by the President. Political detainees have a right to legal
counsel at all stages in the formal procedures before the
Special Tribunal. Trials are open to the public, and the
proceedings are often reported in the local media. President
Kolingba has authorized the meeting of the Special Tribunal on
a fairly frequent basis.
On October 23, 1986, former emperor Jean-Bedel Bokassa
unexpectedly returned to the Central African Republic from his
exile in France. Bokassa, who was sentenced to death in
absentia in 1980 for crimes including murder, cannibalism, and
embezzlement, was immediately detained on his return.
Subsequently the 1980 verdict was annulled, and he was retried
in the Bangui Criminal Court. Of the 14 charges against him,
he was found guilty of 4--complicity in assassination, arrest
and imprisonment of children, arbitrary arrest and
sequestration, and diversion of public funds and goods--and
sentenced to death. At the end of 1987, the proceedings were
undergoing judicial review by the Supreme Court, which has the
right to overturn the verdict if technical flaws are found in
the trial. Lacking that, only presidential clemency remains
as a means of changing the sentence.
The number of political prisoners is unknown. Major Gregoire
Miango, a prominent political prisoner arrested in late 1983
and released on April 14, 1986, remains restricted to his home
town, where he currently resides with his family.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
With the significant exception of political and security
matters, the Government does not normally interfere in the
private lives of citizens. The law formally prohibits the
invasion of the home without a warrant, and this prohibition
is not generally abused in civil and minor criminal cases.
However, if a political crime is involved. Ordinance 81/035,
which instituted the Special Tribunal, authorizes searches at
any time and at any place. These searches have been conducted
without specific warrants. There is no forced membership in
the RDC--the only legal party. There is no interference with
the right to marry or have children as one chooses. Parents
are free to teach their children religious beliefs and
practices, with the exception of the Jehovah's Witnesses
(Section 2 . c) .
54
CENTRAL AFRICAN REPUBLIC
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The right to speak publicly about political developments or to
criticize the Government is circumscribed although most people
feel free to comment privately on political affairs. The
Government prohibits the distribution of tracts and literature
deemed to be subversive. A Central African journalist working
for the Government, Thomas Kwazo, was sentenced in August to
prison for an article he filed with a foreign press service,
without the approval of his supervisor in the Ministry of
Communication, about an alleged meeting between President
Kolingba and ex-emperor Bokassa.
Since July 1, 1986, there has been only one regularly
published newspaper, which, along with others that appear
sporadically, is carefully monitored by the Government. Radio
and television are also controlled by the Government.
b. Freedom of Peaceful Assembly and Association
Despite Constitutional guarantees of the right to assembly,
only assemblies of a nonpolitical nature can take place
without government approval. Government forces guickly
disband unlawful assemblies and in some instances participants
have been arrested. Groups that register with the Department
of the Interior can hold meetings. (Also see Section 3.)
In May 1981, former President David Dacko suspended the
General Union of Central African Workers, and no effective
labor movement has existed in the country since that time.
The Kolingba Government, which came to power in September of
that year, never rescinded this suspension. The Government
tacitly approves of an apolitical labor federation that exists
mostly on paper and has no collective bargaining authority.
The ILO has a case pending before it involving the Central
African Republic's alleged violations of the right to freedom
of association under ILO Convention 87. The Government has
yet to provide the substantive information reguested by the
ILO committee reviewing the case.
The right to strike exists in principle, although fear of
government reprisals has dampened the enthusiasm of potential
strikers. In response to a month-long student strike in
March-April 1986, the Government has banned boycotts of
classes and all demonstrations by school children and
university students, except for those authorized by the
Ministry of the Interior. Those violating this prohibition
face up to a 3-year prison term.
c. Freedom of Religion
With one notable exception, the Government does not generally
interfere with religious activities. Religious organizations
and missionary groups are provided religious freedom by
Central African custom. No single religion predominates, nor
does the Government appear to discriminate in favor of or
against specific religions.
There was a major departure from the Government's policy of
noninterference in religious activities when the Minister of
the Interior formally prohibited the activities of the
Jehovah's Witnesses in February 1986. This decree was aimed
primarily against the foreign missionary Jehovah's Witnesses
55
CENTRAL AFRICAN REPUBLIC
who had refused to participate in government-sponsored
activities or to encourage allegiance to the Government. As a
result, most foreign missionary Jehovah's Witnesses have left
the country, and the four who remain avoid proselytizing,
limiting their activities to administrative matters.
Native-born adherents to the sect continue to meet and worship
and have not experienced official interference for the past
year.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
People are generally free to move about within the country,
although there are road checkpoints and periodic civil
conflict in the north. The right of voluntary travel and
repatriation is recognized. Financial and educational
constraints rather than government controls act to restrict
most foreign travel and emigration. No case of revocation of
citizenship was reported in 1987.
The country remains relatively hospitable to foreigners; the
largest foreign population living either temporarily or
permanently in the country is from Chad. Approximately 10,000
Chadians live in Bangui, where they are generally engaged in
small commerce, and along the northern border area, where they
are engaged in farming and cattle herding. Due to the
increase in political stability in Chad during the past 2
years, most of the nearly 45,000 Chadian refugees living in
the Central African Republic in 1984 and 1985 were voluntarily
repatriated in 1985 and 1986. As of late 1987, the total
Chadian refugee population in the Central African Republic was
less than 3,000.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government.
However, since 1984, Kolingba has progressively reduced the
military presence in favor of a civilian government, presently
composed of 18 ministers, 5 secretaries of state, and 5 high
commissioners. Although in practice he allows his Cabinet
considerable leeway in the day-to-day activities of government
administration, he makes all important policy decisions.
The 1986 Constitution calls for a Parliament consisting of a
National Assembly and an Economic and Regional Council. For
the first time since he took power in 1981, Kolingba in 1987
allowed public and private assembly for political purposes
when 142 candidates for the newly created National Assembly
were given 2 weeks to campaign for 52 seats--3 from each of
the 16 prefectures and 4 from Bangui. Although the candidates
were vetted by the Ministry of the Interior before they were
eilowed to run, they were not required to be RDC members, and
there is no indication any potential candidates were prevented
for political reasons from running. Election results were
announced on August 8, 1987 for all but two prefectures.
While the delay in the northeastern province of Vakaga was due
to transportation difficulties, voters returned to the polls
on August 30, 1987 in the Nana-Mambere region as the first
election was marred by irregularities. The results from these
two prefectures were announced subsequently.
-779 0-88-3
56
CENTRAL AFRICAN REPUBLIC
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government does not welcome international or
nongovernmental investigation of alleged human rights abuses
but does not prohibit such investigations. Representatives of
Amnesty International and the International Committee of the
Red Cross visit Bangui periodically.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are more than 80 ethnic groups in the Central African
Republic, each with its own language. About 70 percent are
Baya-Mandjia and Banda. While President Kolingba appears to
desire an ethnic balance in his Cabinet, preference for high
government positions has occasionally been given to members of
his Yakoma ethnic group (approximately 10 percent of the
population) .
The Constitution mandates that all persons are equal before
the law without regard to race, ethnic origin, region, sex, or
religion. The law notwithstanding, women have traditionally
been accorded a lower status than men. For example, there is
less emphasis on the importance of education for women, which
is reflected in the low literacy level of the adult female
population (19 percent), as compared with the adult male
population (49 percent). The requirements of their work at
home and in the fields prevent many women from receiving any
formal education.
Although polygamy is common, the legal system and traditional
practice support the rights of the wives and all children of
such marriages. A national women's organization exists and is
supported by the Government. While there are no women
ministers, secretaries of state, or high commissioners in the
Kolingba Government, four women were candidates in the July
1987 legislative elections.
CONDITIONS OF LABOR
Employment of children under 14 years of age is forbidden by
law. While it is only loosely enforced, jobs are in such
demand that children in the labor force are generally limited
to working as helpers in family businesses, such as selling
food products or cigarettes.
Minimum wages have been established by the Government, and a
social security system exists. The minimum wage for a manual
laborer, for example, is about $40 per month, and about $140
per month for a stenotypist. However, much labor is performed
outside the wage and social security system, especially in the
large subsistence agricultural sector, and probably does not
meet the established minimum levels. The law sets maximum
working hours for government employees and most people in the
private sector at 40 hours per week. Domestic employees may
work up to 55 hours. There are also general laws of health
and safety standards in the work place, but they are neither
precisely defined nor actively enforced.
57
CHAD
The Chadian Government is led by President Hissein Habre, who
came to power in 1982 in the course of a protracted civil
war. Relying upon the armed forces as his power base, Mr.
Habre heads the Council of Ministers which, along with an
appointed National Consultative Council, comprises the
executive and legislative branches of the Government. The
multiethnic National Union for Independence and Revolution
(UNIR) was created in 1984 to broaden Habre' s political base,
and in 1987 it remained the only officially recognized
political party. At present, there is no constitution. Laws,
decrees, and ordinances are proposed, in accordance with the
Fundamental Act of 1982, by the President and the Council of
Ministers and discussed by the National Consultative Council
prior to promulgation.
In 1987 President Habre continued a policy of national
reconciliation under which exiled members of former opposition
groups have been encouraged to return to the country and those
who remained in Chad persuaded to return to legality. Many of
these former opponents, including some who were in armed
conflict with the Government as recently as 2 years ago, have
been brought into the civil service and army, several at the
ministerial level. However, a number of exiles who returned
to Chad in 1986 and 1987 were arrested or disappeared.
In October 1986, the bulk of the GUNT (Transitional Government
of National Unity) forces, which previously had been loyal to
GUNT leader Goukouni Oueddei, rallied to President Habre' s
banner, following Goukouni ' s break with Libya's Mu'ammar
Qadhafi, and were integrated into the national army. In a
series of battles beginning in early January 1987, the Chadian
army defeated its Libyan and few remaining dissident enemies.
By September the army had liberated over 90 percent of the
northern Chadian territory formerly under Libyan military
occupation. At the end of 1987, Libyan forces remained only
in the so-called Aozou Strip, and an OAU-sponsored cease-fire
had been in effect for over 3 months. The OAU Ad Hoc
Committee on The Border Dispute Between Libya and Chad
continued to seek a peaceful resolution of the conflict, but
prospects for success were not high.
Chad is desperately poor, and its estimated population of 4.5
million has one of the lowest per capita annual incomes ($178)
in the world. Cotton is the major source of Chad's export
earnings and in the past has produced most of the Government's
revenues. Approximately 40 percent of Chadians who work for
wages are employed in the cotton sector. Since 1985 world
cotton prices have been disastrously low, and in 1987 price
support costs for cotton far exceeded income from export
sales. The Government relies heavily on foreign aid,
especially from France, to finance current government
operations and to fund development projects.
Chad's 22-year-long civil war and now its war against Libya
produced conditions in which human rights often have been
violated by the forces in conflict. Chad remains on a war
footing, and tight governmental controls restrict basic
freedoms, e.g., press and assembly. However, with almost all
of inhabited Chad now free of Libyan forces, violence has
subsided; violation of human rights due to war largely ended
in 1987. The occasional excesses of uncontrolled, marauding
soldiers are now the exception rather than the rule.
58
CHAD
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Precise information on possible extrajudicial executions by
government and Libyan/dissident forces was not available.
There were no verified instances of government-instigated
political killings in 1987.
Seven political killings that reportedly occurred in 1985
first came to light in 1987. According to Amnesty
International, the victims included two members of armed
opposition groups, two persons with ties to an opposition
group called the Democratic Revolutionary Council, and three
former supporters of opposition groups who had voluntarily
returned to Chad. Most were allegedly arrested by members of
the Chadian Security Service (DDS) or the Presidential
Security Service (SP), and were summarily executed.
b. Disappearance
There were no reported disappearances during 1987. In its
1987 Report (covering 1986), Amnesty International, however,
expressed concern that the Government had failed in 1986 to
account for a number of people who "disappeared" after being
detained in previous years, and who were reported mostly to
have been executed extrajudicially by government security
forces. One case, that of Felix Ekeh, a Nigerian citizen,
became the subject of Chadian-Nigerian discussions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no confirmed reports of torture of prisoners in
Chad during 1987, although Amnesty International reported the
probable torture and death of Abdoulaye Awidjeli Bichara in
1986. According to eyewitness testimony, Bichara was left
unattended in the courtyard of DDS headquarters in serious
physical condition, apparently as the result of torture, and
died. Chadian authorities have not confirmed his death.
There were also allegations in 1987 that the Presidential
guards used beatings, detentions, and other forms of
intimidation as a means of maintaining security in parts of
Guera prefecture; an armed Hadjerai insurrection movement
there has ambushed and killed numbers of these Presidential
guards .
Prison conditions in Chad are generally poor. Most Chadian
prison personnel have had no professional training, and abuses
in handling prisoners are not uncommon.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Individuals who express views critical of or different from
those of the Government are often regarded as endangering the
security of the State and may be subject to indefinite
detention without trial. The total number of detainees, as
distinct from prisoners of war, is not known. However, a
number of people, primarily members of a clan of the Hadjerai
tribe, were arrested on security grounds in 1987 and remained
in detention without charge or prospects of trial. The
Government frequently holds such detainees incommunicado.
59
CHAD
Saleh Gaba, a Chadian journalist and part-time reporter for
the Associated Press and a local Roman Catholic radio station,
was arrested in mid-July. After calls for his release by
Amnesty International, the Government announced in late August
that Gaba had been accused of killing two peasants. In
December President Habre told reporters that Gaba had been
captured with arms in his possession and that he would be
tried for illegal possession of arms. At the end of the year
Gaba was still being held incommunicado in an undisclosed
location, and no trial date had been set.
Despite President Habre's national reconciliation efforts.
Amnesty International reported in September 1987 that it
continued to receive reports of the detention by government
security forces of former Chadian exiles upon their return to
Chad. Three who were arrested in 1986, Hadja Merami, her
daughter Azzina, and Mahamat Abdelbaqui, were believed to be
still detained without charge at the end of 1987. Amnesty
International also received reports of the detention without
charge of relatives of government opponents. Two of them,
Moussa Konate and Abdellatif Tidjani, may still have been in
detention at the end of 1987. Habre's principal rival,
ex-President Goukouni Oueddei, remained in exile in 1987,
demanding a restructuring of the Chadian army and of the sole
legal political party, UNIR.
The International Labor Organization (ILO) has been critical
of Chad in the past for the use of forced labor. The
Government is continuing discussions with the ILO on revising
outdated labor laws which do not meet ILO norms, including the
ILO's conventions on forced labor.
e. Denial of Fair Public Trial
The regular Chadian judicial system (the Supreme Court and
several lower courts) and criminal code have evolved from the
body of law (Napoleonic Code) inherited from the former
colonial power, France. In theory, this law incorporates
safeguards against arbitrary arrests and provides for
specified detainee rights, including the right to counsel and
the right to be promptly informed of charges. In practice,
armed conflict over more than 21 years has severely disrupted
the legal system, but the Government has made efforts to
reestablish civilian law enforcement in liberated areas,
especially the operation of the regular courts.
Whether accused of crimes or security offenses, most Chadians
do not get speedy trials. Many are held for extended periods
and then released without having come to trial, in part
because of the rudimentary nature of the Chadian judicial
system. There are only a few trained lawyers, judges, and
other court personnel. Most of Chad's tribunals do not even
have law books. The few trained judicial officials complain
of a heavy backlog of cases.
There is also a traditional system of law presided over by
sultans and chiefs. This traditional system is generally
effective and fair in resolving property and other civil
disputes and in dealing with cases involving petty local
crime. In theory, decisions in customary courts may be
appealed to the regular courts.
60
CHAD
f. Arbitary Interference with Privacy, Family, Home, or
Correspondence
Under Chadian law, homes may be searched only during the day
and under authority of a warrant. In practice, however, there
are many instances where this law has not been respected.
Correspondence carried by people traveling overland in Chad is
often checked by authorities at various points, but
correspondence sent through the Chadian postal system is less
likely to be subject to such controls.
g. Violations of Humanitarian Law in Armed Conflicts
Over the years, there have been numerous reports of human
rights abuses by all sides in the conflict, including reports
of summary executions of prisoners and suspected opponents,
kidnapings, and burning of villages and crops. The extent of
Libyan human rights violations is unkown but is reported to be
extensive. The Chadian Government has made repeated charges
of Libyan human rights abuses, including poisoning wells and
mistreating Chadian prisoners of war (POW's). In a public
statement November 6, the International Committee of the Red
Cross (ICRC) cited Libya for violating the 3rd Geneva
Convention concerning treatment of prisoners of war. Earlier
in 1987, the ICRC had cited Chad for showing Libyan POW's in
public in violation of Article 13 of the Geneva Convention.
There were reports that at least one Libyan soldier was
executed by the Libyans after Chadian forces overran Libyan
positions in northern Chad.
Chad currently holds several hundred former members of armed
factions opposed to the Government, as well as a large number
of Libyan POW's. The Government considers them to be POW's
rather than "political detainees." The Government permits
representatives of the ICRC to visit regularly about 600 POW's
captured before early 1986 who are mostly Chadian, but it
steadfastly refuses to permit ICRC access to POW's who have
been captured since 1986. Estimates of the number of recent
captives range from 600 to 2,000. The Chadian Government
states it will permit ICRC visits to Libyan POW's if Libya
reciprocates. So far, Libya has refused ICRC access to any
Chadian POW's held in Libya.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Under Chadian law, freedom of speech is assured, but in
practice public or private statements that the authorities
consider seditious may lead to arrest. There is no prior
restraint on the publication or broadcast of information in
Chad, but the few Chadian journalists, most of whom work for
the government-controlled media, are careful not to criticize
the Government or its policies. However, criticism of
individual ministries or agencies of government and officials
does appear from time to time. The government press also has
criticized severely the continued existence of political
groups loyal to leaders who rallied to the Government in 1986
and 1987.
The Government's treatment of foreign correspondents has been
uneven. At times the foreign press was given free access to
officials and, despite the conflict, correspondents were
allowed to file their stories with no prior censorship. At
other times, foreign correspondents were denied visas for
61
CHAD
entry into Chad or expelled from the country for no apparent
reason and, on a few occasions, have had to submit their
stories for government approval.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association is restricted. Chadians
may assemble peacefully only as long as the purpose of the
meeting is not opposed to government policies. Membership in
UNIR is voluntary. Although President Habre is intent on
having a single mass political movement to which all Chadians
will belong, he refrained in 1987 from forcing the dissolution
of a number of former opposition political groupings, such as
those associated with southern factions.
Chad's labor laws provide for freedom of association for
workers, for confederation of unions, and for the right of
labor to bargain collectively. The right to strike exists
only after arbitration at three levels in two ministries
(labor and justice) fails. There are two labor union
confederations in Chad, both of which are only marginally
effective and are in large part constrained by the Government.
c. Freedom of Religion
Chad is officially a secular state. Islam, Christianity, and
other religions are practiced freely. Both Islamic and
Christian holidays are given official status. More than 50
percent of Chad's population is Muslim, and Chad is a member
of the Organization of Islamic Conferences. Christian
missionaries may, nevertheless, enter the country,
proselytize, and provide assistance to local populations.
They are particularly active in the South. Strictly religious
publications are allowed to circulate freely. The Government
neither favors nor disfavors members of particular religions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Chadians enjoy complete freedom to move around the country
except within military zones or areas of recent or potential
combat. These restrictions generally pertain only to the
northern one-third of the country and are not enforced for the
sparse population of that large desert region. In the North,
the retreating Libyans left thousands of landmines under the
sand, which have claimed some civilian victims. International
travel is permitted, but regular passports are expensive
(about $60), and travelers must be cleared by Chad's internal
security services, a process which normally takes less than 1
week. Chadians are free to emigrate.
In previous years, many Chadians fled to neighboring countries
because of drought and civil strife. As conditions improved
in 1986, thousands of these displaced Chadians returned from
the Central African Republic, Sudan, Cameroon, Niger, and
Nigeria. Despite Chad's limited material means, these
repatriates, as well as those Chadians who fled the occupied
northern zone, have generally been well received.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The present political system does not provide for democratic
change of government. Chad has been in a state of civil
strife since 1965, with various factions and as many as
62
CHAD
11 factional armies contending at times for control of the
country. Since June 1982, Chad has been governed by President
Habre, who heads a French-style Council of Ministers
complemented by an appointed National Consultative Council
(protolegislature) . Both councils are carefully balanced to
promote ethnic and regional harmony. The source of President
Habre' s authority is the allegiance he commands from the armed
forces, the security services, and the country's only
authorized political movement, the National Union for
Independence and Revolution (UNIR) . UNIR's bylaws mandate the
popular election of lower-level officials, but no elections
have been scheduled. In some areas, traditional leaders
(e.g., cantonal or village chiefs) are popularly elected or
chosen by the subordinate members of the traditional hierarchy
(village chiefs or family heads, for example).
Habre's success on the battlefield has been concomitant with
efforts at national reconciliation on the political front.
The "Libreville accords," signed in late 1985 in Gabon by the
Government and the rallying opposition parties, provide for
the drafting of a new constitution by the National
Consultative Council, to be voted on by referendum within 4
years. The new constitution is to provide a time frame for
free elections.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has carried on a "dialog" with Amnesty
International and permitted Amnesty to send a mission to Chad
in 1985 to discuss human rights, including the status and
conditions of prisoners of war, which the Government maintains
are held in recognized detention centers. However, it did not
respond to several Amnesty International requests for
information, including a request in 1986 for details on
alleged human rights abuses committed by Libyan troops in
northern Chad.
Chad has no internal human rights organizations, either
official or nongovernmental. Chad ratified the African
Charter on Human and Peoples' Rights in July 1986.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are some 200 ethnic groups in Chad. The population can
be divided roughly between Saharan and Arab Muslims in the
northern and eastern regions, and Bantu-speaking peoples in
the south. The latter group includes both those who have
retained traditional animistic practices and those who have
adopted Christianity. Over 22 years of conflict have
transformed the complexity of ethnic divisions beyond simple
north-south formulations. In an effort to build a national
government. President Habre has expanded ethnic and geographic
representation by appointing ministers, deputy ministers, and
administrators from all parts of the country.
Officially, Chadian women enjoy full political equality. In
practice, neither Chadian traditional law nor the inherited
French code fully protects women's rights. Women contribute
the bulk of labor in virtually all aspects of farming. They
also engage in commerce ranging from simple market stalls to
the ownership of some larger businesses. The titular members
of agricultural cooperatives still tend to be men. Women
63
CHAD
serve voluntarily in the armed forces, although they are
excluded from officer training programs. In 1984 a Ministry
of Social and Women's Affairs was created and has since been
headed by a woman. Only 1 of the 15 members of the Executive
Bureau of UNIR's Central Committee is a woman. UNIR has a
fairly active women's organization. Many women, especially
war widows and their children, have inadequate means of
support .
CONDITIONS OF LABOR
The minimum age for employment is 14. Many exceptions abound,
however, as Chad is predominantly a labor-intensive agrarian
society, with 95 percent of the population engaged in
subsistence agriculture. The statutory minimum wage for wage
labor is approximately $25 per month. Given the Government's
budgetary shortfall, civil servants below the executive level
receive only 60 percent of their salaries on the scale
established in 1977. Nonagricultural work is limited to 48
hours per week with overtime to be paid for any excess.
Agricultural work is supposedly limited to 2,400 hours per
year. All workers must have at least 24 consecutive hours of
rest each week, usually on Sunday. Occupational health and
safety standards are established by law and ministerial decree
but, as with most social legislation, enforcement is weak.
64
COMOROS
The Federal Islamic Republic of the Comoros is an archipelago
comprising four islands in the Mozambique Channel. Comoros
unilaterally declared its independence from France in 1975.
The first President, Ahmed Abdallah Abderemane, was overthrown
almost immediately but regained power in 1978 when mercenaries
ousted the increasingly repressive and xenophobic regime of
Ali Soilih. Running unopposed, Abdallah was reelected in
1984. In recent years, constitutional amendments have
strengthened the President's position, notably in the
appointment of governors and in the establishment of a single
legal political instrument, the United Progress Party (UPP) .
Traditional social and economic institutions still influence
the country's political development. Village notables and
religious leaders dominate local politics.
A mercenary force of about 50 expatriates continues to train
and lead the Presidential Guard, the best equipped security
force in the islands. French technical assistance is provided
to the small Comorian armed forces and the Gendarmerie. Each
island also has a small local police force. There was an
unsuccessful coup in March 1985 by two dozen Comorian
soldiers, who allegedly planned to kill the mercenaries and
members of the Government.
Agriculture dominates economic activity, but with a population
of 450,000 likely to double by the year 2000, Comoros is
rapidly approaching full utilization of arable land. Revenues
from the export of vanilla, essence of ylang-ylang, cloves,
and copra cover only a portion of necessary imports. There
are no industries, port facilities are inadequate, and the
highway and communications infrastructure is limited. Three
major families, of which the President's is one, control a
large share of the import-export business. Comoros is part of
the French franc monetary zone. Government expenses far
exceed revenues, and the country depends heavily on France for
budgetary support and technical assistance.
The human rights situation changed little in 1987. The
Abdallah Government remained firmly in control and increased
its hold on the National Assembly, with the UPP winning 41 of
42 seats (1 is still to be contested) in March elections.
Observers of those March elections reported that progovernment
candidates benefited from large-scale manipulation of votes,
particularly on Grand Comore island. On November 30, there
was an attempted coup by a group of dissidents, including
former members of the Presidential Guard and several persons
connected with the 1985 coup attempt. At least three
Comorians were killed. About 50 persons were arrested by the
Presidential Guard. There was no evidence in 1987 of Islamic
fundamentalist opposition, which allegedly flared briefly in
1986 in the form of student unrest.
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killing in 1987.
b. Disappearance
There were no reports of disappearance in 1987.
65
COMOROS
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Reports that mercenaries tortured some alleged coup
conspirators were investigated by several human rights groups
in 1985 and in 1986. According to its 1987 Report, Amnesty-
International (AT) sent a mission to Comoros in August 1986
and, inter alia, raised with the Government the authorities'
failure to investigate reports of ill-treatment of coup
detainees. The mission also criticized the use of
incommunicado detention and solitary confinement, citing in
particular the case of Moustoifa Said Cheikh, the leader of
the outlawed Comorian Democratic Front (FDC) who was sentenced
to life imprisonment in 1985. There were reports of torture
of at least three victims of the November 1987 coup.
For most prisoners, penal discipline is lax. Prisoners are
usually released daily for prayers and work, and families
provide their meals. Conditions, although still Spartan,
improved as the prison population declined.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Current legal procedures and practices permit the Government
to arrest and detain persons almost without restriction,
especially in security cases. There are periodic reports that
suspected dissidents are detained, roughed up, and subsequently
released. The Government used house arrests during the 1987
elections, ordering at least 200 opposition activists under
house arrest before polling began on March 22.
About 20 officials of the Ali Soilih regime, held without
trial from 1978 to 1980, were released prior to 1985. The
March 1985 attempt to murder the mercenaries and certain
senior members of the Abdallah regime led to the interrogation
of hundreds of suspects, the arrest of about 200 persons, and
the extended detention incommunicado of about 80, many of them
members or sympathizers of the FDC. The Government arrested
an additional 30 soldiers at the end of 1985, allegedly for
planning a second coup. Most of those detained or tried in
1985 and 1986 were released in 1986 and 1987, but some
additional arrests connected to the investigation of the coup
attempt reportedly occurred in 1987. Members of the
Presidential Guard reportedly participated in the arrests of
about 50 persons suspected of involvement in the November 1987
coup attempt.
There is no indication of forced or compulsory labor.
e. Denial of Fair Public Trial
The Constitution provides for the equality of all citizens
before the law and the right of all accused to defense counsel.
The Comorian legal system applies Islamic law and an inherited
French legal code. French and Comorian experts are drafting a
new consolidated legal code. Most disputes are settled by
village elders or by a civil court of first instance. In
regular civil and criminal cases, the judiciary is independent
and trials are public.
However, the President has appointive and other judicial
powers. In this connection, Abdallah ordered the
establishment of a special court of appointed members to try
the alleged coup conspirators, based on a 1960 decree as
amended in October 1985. The November 1985 and July 1986
66
COMOROS
trials commanded considerable attention, including that of
international human rights organizations which protested the
lengthy procedural delays and the brevity of the trials. In
its 1987 Report, AI stated that the two trials failed to
satisfy internationally recognized standards of fair trial and
noted that some defendants were convicted on the basis of
statements made under duress while in incommunicado detention.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of home and
property. There were no known cases of arbitrary interference
with privacy in 1987.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression, of
thought, and of conscience, but Comorians discuss and
criticize the Government and its leading personalities only in
private.
The local news media consist solely of the government-
controlled radio station and the bimonthly newspaper, which
are careful not to criticize the Government when covering
domestic events. However, the Paris-based Indian Ocean
Newsletter, which is often critical of the Comoros, and the
Comorian Letter, which is published by members of the Comorian
opposition in Paris, generally arrive unhindered through the
international mail. Other foreign journals and newspapers are
available, as are books from abroad.
b. Freedom of Peaceful Assembly and Association
The Constitution states that freedom of association is
guaranteed. In practice, this right is partially
circumscribed since the only legal political activity must
take place within the framework of the United Progress Party.
On July 1, 1987, a number of Comorians opposed to the idea of
a possible third 6-year term for President Ahmed Abdallah
staged a short, peaceful demonstration and dispersed on their
own without any violence.
Social occasions, such as the traditional lavish, extended
weddings and funerals of prominent Comorians, are used as
opportunities to discuss political topics.
The Constitution also makes provision for the freedom of
workers to form unions and to strike. However, farming on
small landholdings , subsistence fishing, and petty commerce
make up the daily activity of most of the population. Hence
the wage labor force is very small, and unions are not
effectively organized. Collective bargaining does not take
place. The increasing scarcity of jobs is also a real
restraint on labor complaints, organizational activities, and
formal strikes. The Government's inability to pay wages and
salaries on schedule sometimes results in work slowdowns,
absenteeism, and informal, peaceful protests.
c. Freedom of Religion
An overwhelming majority of the population is Muslim. The
Constitution holds Islam to be the "wellspring of the
67
COMOROS
principles and rules which guide the State and its
institutions." However, the State upholds non-Muslims' right
to practice their faith. There are churches for the small
Protestant and Catholic populations. Christian missionaries
work in local hospitals and schools, but they are not allowed
to proselytize.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Movement within the Comoros and travel abroad for citizens and
foreigners is not restricted. Members of the Comorian
community abroad, concentrated in France, oppose the
Government, but in 1987 there was no evidence that those
returning to the Comoros were subjected to government
reprisals .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of citizens to change their Government does not
exist. The restoration of President Abdallah in 1978
introduced an era of strong authoritarian leadership.
Abdallah remained in 1987 the single most important factor in
Comorian politics. He commands the personal loyalty of the
Presidential Guard, and his position is buttressed both by
tradition and by his own personal wealth.
Elections for the 42-seat National Assembly on March 22, 1987,
were marked by widespread fraud. On Anjouan, the President's
home island, and Moheli, Abdallah declared ineligible all the
opposition candidates. On election day, the Government ordered
at least 200 opposition activists under house arrest before
polling began. Opposition candidates charge that Presidential
Guard members intimidated voters in one district on Grande
Comore. There were reliable reports that the Government
rewrote ballots in order to change the outcome in instances
when opposition candidates received a majority of the votes,
and to enhance the victories of government candidates.
Comoros has claimed sovereignty over the island of Mayotte,
which is under French control. The French have postponed
indefinitely a new referendum on the status of Mayotte. In
1977, 96 percent of the voters in Mayotte opted in favor of
remaining with France. The Comorian Government has alleged
electoral coercion in the 1977 vote and has pressed France to
acknowledge Comorian sovereignty without a plebiscite.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has been critical of some aspects of AI ' s work,
but has cooperated with the organization as recently as 1986,
when AI delegates met with a wide range of judicial and
military officials, including the Minister of Justice. They
were not, however, permitted to speak with the four "prisoners
of conscience" AI had adopted and were not given access to the
records of the November 1985 and July 1986 trials.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The constitutional deference to Islam formalizes the deeply
held commitment of most Comorians to an Islam.ic world view.
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COMOROS
The society respects authority based on inheritance, age,
wealth, and religious leadership.
The Constitution formally provides for the equality of
citizens regardless of race, sex, or religion. Women have the
right to vote and to participate, in theory, in the political
process as candidates. Women are neither veiled nor limited,
in terms of employment, to minor civil service posts. Change
in the status of women is most evident in the major towns.
Nevertheless, within Comorian society, men have a dominant
role. At traditional ceremonies and social gatherings, the
sexes are separated. The opinions of husbands and fathers
exercise a formidable influence over women's voting habits.
In politics, tradition has also been a powerful force in
discouraging women from direct participation.
CONDITIONS OF LABOR
Most of Comoros' inhabitants make their living from
subsistence agriculture and fishing. There is no
industrialization or factory activity. Jobs in the small
modern economy are scarce, and accordingly wages are low.
There is no minimum wage, age of employment, or code
specifying formal standards of occupational safety and
health. However, the hours of work in any category rarely
exceed 35 hours per week, and child labor is not an issue due
to the lack of employment opportunities for adolescent and
young adults. Young children do work in family units in the
large subsistence section.
69
CONGO
The People's Republic of the Congo is officially a
Marxist-Leninist state governed by an elite group of party,
cabinet, and military officials through the single legal
party, the Congolese Labor Party (PCT) . In addition to
serving as President of the Republic and Head of Government,
Denis Sassou-Nguesso is also head of the party. The President
nominates the 10-member Political Bureau, the key policymaking
group, which is approved by the 75-member Central Committee.
Within the Central Committee, members from the northern regions
of the country are in the majority and hold the balance of
power even though they represent a minority of the population.
The military and security services are also firmly under the
control of the northerners, and they ultimately are the
arbiters of power in the Congo. The need to maintain consensus
among the political leaders representing traditionally
conflicting areas provides a check on arbitrary policies.
The security apparatus, which is under the direction of the
presidency, is headed by the State Security Organization
(DSGE) and is patterned after those in Eastern Europe. Its
principal objective is to protect the State against possible
dissident activity. There are also party core groups in all
ministries, labor organizations, mass organizations, and urban
districts which monitor the activities of coworkers and
neighbors. In addition to the DGSE, there are the regular
police forces whose discipline is generally improving with
continuing Eastern European and Cuban training.
The Congolese economy is highly dependent on oil, which in
past years has accounted for over 90 percent of exports. In
1982 the Congo began to implement an ambitious 5-year
investment plan, concentrated heavily on inf rastructural
development, but by 1985 sharp reductions in oil revenues
forced the Government to cut its budget in half and in 1986 to
accept an International Monetary Fund (IMF) adjustment program.
In 1987 the World Bank approved two loans totaling $85.2
million for a structural adjustment program and a short-term
advisory program to study reforms in public enterprises.
The human rights situation in the Congo changed little in
1987. While not politically free, most Congolese live their
daily lives with a minimum of government and police
interference. In July there was a reported coup attempt
against the Government. Subsequently, the Government arrested
six persons, including four members of the military forces,
and was continuing its special investigation. In August a
former army captain, who reportedly was a participant in the
July attempt, and a few supporters with alleged ties to former
President Yhombi, engaged government forces in battle in the
northern town of Owando, at the reported cost of five dead and
several injured. The captain remained at large at the end of
1987, but the Government had detained Yhombi and moved him
from Owando, his home town, to Brazzaville, claiming that
Yhombi had voluntarily "placed himself at the disposition of
the judicial system." Amnesty International (AI) had reports
that 11 military officers had been arrested following the July
incident and that one, Lt . Col. Henri Eboundit, had been
tortured and was in ill-health. The Government denied that
Eboundit had been tortured or was in ill health.
70
CONGO
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reported cases of killing for political motives.
b. Disappearance
There were no reported cases of disappearance for political
motives .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The practice of beating suspects at police and at state
security centers in the course of interrogations is not
uncommon. Neither is it uncommon for the public or the police
to beat thieves who have been caught in the act of stealing.
Political prisoners are held incommunicado, and it is
reasonable to assume that torture is used to extract
information desired by the police that is not freely given.
However, several political prisoners held incommuncado in the
past have been freed and are now leading normal lives with no
apparent ill effects. Some have managed to regain their
earlier status and are serving as government ministers. AI,
in its 1987 Report and in 1987 statements, expressed concern
over reports of torture, including the case of Lt . Col.
Eboundit .
Prison conditions in general are poor, and there is a lack of
adeguate food, hygiene, and medical care. Both detainees and
prisoners may be visited by family or friends who bear the
responsibility for providing food and medicines.
d. Arbitary Arrest, Detention, Exile, or Forced Labor
While the Constitution provides protection against arbitrary
indictment, arrest, and detention, in practice a warrant is
not required to make arrests. There is a legal requirement
that a detainee be brought before an investigating judge within
3 days of arrest. The judge may then order detention for a
maximum period of 6 months, after which the detainee must be
charged or released. However, this law does not apply in
cases involving the security of the State, and some political
detainees have been held for lengthy periods without being
brought before a judge or charged. The trial of those accused
of having participated in the 1982 bombings in Brazzaville did
not take place until 1986, and some of the accused were held
incommunicado for several years.
Despite the Government's steps to increase the number of
magistrates and to improve procedures, the administrative
processing of regular cases is slow, and persons awaiting
trial are often detained for considerable periods. Detained
persons are entitled to an attorney. All lawyers are under
the general authority of the Government. In criminal cases,
defense lawyers are provided by the Government for those
without funds.
71
CONGO
Whether a detainee is formally charged usually depends upon
the seriousness of the crime and the economic situation of the
family. For lesser crimes, the person is usually taken to
jail, where he may be beaten and held for a few days, then
released on bail pending a trial which may or may not ever
take place. A person accused of a serious crime (e.g., murder,
rape) is held in prison until the trial, which may be months
or even years later.
At the end of 1987, the number of political detainees or
prisoners was unknown. The Government officially acknowledged
the arrest of four military men and two civilians for alleged
participation in the 1987 coup attempts. Col. Jean Michel
Ebaka and Lt . Col. Eboundit are the ranking military officers
under detention (house arrest, according to the Government).
Ex-President Yhombi was also being held under "protective
custody." Prior to his state visit to France in 1987,
President Sassou granted a pardon to a French national, Claude
Buisson, who had been sentenced to 7 years' hard labor in the
August 1986 bombing trial.
There is no known forced labor in the Congo.
e. Denial of Fair Public Trial
The legal system in not insulated from political interference.
The Constitution provides for a Supreme Court which is in
practice an arm of the executive rather than an independent
body. The amended Constitution also provides for
nonprofessional judges to be elected to all courts below the
Supreme Court. The stated purpose of this change was to
"popularize justice," i.e., provide a role for peers to
influence the formal judicial process.
According to the law, any Congolese citizen may now become a
judge but can adjudicate cases only in collaboration with
trained judges. Each nomination must be approved by the
party. By law, the right to a fair and public trial exists in
all cases, and the judicial process is relatively fair and
open for those accused of common crimes. Also, it is not
uncommon to have a higher court reverse lower court decisions
in nonpolitical cases.
Political cases are tried by a special court, the
Revolutionary Court of Justice. In its 1987 Report, AI
expressed its concern that the August 1986 trial of 10 persons,
who were convicted of causing bomb explosions in Brazzaville
in March and July 1982, had not met international standards of
fairness for several reasons, e.g., several judges were members
of the PCT Central Committee and had been involved in the case
at an earlier stage.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There is little interference by the Government with privacy,
family, home, or correspondence. Citizens are not forced to
participate in the party or its organs. In general, so long
as a person does not engage in any activity which involves or
implies opposition to the Government, he is not oppressed or
harassed.
72
CONGO
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press are restricted, despite guarantees
in the Constitution. The State owns and controls the media
except for one weekly religious newspaper. The Government
allows some criticism of its policies and programs judged not
to be politically sensitive, but it does not allow its ultimate
authority to be challenged publicly. Journalists may raise
issues and concerns only within general guidelines laid down
by the Government and the party. The Government and party are
selective in the kinds of news and information they permit
Congolese journalists to publish from various outside sources
of information. Television viewers have access to Zairian
media programs. A state censorship board reviews the content
of newspapers, movies, books, and records. Publications are
subject to censorship if they contain critical articles.
While the Government controls the local press, foreign
journalists are generally permitted to travel freely once an
entry visa and a special permit for travel to the interior are
obtained. These are usually granted.
b. Freedom of Peaceful Assembly and Association
The right of peaceful assembly is limited by the State's
perceived self-interest. Political meetings are permitted
only for the party and its organizations. Government
permission is not reguired for groups to assemble for
religious and social purposes but is required for use of
official facilities. Government authorization is also
required to establish professional clubs and organizations, of
which there are several.
The labor code adopted in March 1975 is quite liberal in
theory and provides for the right of association. However,
given its past active political role, the labor movement is
closely scrutinized and controlled by the Government and
party. In practice, the party controls the unions, largely
through the umbrella union, the Congolese Trade Union
Confederation (CTUC) , which is an appendage of the party. The
party approves the national leadership of the CTUC. No group
is allowed to form an independent, alternative union outside
the party, which led to a complaint to the International Labor
Organization (ILO) that the Congo was not observing the
Convention on Freedom of Association. The CTUC is represented
in every ministry and state-owned enterprise and serves on
mandatory boards which include a union representative along
with a member of the Government and the party. Known as the
"determinant trilogy," this structure is responsible for
ensuring that the three major points of view are represented
in the decisionmaking process and serves as the Congo's form
of collective bargaining. The CTUC unions are prohibited from
striking, although wildcat strikes do occur with relative
impunity. The local unions within the Confederation have been
able in some instances to persuade the Government to provide
workers with increased benefits. As long as political subjects
are avoided, there is also a certain degree of democratic
dialogue within the labor movement and with the Government.
The CTUC maintains relations with recognized international
organizations such as the ILO.
73
CONGO
c. Freedom of Religion
Freedom of religion is guaranteed by law. In practice, party
members are prohibited from practicing any religion. Religious
organizations, such as the Salvation Army, must obtain the
Government's permisson to work in the Congo. Jehovah's
Witnesses, for example, are not permitted in the Congo,
allegedly because Witnesses do not recognize the authority of
the State. With these exceptions, the party does not normally
interfere in religious affairs. The Catholic Church, the
largest religious coiununity, maintains a seminary for the
training of its clergy and has missions throughout the country.
Masses are held in the various local languages as well as in
French. The Catholic Church publishes the only independent
newspaper. La Semaine Africaine. Catholic and other
missionaries are active in running private missions and
clinics and provide other social services. While some of
these services are joint ventures between church and
government, many of the services formerly provided by churches
have been abolished. The Government is officially atheist.
Christmas Day is called Children's Day.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government exercises limited control over the internal
movement of its citizens through identification card checks.
There are control points outside all major towns manned by
soldiers who vigorously check identification documents.
Congolese citizens who wish to travel abroad require exit
authorization from the DSGE. For most citizens this is a
fairly routine process. However, those who are suspected of
traveling for political motives encounter obstacles in
obtaining such authorization. Government employees traveling
abroad must obtain permission from the appropriate government
office. Passports must be returned to the Office of State
Security after the traveler's return from abroad.
The Government exercises tight control over travel by
foreigners in the Congo. Most visas are for one entry only,
exit visas are required for nondiplomats , and those desiring
to travel into the interior must obtain permission from the
appropriate ministry. There are no known instances of
Congolese being refused the right to return to their country.
Citizenship may be lost under conditions established in the
nationality code. For example, citizenship may be lost by
taking citizenship in another country or for conviction for
espionage. There are no known cases of a native-born
Congolese being denied citizenship.
The Congo is the home of about 3,400 exiles and refugees,
mostly from surrounding central African states. While refugees
are subject to surveillance and occasional harassment by the
Congolese Government, there were no cases of forcible
repatriation in 1987. The Congo is a party to the U.N.
Convention and Protocol Relating to the Status of Refugees,
and a representative of the United Nations High Commissioner
for Refugees is resident in Brazzaville.
Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government
While the President is the most powerful single person in the
Government, his authority is limited by his need to maintain a
consensus in the Political Bureau of the party. The balance
74
CONGO
of power in the Political Bureau and in the larger Central
Committee is held by northerners to the detriment of the far
more numerous southerners. Military officers occupy key
positions among the ruling group and help ensure its
continuation in power.
The Congolese people do not have the right to change their
government through democratic processes. Opportunities for
political involvement by Congolese citizens are limited to the
Marxist-Leninist Congolese Labor Party, including its mass
organizations, and to participation in the national, regional,
and local assemblies. The Congolese Labor Party (PCT) is the
supreme organ of state. No other political parties are
permitted to operate. PCT membership, which numbers
approximately 8,700 out of a total population of almost 2
million, is highly controlled, and membership is awarded on
the basis of loyalty and political performance.
The powers of the National Assembly are limited. The
national, regional, and local assemblies are "elected" from
single-party approved lists, which present only one candidate.
The selection process can involve a certain amount of
negotiation, and incumbents have been turned out of office in
the process. Representatives of the National Assembly are
chosen from a broad spectrum of the population, including
traditional leaders, small farmers, and workers. The National
Assembly has some impact on social and economic issues, and
regional and local assemblies may discuss issues before the
decisions are made at the national level.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no human rights organizations in the Congo. The
Government permitted AI to send an observer to the 1986
bombing trial.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Under the Constitution there is no official discrimination
based on race, sex, religion, language, or social status. As
noted, northerners carry disproportionate influence in the
political and security organs. Women have the same legal
rights as men in the private, political, and social domains.
There is a large disparity, however, between salaries for men
and women, and women are relegated to a secondary role in the
modern sectors of society. In traditional society, women are
often the chief decisionmakers. Five women are members of the
party's 75-member Central Committee.
CONDITIONS OF LABOR
In previous years, revenues from oil production allowed the
Government to employ large numbers of Congolese for various
government organizations, including state corporations. Owing
to declining oil revenues and the need to comply with an
IMF/V>Jorld Bank structural adjustment program, the Goverment
has abandoned its program of guaranteed employment for all
university graduates. It is in the process of privatizing
some state enterprises and has frozen government hiring. Cash
flow difficulties sometimes cause delays in meeting the public
payroll .
75
CONGO
Working conditions for Congolese in the modern sector, which
employs about 50 percent of the population, are generally
good. These include a minimum working age of 16, a maximum
40-hour workweek, at least 1 day of rest per week, family
benefits, and medical aid. There is social security, and the
minimum hourly wage is $1.96 for urban employees. Domestic
workers must be paid at least $78 monthly. Outside government
employment, these minimums are often ignored. There is a code
of occupational safety and health, although it too is probably
not enforced. While many salaried Congolese have a generally
high standard of working conditions and social benefits, most
of the rural population is still engaged in subsistence
farming .
76
COTE D" IVOIRE
Cote d'lvoire, a former French colony which gained
independence through a peaceful transfer of power in 1960, is
a one-party state with a civilian government. Power is
concentrated in the Democratic Party of Cote d'lvoire (PDCI)
and its long-time leader. President Felix Houphouet-Boigny,
now 82 years old. Although the freedom to form other parties
is included in the Constitution, in practice no other party
has been allowed to participate in the political process. A
somewhat more open system has nonetheless evolved since
competitive elections were held in 1980 for PDCI, municipal,
and legislative positions. Membership in the party organs,
the number of municipalities with elected leadership, and
representation in the National Assembly have all steadily
expanded in the last 27 years to reflect the growth and
diversity of the Ivorian population. Basic policies are set
within the PDCI, and the unicameral National Assembly has
never publicly challenged a policy put forth by the party.
The Ministry of Internal Security includes the Surete National
and the Gendarmerie, the national police service, which is
structured along French lines. The Surete has an arm that is
responsible for intelligence gathering and counterespionage.
The Gendarmerie is responsible for territorial security,
especially in the rural areas.
Cote d'lvoire has enjoyed considerable economic development
since independence, and the country now has an annual per
capita income of $786 (1986). The Ivorian economy is market
oriented and open to foreign investment. During the 1980's,
however. Cote d'lvoire has been squeezed by a heavy debt
burden and falling prices for its exports, principally coffee,
cocoa, and tropical woods, on world markets. In 1987 the
country experienced a decline in its gross domestic product
(GDP) for the first time since independence. Prices for coffee
and cocoa decreased, and the Government was forced in May to
suspend payments on its foreign debt.
The human rights situation in Cote d'lvoire in 1987 remained
generally satisfactory. The President continued to advocate
"dialogue" in settling disputes, seeking to involve dissenters
in the operation of the one-party structure rather than to
isolate them.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of officially sanctioned political
ki 1 lings .
b. Disappearance
There were no reports of officially sanctioned abduction or
disappearance .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Ivorian penal code prohibits official violence without
"legitimate justification." The code does not, however,
specifically mention or prohibit torture nor does it define
77
COTE D' IVOIRE
what constitutes "legitimate justification" or the level of
violence officials may use if it is "justified." There were
no reports of torture during 1987, nor any evidence of
systematic cruel, inhuman, or degrading treatment of persons,
including prison inmates. Foreign Africans are routinely
treated more roughly by police on arrest than are Ivorians.
Prisoners are usually allowed visits from attorneys of their
choice and from family members, who must provide food to
supplement the sparse prison diet. Prison conditions are
poor. Sanitation and medical facilities are minimal.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Ivorian Constitution and pertinent statutes prohibit
arbitrary arrest or imprisonment. However, the Government
occasionally detains persons considered a threat to internal
security. It also takes firm nonviolent measures against acts
it considers as threats to internal security. For example,
the Government has used the threat of forced conscription to
discourage student involvement in antigovernment activities.
Some prominent critics of the Government have chosen to live
and write elsewhere; on the other hand, political exiles from
a number of countries have found Cote d'lvoire a hospitable
safe haven.
Under the Ivorian penal code, a public prosecutor can order
the detention of a suspect for up to 48 hours without bringing
charges. The code dictates that further detention must be
ordered by a magistrate who can authorize additional periods
of up to 4 months, but who must also provide the Minister of
Justice, on a monthly basis, with a written justification for
continued detention. There have been reports that local police
have held persons for more than 48 hours in a few cases, but
that higher officials have disciplined police for these
violations .
In July 1987, the Secondary Teachers' Union Congress, one of
three unions outside the government-sponsored federation, was
suspended. Thereafter a group of teachers, supported by the
Government, ousted the old leadership, which reportedly
disagreed with government policy. Some teachers publicly
protested the Government's action and subsequently, in
September and October, 16 secondary teachers were detained.
In a civil trial in December, three teachers were found guilty
of embezzlement of union funds, fined, and sentenced to several
months each in prison. Two teachers were released, and 11
others required to perform national military service.
There have been no reports of forced labor in Cote d'lvoire.
e. Denial of Fair Public Trial
The modern judicial system is headed by a Supreme Court and
includes a Court of Appeals and lower courts. There is
general agreement that the judiciary is independent of the
executive in practice as well as under the Constitution's
separation 'of powers provisions. Defendants accused of
felonies or capital crimes have the right to legal counsel,
and indigent defendants are eligible for court-appointed
attorneys. In practice, however, such attorneys are not
readily available.
Ivorian law establishes the right to a fair public trial.
This provision is generally respected in urban areas. In
rural areas, justice is often administered at the village
78
COTE D'lVOIRE
level through traditional institutions which largely handle
local matters such as domestic disputes, minor land questions,
and family law. Dispute resolution is by extended debate,
with no known instances of resort to physical or similar
punishment. These traditional courts are increasingly
superseded by the formal judicial system.
Civilians are not tried by military courts. There are no
appellate courts within the military justice system. Persons
convicted by a military tribunal occasionally request the
Supreme Court to set aside the tribunal's verdict and order a
retrial .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
All Ivorian citizens are considered to be members of the
PDCI. Party regulations call for active participation in
party activities and payment of dues which are collected in
most cases through deductions from pay checks. Most party
regulations, however, are not strictly enforced. Ivorians who
choose not to participate do not suffer retaliation. It is
not known what percentage of the population actively
participates in the party.
The Code of Penal Procedures specifies that a police official
or investigative magistrate may conduct searches of homes
without a warrant if there is reason to believe there is
evidence concerning a crime on the premises. The official
must have the prosecutor's agreement to retain any objects
seized in the search. He is required to have witnesses to the
search, which may not take place between the hours of 9 p.m.
and 4 a.m. Legal safeguards against arbitrary searches
generally are respected in urban areas but are sometimes
ignored in the countryside.
In the past, there have been scattered reports of forced entry
of the home, specifically involving foreign Africans. There
is no evidence that correspondence and telephone conversations
are monitored.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is a limited range of free expression in Cote d'lvoire.
Critics of the Government feel free to, and do, express
themselves in informal situations without fear of reprisal.
Public criticism of basic policies, the party, or the
President, however, rarely occurs.
The Government owns majority shares in the two daily
newspapers, and their editorial opinion follows the policies
of the PDCI. The one weekly newsmagazine is controlled by the
party. Several periodic pamphlets are published privately.
The Ministry of Information, Culture, Youth, and Sports
operates radio and television stations and a wire service.
Government policy assigns the media a positive role in
promoting national unity and development. It allows criticism
of failures to execute policy but not criticism of the policies
themselves. Investigative journalism is permitted except with
respect to the Government and its policies. The Government
has occasionally banned a critical publication, such as the
book, "Islam and the Cote d'lvoire." Foreign publications are
readily available, but occasionally issues which are
79
COTE D'lVOIRE
particularly critical of the Ivorian Government, the party, or
the President are seized. The magazine Jeune Afrique was
banned from the country in November after the Government took
offense at one of its articles.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is generally respected, except when the
Government perceives a significant and immediate danger to
public order. Limits, such as the cancellation of gatherings,
occasionally are placed on the expression of controversial
views in public forums. As a result of student disorders in
1982, only apolitical gatherings are now permitted on campus,
but students still speak freely about politics in informal
situations. There is little tradition of assembly for purely
political purposes outside the established party structure.
Major unions are organized within a government-sponsored labor
confederation, the General Union of Cote d'lvoire Workers
(UGTCI). Secondary, university, and primary school teachers'
unions have been exceptions and until this year they each
maintained independent trade unions. In July 1987, the
congress of the Secondary School Teachers' Union was
interrupted by disturbances, whereupon the union leadership
suspended the proceedings. A second group thereafter convoked
the congress again and elected a new leadership which won
government endorsement. Spokesmen for both secondary and
university teachers accused the Government of interference in
internal union affairs and abridgement of their right to
choose their own leadership. Shortly after the replacement of
the Secondary Teachers' Union leadership, the Primary School
Teachers' Union asked to join the UGTCI, leaving only the
university teachers outside the fold.
The leader of the UGTCI occupies a senior position in the
party hierarchy. Union membership is encouraged but not
mandatory. The UGTCI is a relatively passive coordinating
mechanism rather than an active force for workers' rights.
However, the UGTCI has representatives in every major business
enterprise, and the UGTCI secretariat often plays a mediation
or conciliation role in relations between labor and management
in individual businesses. Collective bargaining within each
company takes place under UGTCI leadership.
The right to strike exists under statute, but in practice
strikes are rarely authorized by the UGTCI. Although there
were no official strikes in 1987, there were several "work
stoppages." In one case, after workers had refused to work
for 7 days and the UGTCI was unable to settle the dispute, the
Government stepped in and settled the dispute in favor of the
workers .
The 1983 secondary teachers' strike was broken by a
presidential decree ordering teachers back to the classrooms
and threatening them with fines and prison sentences for
noncompliance. Generally, the Government negotiates with
strikers and resolves at least some of their economic
grievances. Aside from the dispute with secondary school
teachers and the arrest and detention of 16 of their members,
there have been no reports that professional groups have
experienced persecution or harassment. The Government,
however, attempts to bring such groups under its wing or that
of the party.
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COTE D'lVOIRE
Unions, trade associations, and professional bodies are
permitted to maintain relations with recognized international
professional bodies in their fields. The UGTCI is a member of
the continent-wide Organization of African Trade Union Unity.
Cote d'lvoire is a member-state of the International Labor
Organization (ILO), and the UGTCI participates in Ivorian
delegations to ILO conferences and events.
c. Freedom of Religion
There are no known impediments to religious expression. There
is no dominant religion, and no particular faith is favored by
the Government. The open practice of religion is permitted,
and there are no restrictions on religious ceremonies or
teaching .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Ivorian Government exercises minimal control over domestic
travel, but internal roadblocks for identity and customs
checks are common. Persons stopped at such roadblocks are
sometim.es harassed by the police. Ivorians can travel abroad
freely and can emigrate without discrimination. Ivorians have
the right of voluntary repatriation. There are no known cases
of revocation of citizenship.
Cote d'lvoire's refugee and asylum practices are liberal. The
country has resettled or granted safe haven to Angolans,
Burkinabe, Eritreans, Ghanaians, Guineans, Liberians, and
Vietnamese.
While in Cote d'lvoire, refugees receive 1-year renewable
resident visas for their first 5 years in the country, after
which they may apply for permanent residence. Cote d'lvoire
does not take any significant responsibility for the economic
and social welfare of refugees, which becomes the concern of
private and international organizations.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Political participation is limited to the PDCI, which is
headed by President Houphouet-Boigny . No opposition groups
exist openly, and their formation is discouraged. Therefore,
in practice the citizens of Cote d'lvoire are unable to change
the one-party system of government.
Within the party, the President wields power through a
13-member Executive Committee, a 57-member political bureau,
and a 208-member steering committee. Political power is
concentrated in the President's hands, and most important
decisions are made by the President himself. The National
Assembly initiated its first legislation in history to promote
job creation in the rural and small business sectors during
the 1986-87 legislative year. The Assembly also confirms and
ratifies legislative initiatives received from the President.
Within this strict one-party system, the Ivorian Government
continues to encourage more open participation in the
political process by expanding the size of the party
institutions and by permitting party members to contest
legislative, municipal, and local party elections. In the
case of the 1985 legislative elections, for example.
81
COTE D'lVOIRE
approximately 577 individuals ran for the 175-seat National
Assembly. Many incumbents were defeated in all three
elections .
Section 4 Governmental Attitude Regarding International and
Nongovermental Investigation of Alleged Violations
of Human Rights
The Government has been cooperative toward inquiries into its
human rights situation, the last of which occurred in 1981.
Cote d'lvoire has a local chapter of Amnesty International.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no apparent discrimination based on race, sex,
religion, language, or social status. The most lucrative
government and private sector jobs seem to be concentrated
among the minority Muslim (30 percent) and Christian (15
percent) populations, a phenomenon attributable more to
urbanization and access to education than to a systematic
pattern of discrimination. However, all religions are
represented at top levels of government and throughout
society. Although French is the official language and the
language of instruction in the schools, radio and television
broadcasts are provided in major local languages. Social and
economic mobility are not limited by policy or custom.
Non-Ivorian Africans living in the Cote d'lvoire are estimated
at over 3 million; about half come from Burkina Faso and the
rest from other nearby countries. These foreign workers play
an important role in the Ivorian economy, especially in
agriculture. The Government's policy of Ivorianization
requires that all positions be offered to Ivorians before
foreigners; this prevents foreign Africans from obtaining most
of the higher paying wage and salary jobs in the modern sector.
Although males clearly play the preponderant role overall,
some Ivorian traditional societies accord v;omen considerable
political and economic power. Nonetheless, in rural areas
tribal customs dictate the division of menial tasks, which are
performed mostly by women. Children often work on their
parents' land, and in Abidjan some children routinely act as
vendors of consumer goods in the informal sector. Female
circumcision continues to be practiced among elements of the
Ivorian population, although it is rare in urban populations.
Official party policy is to encourage full participation by
women in social, economic, and political life. The role of
women has recently won somewhat greater prominence. In July
1986, the President appointed a new Minister for Women's
Affairs, a cabinet-level position first created in 1976 but
which had been vacant for almost 2 years. Women remain
lightly represented at the higher levels of government and the
party. Ten women are deputies in the 175-seat National
Assembly and 28 women are members of the 208-member Steering
Committee of the PDCI .
CONDITIONS OF LABOR
The Government enforces a comprehensive work code of law, the
Code du Travail, governing the terms and conditions of service
for salaried workers and providing for occupational safety and
health standards.
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COTE D' IVOIRE
Extensive safeguards protect those employed in the modern
sector against unjust compensation, excessive hours, and
capricious discharge from employment. In most instances, the
minimum working age is 16, and minimum wages vary according to
occupation, e.g., a skilled worker would earn the equivalent
of $0.77 per hour. Wage levels increase for workers with more
experience and skills. Month-long paid vacations and a
substantial severance pay are guaranteed. Government medical
insurance and retirement programs provide an element of income
security for salaried employees in the modern sector.
However, there is a large informal sector of the economy,
involving both urban and especially rural workers, in which
many of these occupational regulations and safeguards are
enforced erratically at best.
83
DJIBOUTI
Djibouti is a constitutional republic with a one-party
political system. Occupying a small, arid land at the
southern tip of the Red Sea, Djibouti's 330,000-400,000 people
have been ruled since independence from France in 1977 by
President Hassan Gouled Aptidon, who was reelected in April
1987. President Hassan Gouled's Rassemblement Populaire Pour
le Progress (RPP) has been Djibouti's only legal political
party since the 1981 election year when the Government
outlawed the Mouvement Populaire Djiboutien (MPD) . An
overseas opposition party, the Mouvement National Djiboutien
Pour 1' Instauration de la Democratie (MNDID) , led by a former
government official, has minimal influence in Djibouti.
Political life in Djibouti is a subtle and unequal contest
between two major ethnic groups, the predominant Issa and the
sizable minority Afar. An Arab minority, mostly Yemeni, are
prominent in commerce but not in politics. Although Djibouti
has had only one president since independence, it is accepted
that the presidency is and will be reserved for an Issa and
the prime minister for an Afar. The president, who wields the
significant executive power, appoints the prime minister.
Cabinet positions are divided among Issas and Afars. In
practice, real authority in the civil service and the armed
forces is in Issa hands.
Djibouti's armed forces have a total strength of about 3,500,
primarily ground forces, but with a small naval force and a
one-plane (transport) air force. France guarantees Djibouti's
external security under a 1977 agreement. France also
maintains a garrison of about 3,800 military and naval
personnel in Djibouti.
Djibouti's narrowly based formal economy is centered on
services for an expatriate community of about 10,000 and
operation of the seaport, the airport, and the Djibouti-Addis
Ababa railroad. While some large enterprises are state owned,
free enterprise is encouraged, and there is private ownership
of both property and capital. Lack of economic growth has
been aggravated since independence by the recurrence of
drought and the influx of tens of thousands of imjtiigrants
(legal and illegal) fleeing war, drought, famine, and
repressive political and economic conditions in Ethiopia and
Somalia. Even with international assistance led by the United
Nations High Commissioner for Refugees (UNHCR) , Djibouti has
been hard pressed to absorb refugees into an economy also
coping with illegal economic migrants.
There was little change in the human rights situation in
Djibouti in 1987 in terms of government policy. A Djiboutian
who does not oppose the Government or the party is generally
free to pursue his life and livelihood without government
interference. However, a number of abuses occurred in
connection with Djibouti's continuing efforts to return
illegal aliens to their own countries.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of government-inspired political
killings during 1987.
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DJIBOUTI
The March 18, 1987, terrorist bombing at the outdoor Cafe
L'Historil killed 12 persons (5 French citizens, 4 Germans,
and 3 Djiboutians) and maimed or wounded some 40 others. The
Tunisian national charged with the crime is being held while
legal investigation of the incident moves toward trial. All
seven lawyers of Djibouti's bar have been appointed defense
counsel .
b. Disappearance
There were no allegations of disappearance of persons for
political reasons.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There are occasional allegations of cruel, inhuman, or
degrading treatment or punishment, such as the beating of
prisoners. There were no substantiated cases of such
practices in 1987.
While prison conditions are barely adequate, prisoners may be
visited by their families and lawyers. Medical care is also
available to prisoners. Public health personnel oversee
prison conditions.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Still in an early stage of development, Djibouti's legal
system is a hybrid of Djiboutian legislation and executive
decree, French Napoleonic codified law, Koranic (Islamic)
religious law, and the traditional law of the indigenous
nomadic peoples. Crimes committed in urban areas are dealt
with according to French criminal law and judicial practice.
Other questions coming before the law, and offenses in
Djibouti's sparsely populated hinterland, may be disposed of
according to Islamic law or ethnic traditions.
Suspected wrongdoers can be arrested after a warrant is issued
by a judge. By government decree, a person may be held no
more than 48 hours without being charged formally by an
examining magistrate. A judge may release the accused on bail
or personal recognizance, or order the accused jailed pending
the court's verdict. A detainee must be told of his right to
legal counsel.
There is no forced labor in Djibouti.
e. Denial of Fair Public Trial
Proceedings in civil court, criminal court, and the special
state security court are open to family members and lawyers of
those involved but are not open to the general public. The
judiciary remains generally independent of influence, from the
Government or the party in criminal matters but susceptible to
influence in political cases.
A historic Afar leader in Djibouti's independence movement now
living overseas, Aden Robleh Awaleh, faces life imprisonment
in Djibouti after trial and conviction in absentia on charges
related to a politically motivated bombing and other criminal
charges. Aden Robleh Awaleh now heads an overseas opposition
party, the MNDID. Party followers were arrested in Djibouti
shortly before the April 1987 presidential election for
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DJIBOUTI
was established in 1987. A number of Christian missionaries
proselytize freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Djiboutians travel freely both inside and outside Djibouti.
Passports are generally available to all Djiboutians. There
are no currency controls.
Djibouti's borders are porous. Pastoralists who eke out a
living from this dry and arid terrain pass freely back and
forth across the borders in pursuit of pasture and water for
their herds.
Over the last decade, tens of thousands of persons have
entered Djibouti in flight from war, famine, political
oppression, and deteriorating economies in neighboring
Ethiopia and Somalia. There are approximately 13,000 refugees
registered with the United Nations High Commissioner for
Refugees (UNHCR) in Djibouti. By government decree (although
difficult to enforce), all refugees are required to live in a
refugee camp at Dikhil, in Djibouti's harsh interior.
However, many registered refugees continue to live in and near
Djibouti city. During the 8 years of its existence at Dikhil,
the refugee center has developed into an economically
functioning village in some respects more active than the old
town itself. Both the international community under UNHCR
coordination and the Government provide services to the
refugees at Dikhil.
Refugees who want to return to Ethiopia voluntarily may
register to do so with the UNHCR. After a long hiatus due to
drought in Ethiopia, actual voluntary repatriations resumed on
December 8, 1986. As of September 1987, 3,397 Ethiopians had
been repatriated voluntarily under UNHCR auspices.
In addition to UNHCR-registered refugees, there are thousands
of persons in Djibouti whom the Government considers illegal
aliens. Responsible estimates of their number range as high
as 20,000. The Government charges that these illegal aliens
take jobs away from Djiboutians and are an unreasonable burden
on an economy with an unemployment rate estimated at 50-70
percent. During the Government's program to control illegal
aliens who do not qualify as refugees, abuses have occurred.
On December 20, 1986, five undocumented aliens (all
Ethiopians), living in Djibouti illegally, died of suffocation
while being returned against their wishes to Ethiopia in a
railroad boxcar. The Government quickly expressed public
regret over the deaths and promised an investigation and
appropriate measures to prevent similar accidents. At the
same time, the Government reaffirmed that deportation of
illegal aliens was legal and in order.
Late in May 1987, eight Somali students, who had applied to
the UNHCR for protection as refugees, were returned to Somalia
by Djiboutian security personnel before the UNHCR could
determine whether they qualified for refugee status.
Also in late May 1987, about 70 persons at the Dikhil refugee
camp who had been refused refugee status threatened a hunger
strike and reportedly burned a refugee camp tent and a
Djiboutian flag. The Djiboutian gendarmerie responded to the
violence by rounding up and immediately deporting 103 persons.
It was later ascertained that among the 103 persons were
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DJIBOUTI
distributing leaflets supporting Robleh for president. Those
arrested were quickly released without charge.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In the past, there have been occasional reports of violation
of a government decree that bars police entry into private
homes without the resident's consent or without a legal order
except in such extraordinary circumstances as preservation of
public order. However, there were no reports of violations of
rights of privacy, family, home, or correspondence during 1987.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Outside the one-party structure, Djiboutians generally do not
enjoy the freedom of political public speech. However, there
is little if any official interference in private speech,
including political speech.
Djibouti's radio and television stations and one newspaper
(French-language weekly) are all government owned and
operated. Government policy is to coordinate all official
dissemination of information, ostensibly in the interest of
national development. The news media occasionally look at
shortcomings, inefficiencies, and even corruption within the
government bureaucracy, but the Government itself is free from
criticism. The media usually shy away from coverage of
violence, crime, and ethnic strife. There have been
occasional confiscations of foreign publications which contain
commentary critical of the Government, though none occurred in
1987.
b. Freedom of Peaceful Assembly and Association
Public meetings require government-issued permits, which may
be refused for security reasons. No political meetings are
permitted outside the framework of the one legal political
party. With that important exception, Djiboutians are allowed
to associate freely. Social, religious, cultural, and
commercial associations are free from government interference.
Labor's right to organize and to strike is legally recognized
but severely restricted in practice. Workers are free either
to join or not to join a union as they choose, and only a
small fraction of Djiboutian workers are union members.
Djibouti's sole national labor federation, the Union Generale
de Travailleurs Djiboutiens (UGTD) , is government organized
and controlled. The Government exerts some control over
labor, especially through UGTD-af f i liated unions which
represent workers at most large enterprises. Labor action is
generally restricted to temporary work stoppages as ad hoc
protests against dismissals or working conditions. Individual
unions are free to maintain relations internationally with
other labor organizations.
c. Freedom of Religion
Freedom of religion is enjoyed by members of all faiths.
Although more than 95 percent of the population is Muslim,
Djibouti is officially a secular republic. There are several
Christian churches in Djibouti, and a Coptic Christian church
87
DJIBOUTI
was established in 1987. A number of Christian missionaries
proselytize freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Djiboutians travel freely both inside and outside Djibouti.
Passports are generally available to all Djiboutians. There
are no currency controls.
Djibouti's borders are porous. Pastoralists who eke out a
living from this dry and arid terrain pass freely back and
forth across the borders in pursuit of pasture and water for
their herds.
Over the last decade tens of thousands of persons have entered
Djibouti in flight from war, famine, political oppression, and
deteriorating economies in neighboring Ethiopia and Somalia.
There are approximately 13,000 refugees registered with the
United Nations High Commissioner for Refugees (UNHCR) in
Djibouti. By government decree (although difficult to
enforce), all refugees are reguired to live in a refugee camp
at Dikhil, in Djibouti's harsh interior. However, many
registered refugees continue to live in and near Djibouti
city. During the 8 years of its existence at Dikhil, the
refugee center has developed into an economically functioning
village in some respects more active than the old town
itself. Both the international community under UNHCR
coordination and the Government provide services to the
refugees at Dikhil.
Refugees who want to return to Ethiopia voluntarily may
register to do so with the UNHCR. After a long hiatus due to
drought in Ethiopia, actual voluntary repatriations resumed on
December 8, 1986. As of September 1987, 3,397 Ethiopians had
been repatriated voluntarily under UNHCR auspices.
In addition to UNHCR-registered refugees, there are thousands
of persons in Djibouti whom the Government considers illegal
aliens. Responsible estimates of their number range as high
as 20,000. The Governm.ent charges that these illegal aliens
take jobs away from Djiboutians and are an unreasonable burden
on an economy with an unemployment rate estimated at 50-70
percent. During the Government's program to control illegal
aliens who do not qualify as refugees, abuses have occurred.
On December 20, 1986, five undocumented aliens (all
Ethiopians), living in Djibouti illegally, died of suffocation
while being returned against their wishes to Ethiopia in a
railroad boxcar. The Government quickly expressed public
regret over the deaths and promised an investigation and
appropriate measures to prevent similar accidents. At the
same time, the Government reaffirmed that deportation of
illegal aliens was legal and in order.
Late in May 1987, eight Somali students, who had applied to
the UNHCR for protection as refugees, were returned to Somalia
by Djiboutian security personnel before the UNHCR could
determine whether they qualified for refugee status.
Also in late May 1987, about 70 persons at the Dikhil refugee
camp who had been refused refugee status threatened a hunger
strike and reportedly burned a refugee camp tent and a
Djiboutian flag. The Djiboutian gendarmerie responded to the
violence by rounding up and immediately deporting 103 persons.
It was later ascertained that among the 103 persons were
DJIBOUTI
8 persons to whom the UNHCR had granted refugee status. The
UNHCR later reported that the registered refugees who had been
improperly deported had subsequently returned to Djibouti
safely.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Djibouti is a one-party state. The Issa-dominated RPP has
been the only lawful political party since the 1981 outlawing
of the Afar-dominated MPD following election-year violence.
The party chooses all candidates for election to the presidency
and the 65-member National Assembly, as it did most recently
before the national elections held in April 1987. Although
citizens are encouraged to vote, party control of the political
process is such that Djiboutians have no democratic, nonviolent
way to change their government.
All of Djibouti's ethnic groups have generally been
represented in the ruling cabinet, but a disproportionate
share of the real power is held by the Issas in the civil
service, the armed forces, and the RPP. Ethnic and
extended-family relationships are said to be more important
than individual qualifications in filling senior civilian and
military positions.
Within the one-party system, the April 1987 presidential and
parliamentary elections were peaceful, with 87 percent of the
almost 101,000 registered voters casting their ballots. As
noted, some party followers of the overseas-based Afar leader
Aden Robleh Awaleh were temporarily detained prior to the
election for distributing leaflets supporting Robleh for
president .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no private human rights organizations in Djibouti.
The Government's relations with the UNHCR, responsible only
for the protection of internationally recognized refugees, are
good. There were no known instances of the Government
ignoring queries on human rights during 1987.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The predominant status of the Issa in the civil service, the
military, and the ruling political party probably amounts to
de facto discrimination against the Afar based on ethnicity
and language.
Women in Djibouti have equal status with men under the
French-inspired codified law and generally enjoy higher public
status than do women in some Islamic countries in the region.
Women are active in small trade, and many women are employed
in offices and retail stores. However, no women hold senior
positions in either the Government or the sole political
party. Nomadic traditions of genital mutilation of young
girls (particularly excision and inf ibulation) are practiced
widely without government interference.
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DJIBOUTI
CONDITIONS OF LABOR
Djibouti has long suffered high unemployment. Although
government policy strongly favors the employment of
Djiboutians, expatriates hold about 20 percent of the
positions in the formal sector and an even more
disproportionate share of the higher-paying positions.
Djibouti's labor laws and regulations, taken over from French
law at independence, guarantee a worker in the formal sector
wages and working conditions superior to those in countries
with similar economic bases. In addition to high wages, a
worker enjoys employer-funded social security, medical, and
retirement benefits. A 50-year-old worker with 15 years of
employment may retire at 80 percent of his salary. The
minimum working age is 18. A 40-hour work week is standard.
Many Djiboutians, refugees, and illegal aliens work in the
significant informal sector in which their employment is not
reported to the Government (in violation of Djiboutian labor
law and regulation). This informal sector includes small
trade; petty street vending of cigarettes, postcards, and the
like; and domestic work.
90
EQUATORIAL GUINEA
Equatorial Guinea is a former Spanish colony in central West
Africa composed of a continental province (Rio Muni) and the
island provinces of Bioko and Annobon. It has an estimated
population of 340,000. The capital, Malabo, is on Bioko. The
current regime, under President Teodoro Obiang Nguema Mbasogo,
took power as a military government in the 1979 coup which
overthrew President Macias and ended his 11-year, state-
sanctioned policy of terror. A national Constitution was
adopted in 1982, national and local assemblies chosen, and the
military Government declared itself a civilian government.
In December 1986, a single political party, the Democratic
Party of Equatorial Guinea (DPEG) , was established by
government decree, with the President as its head. Only
members of the DPEG may hold public office. All adult
citizens, even those who are not party members, are required
to pay party dues.
The Guinean police and military, with substantial assistance
from Spain, have been reorganized totally since 1979. A
300-man guard force provided by Morocco assists in protecting
the President. In the first instance, internal security is
the responsibility of the Minister of Territorial
Administration through the national police force, the Guardia
Civil .
Most of the population lives by subsistence agriculture,
fishing, and hunting, with per capita annual income
approximately $260. The small wage economy, based on cocoa,
lumber, and coffee, was devastated by the Macias years and the
death or exodus of thousand's of trained and educated citizens.
The economy remains extremely fragile, despite substantial
foreign aid and attempts at reform, which include entrance
into the West African Franc Zone, debt rescheduling, and
efforts to attract much needed foreign investment, especially
from France and the European Economic Community. A major
barrier to economic development is the lack of a clear rule of
law to protect and encourage foreign investors and indigenous
entrepreneurs. Numerous plantations, abandoned by their
Spanish and Nigerian owners during the Macias regime, were
arbitrarily expropriated in 1984 and sold under very favorable
terms to influential members of the current Government. In
September and October, the Government began to reevaluate,
thus far ineffectively, the questions of ownership and
indemnity relating to these properties.
The human rights situation in 1987 changed little from
previous years, with continued reports of arbitrary arrests,
citizen harassment by poorly paid police and military,
discrimination against minority groups and migrant workers,
and the use of forced labor. Freedom of speech and assembly
are not respected. In addition, the Jehovah's Witnesses,
declared an illegal sect in late 1985, faced increasing
persecution in 1987 with disruptions of church services and
arrests of members who were accused of "anarchic" and "immoral"
practices. As part of a general amnesty decreed in October,
five persons tried and sentenced under military law for
involvement in the July 1986 coup attempt were released from
prison.
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EQUATORIAL GUINEA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from;
a. Political Killing
There were no reported incidents of political killing.
b. Disappearance
There were no known disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Police methods are harsh and often include beatings of
prisoners either to extract information or to punish offenders
for alleged insolence or disrespect. The Government appears
little inclined to curb such abuses. Arbitrary police
beatings of politically powerless people, such as expatriate
Nigerian and Cameroonian workers and members of Bubi and
certain other indigenous tribes, continued in 1987.
Mistreatment of prisoners is condemned officially but in fact
is tolerated. Prisoners are dependent on their families for
food. Prison conditions are unhealthy, and medical care is
almost nonexistent. Prisoners often are forced to sleep and
sit on the floor, occasionally denied exercise, or required to
work on private plantations.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Despite constitutional provisions, there is no enforcement of
the right of a person in detention to be charged or released
within a certain period of time, to have access to a lawyer,
or to be freed on bail. Arbitrary arrests by security forces
or police are commonplace, usually on trumped-up charges to
extort money.
There were no known instances of any citizen being exiled
abroad in 1987. The Government continued to round up
so-called vagrant illegal aliens and ordinary citizens and put
them to work. These roundups are a means of obtaining free
labor and often are linked to preparation for important
national days, the arrival of visiting dignitaries, and
seasonal needs on the plantations of important government
officials .
e. Denial of Fair Public Trial
The Ministry of Justice has made little progress in
establishing a fully functional legal system, and the executive
branch has been able to act without fear of judicial review.
The justices on the highest Court, the Supreme Court, serve at
the pleasure of the President, who replaced all but one justice
early in 1986. Of 12 Supreme Court positions, only 4 have
ever been filled at the same time. The tribunal provided for
in the Constitution to decide constitutional issues has never
been established.
The exact number of political prisoners is unknown but is
believed to be small. The Government does not admit to holding
any political prisoners. There is still no information
available on the fate of 26 persons tried in July 1983 on
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EQUATORIAL GUINEA
charges stemming from a coup attempt in May 1983. According
to Amnesty International, the 26 defendants did not receive
fair trials. The Government reported only that the majority
of the accused received sentences varying from 5 to 10 years.
Military tribunals hear all capital offenses, civil and
criminal, in Equatorial Guinea. The most important recent
court case took place in 1986 with the public 2-day trial of
15 persons, including the Deputy Prime Minister and senior
government and military officials, accused of plotting to
overthrow the Government in July 1986. The defendants were
represented by government-employed counsel, and the proceedings
were broadcast on state radio and television. The military
tribunal sentenced one defendant to death (a member of the
military), four to long prison terms (18 to 20 years), and six
to terms of 2 years, while four were stripped of government
positions and set free. The single death sentence was carried
out on the day of the verdict. Five of those sentenced to
2-year terms were released from prison 1 year early, in
October 1987, under a general amnesty decree signed by the
President .
The actual charges against the defendants ranged from
violating three sections of the Constitution to violating a
particular section of the military penal code. The
constitutional provisions speak generally of citizens'
obligations and are not criminal statutes. In addition, it
was not clear how the military penal code applied to the
civilian defendants. The speed of the judicial process, the
questionable legal bases of the charges brought, the doubtful
jurisdiction of the military tribunal, the lack of independent
defense counsel, and the absence of appeal procedures raised
serious questions whether the defendants received due process.
The current court system, which often uses local customary
law, is a combination of traditional, civil, and military
justice, and operates in an ad hoc manner for lack of
established procedures and experienced judicial personnel. It
is not known how frequently people are denied trials since
many detainees deal directly with the arresting authorities
and resort to bribes to gain their freedom. Most trials are
brief. In cases of petty theft or civil disputes, all parties
are brought before a judge for trial. In civil and criminal
cases, the judge often levies a fine in lieu of imprisonment.
In cases involving senior officials, exclusion from public
office and confinement to traditional villages are common
means of punishment.
Equatorial Guinea's estimated 15 lawyers work for the
Government and consequently are unable to challenge government
actions effectively. Laws are enacted by decree and are not
published or otherwise effectively promulgated. As there are
no libraries or independent resource facilities, a citizen is
seldom able to determine what the laws are or whether he or
she has been charged with a bona fide offense.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were reports of arbitrary interference with privacy but
not with correspondence. There is a general suspicion that
telephone conversations are routinely monitored. Search
warrants are not usually used, even though they are required
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EQUATORIAL GUINEA
by the Constitution. There is no forced resettlement of
population, and no interference with the right to marry or
have children.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Open criticism of the Government is not permitted. The media
that exist in Equatorial Guinea are government owned and
operated. The single newspaper (published sporadically) is in
fact a government bulletin. The radio and television stations
transmit official government notices and imported
entertainment, sports, and religious programs. There are no
prohibitions on receiving foreign publications or periodicals,
but for economic reasons there are no such publications for
sale anywhere in the country.
It is doubtful that the Government would permit the sale or
distribution of publications openly critical of its conduct.
School libraries require government permission to accept even
donated books.
b. Freedom of Peaceful Assembly and Association
Citizens are not free to associate publicly with others to
discuss political or economic matters, notwithstanding
constitutional guarantees to the contrary. The Government
does not permit opposition organizations and would not
tolerate unsanctioned political rallies and assemblies.
Private nonpolitical groups, such as professional
organizations, churches and sports groups, generally require
government approval and licensing.
There are no labor unions, and there have been no attempts to
organize workers. It is widely recognized that the Government
would not permit a union to organize, especially in the cocoa,
lumber, and coffee sectors which constitute the main economic
resources. There is no significant industry in Equatorial
Guinea .
c. Freedom of Religion
Until late in 1985, there had been complete freedom of
religion in predominantly Roman Catholic Equatorial Guinea.
In December 1985, the Jehovah's Witnesses and several small
Pentecostal groups were banned, and their churches and meeting
houses closed without explanation. In 1986 and 1987,
Witnesses were placed under house arrest, harassed, and
reportedly forced to do manual labor despite having been
neither convicted nor charged with any crime. After several
unsuccessful appeals, 10 noncitizen Witness missionaries were
expelled from the country in September and October 1987, and
80 local Witnesses were forbidden to practice their religion.
Missionaries of several other faiths are still active and have
government permission for their activities.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no explicit restrictions on travel within the
country, but anyone found without a job in any part of the
country except his own town or village is subject to a period
of forced labor and obligatory return to his place of origin.
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EQUATORIAL GUINEA
There were no reports of any additional Guinean refugees
fleeing the country in 1987, but a large number of refugees
from the former regime continue to reside in Spain, France,
Cameroon, and Gabon. Many of them voice fear of repression
from the current Government if they return and allege that
their passports are restricted to prevent travel back to
Equatorial Guinea. However, the poor state of the economy is
probably the main reason many remain abroad. The Government
has proclaimed repeatedly that returnees need not fear
persecution but can engage in political activities only within
the sanctioned system.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have only a hypothetical right to change their
government by democratic means. President Obiang took power
in 1979 in a military coup that toppled the Macias regime and
used the 1982 plebiscite, which involved only approval or
disapproval of the Constitution, to declare himself President.
He will face reelection in 1989 under the present 7-year term
established by the Constitution. Under the Constitution, a
partially elected, partially appointed National Assembly was
chosen. While the Assembly includes members of minority
groups and is theoretically the legislative branch of
government, it is powerless to take any action not sanctioned
by the President or his Council of Ministers. According to
the Constitution, the President also has the power to suspend
virtually all rights provided for in the Constitution when a
threat to national security or a national emergency exists,
and the President himself decides when such a threat exists.
He has not done so yet.
Only members of the PDEG may hold public office, with the
selection of all candidates being controlled by the party. In
July 1987, another decree mandated that all adult citizens of
Equatorial Guinea should pay dues to the party, whether or not
they are members. Deductions are made from wages and salaries
for deposit into the party's coffers. In October the
mandatory payments to the DPEG were fixed at 3 percent of
every adult's salary or wage.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has denounced and reversed the savagery of the
previous regime. It is willing to discuss human rights issues
with international organizations. A United Nations human
rights team visited Equatorial Guinea in January 1986, but its
report had still not been released at the end of 1987. There
are no human rights groups in Equatorial Guinea.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The law states that both sexes and all tribal groups are equal
and entitled to the same rights and privileges. Members of
the Fang clans, principally the Esangui, comprise more than 70
percent of the population and dominate life in Equatorial
Guinea, including the allocation of top government positions.
The Bubi tribe comprises approximately 15 percent of the
population and has historically been the majority on the
island of Bioko, where the capital is located. Despite
National Assembly elections in 1983 which returned a
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EQUATORIAL GUINEA
proportionate number of Bubi delegates, they have little
effective political voice in government. Other tribal groups
such as Playeros, Fernandinos, and even less favored Fang
clans are similarly discriminated against in opportunities for
economic and social advancement.
For a variety of historical, cultural, and economic reasons,
women are accorded a lower social status than men and have a
correspondingly lower status and influence in society and
government. Social tradition, and the fact that wom.en produce
most of the basic staple food items, keep most women engaged
in agricultural or domestic work. Many more males than
females enter and graduate from secondary school. Women play
only a minor role in politics. The highest positions held by
women are: the Vice Ministers of Labor and Health, mayors of
two small towns, 1 member (out of 60) of the largely
ceremonial House of Representatives, and the Presidential
Adviser for Public Health and Social Action. (The wife of the
President fills the latter position.)
CONDITIONS OF LABOR
Even when paid, salaries ere insufficient for ensuring a
decent living, and many must take second jobs. Equatorial
Guinea has a statutory minimum wage of roughly $34 monthly and
an average wage of $68 monthly. Government working conditions
include a maximum 48-hour workweek with a full day of rest
each week .and regularly scheduled holidays. There is no
effective monitoring of work hours and labor conditions
outside of the Government. The minimum age for employment is
16, but there is no enforcement of this law outside the
cities, and children of various ages work, as necessary, to
help support their families.
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ETHIOPIA
In September 1987, the Provisional Military Government of
Socialist Ethiopia (PMGSE) declared itself to be the People's
Democratic Republic of Ethiopia (PDRE) . Mengistu Haile Mariam
remains the effective ruler, and the "new" Government boasts a
Soviet-model Constitution which formally provides for a wide
range of protections and civil liberties for its citizens, as
well as an elected parliament, the Shengo. In reality.
President Mengistu continues to exercise complete control over
the majority of Ethiopians. Mengistu is also the Commander-in-
Chief of the armed forces, the ultimate source of his power in
the country. He also holds the top post of General Secretary
in the Workers Party of Ethiopia (WPE), established September
6, 1984, as the nation's only political party. The stated
goal of the party is to transform Ethiopia into a Marxist/
Leninist state.
Ethiopia deploys the largest standing army in Africa south of
the Sahara, numbering over 250,000 men. It uses this force
primarily to pursue military solutions to the armed
insurgencies of varying intensities directed against the
Government. Ethiopia also supports rebel movements fighting
against its neighbors. The Government has an extensive
internal security apparatus which uses a comprehensive system
of surveillance and informers, including the kebeles (urban
neighborhood associations) at the neighborhood level, to
maintain its control over the population.
The PDRE is committed to a centralized, planned economy based
on "Socialist" principles. The economy currently suffers not
only from civil strife (military expenditures take 20 percent
of the budget), but also from ideological constraints, most
visible in the Government's priority of funding for state
farms in a nation of small, independent farmers. At the end
of 1987, new drought and famine gripped Ethiopia.
Ethiopia's record on human rights remained deplorable in 1987,
notwithstanding adoption of the new Constitution which provides
a legal basis for respect for human rights. The Government
continued to exercise tight control over political processes,
judicial functions, the media, labor, and education. Both
government forces and members of longstanding insurgent groups,
notably in Eritrea and Tigray, committed atrocities against
prisoners and civilian populations. During 1987 the nationwide
program of consolidating rural homesteads in new villages
continued, often by implicit threats of force, and was
sanctioned in the Constitution. The resettlement program
resumed in late 1987, but the Government promised that it
would be on a modest scale and on a purely voluntary basis.
The Government unveiled a general plan aimed at ending the
insurgencies, through the establishment of five autonomous
regions, but at the end of 1987 details of the plan were
lacking, and its practicality remained to be tested.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reported instances of extrajudicial executions
in 1987. The Government has come to rely less on actual
violence and more on the latent threat of violence to maintain
political control.
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ETHIOPIA
b. Disappearance
Although the Ethiopian Government increasingly has tolerated
religious activity (the new Constitution also recognizes the
right of religious freedom) , it has not explained the
disappearance between 1979 and 1985 of a number of religious
leaders and lay people, including the Patriarch of the
Ethiopian Orthodox Church (1979), the leader of the Ethiopian
Evangelical Mekane Yesus Church (1979), and a number of
Jehovah's Witnesses. Some of these people cannot be located
and are presumed to have been executed summarily or to have
died.
The well-publicized disappearance in May 1986 of the Ethiopian
Permanent Representative to the United Nations and Ambassador
to Canada, Berhanu Dinka, remains unresolved despite pressure
by many Western governments for information concerning his
whereabouts. No charges are known to have been filed against
him, but there are unconfirmed reports that he was transferred
in July 1987 from the "Third Police Station" (an Addis Ababa
torture and interrogation center) to the so-called "Gebi
Prison" in the basement of the National Palace.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The new Constitution notably omits the passage from the 1955
Constitution prohibiting cruel and inhuman punishment. The
use of torture by the Government persisted in 1987 but has
declined from the levels during the period of "revolutionary
terror" in the late 1970's.
Torture has been used against members of most opposition
groups, both those opposed for ideological reasons, such as
the radically leftist Ethiopian People's Revolutionary Party
(EPRP) or the more moderate Ethiopian People's Democratic
Alliance (EPDA) , and those opposed for a combination of
ideology and ethnic/regional separatism, such as the Ethiopian
People's Liberation Front (EPLF) in Eritrea, the Tigray
People's Liberation Front in Tigray, and the Oromo Liberation
Front among the Oromo. The EPRP and the EPDA have no open
membership within Ethiopia at present, and the Government
seems more concerned with the ethnic/regional opposition
groups. Political prisoners are initially taken to central
investigation centers operated by the Ministry of Interior,
such as the Third Police Station in Addis Ababa cr the Mariam
Gimki Center in Asmara. Interrogation is often combined with
physical abuse, especially for those suspected of affiliation
with an opposition or insurgency group.
Common methods of torture include prolonged beating on the
soles of the feet, prolonged suspension from a rope in a
contorted position, death threats, mock executions, sleep
deprivation, and submergence to the point of unconsciousness
in tanks of dirty water. In June 1986, Amnesty International
(AI) published a special report, "Political Imprisonment and
Torture in Ethiopia," and appealed to the Ethiop: an
Government, inter alia, to stop torture and safecjuard
prisoners from ill-treatment. In two 1986 cases involving
prosecutions of kebele officials for torture, AI reported the
authorities had sentenced 14 kebele officials to 3-year and
life imprisonment terms, while another received the death
sentence.
ETHIOPIA
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
While no accurate figures are available, some human rights
groups outside Ethiopia estimate that the Government has
incarcerated as many as 3,000 people for political reasons.
Over half of these political prisoners have not been formally
charged or sentenced. The new Constitution sets forth certain
civil liberties for all Ethiopians, including prohibition
against unreasonable search and seizure and a requirement that
arrested citizens be arraigned in court within 48 hours. The
Constitution also provides for arrest warrants, a fair trial,
the right to protection against self-incrimination, and the
right to counsel. These constitutional measures became
effective on September 12, 1987, but the Government has yet to
take any steps to implement them or to extend them to those
already imprisoned at the time they came into effect.
Widespread expectations of a general amnesty for political
prisoners concurrently with the establishment of the PDRE did
not materialize.
Although the new Constitution emphasizes the seriousness of
any treasonable act, it does not specifically limit the due
process rights of those charged with offenses against the
State. Nevertheless, Ethiopians suspected of antigovernmental
actions or sentiments continue to be subject to arrest or
detention by the police without charge or judicial review. In
politically sensitive arrests, the Government generally prefers
to operate in secret, taking the suspect from home at night.
In most cases, political detainees are held incommunicado,
without charge and without legal representation, at least
initially, and sometimes for the length of their term of
incarceration. The term of confinement for a suspect held
without legal charge is subject to the whim of the detaining
official or agent. Some prisoners continue to be held without
charge 13 years after their detention.
In 1987 about 25 people were arrested in Addis Ababa, Dire
Dawa, and Gondar, reportedly after arranging for the
surreptitious departure of Jews from Ethiopia. At the end of
1987, they had not been charged or tried, and AI cited reports
that several of them had been tortured.
Arbitrary arrest is not limited to the politically suspect.
Even people with no record of political activity or political
affiliations have been arrested and detained for months or
longer without explanation. In March 1987, the Government
detained an estimated 3,000 to 5,000 unemployed Addis Ababa
residents suspected of street crime. Those whose kebeles
would not vouch for them were transported to a "resettlement"
site in the countryside.
Ethiopia has generated the largest number of refugees in
Africa. There are more than 1 million Ethiopian refugees
living in neighboring countries, and tens of thousands, many
of whom cannot return to Ethiopia for fear of persecution,
living abroad.
There is no information that forced labor is practiced in
Ethiopia. However, on the demand of the kebele officials,
citizens are required to "volunteer" their services for
frequent community work programs. Workers are also expected
to "volunteer" to work extra hours and weekends, at no pay, so
that factory quotas can be met.
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ETHIOPIA
e. Denial of Fair Public Trial
In the PDRE there continues to be no real separation between
the executive branch and the judiciary. Courts are subject to
political control and are responsive to the requirements of
Ethiopia's leadership. The modern court system has a Supreme
Court at the apex and includes magistrate courts and a Special
Court of Appeal. While the civil court system operates
relatively independently of politics, the criminal court
system is more open to political manipulation. The special
courts established for trying political crimes against the
State were abolished with the adoption of the new Constitution
in February 1987. The recent consolidation of the Ministry of
Interior and Ministry of Public Security into a single ministry
under the former head of Public Security implies a continuing,
overriding priority for state security regardless of
constitutional provisions for humane judicial procedures.
AI and Western governments continue to press the PDRE to bring
charges against, or to release, all political prisoners,
including the 10 remaining members of the royal family
detained since the Revolution. When political trials do take
place, they are almost always held in secret with only the
verdict (if even that) publicly announced. Prisoners cleared
of charges or whose terms have been completed are not always
promptly released from prisons.
In practice, the right to a fair public trial is observed and
respected in civil and criminal cases of a nonpolitical nature.
These cases generally are based upon the submission of evidence
in a public setting. Minor cases are tried at the kebele
level, while more serious criminal accusations are tried in
courts where the accused has access to court-appointed lawyers.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the "inviolability of the house"
and protects against unlawful entry into private homes. In
reality, as in the past, warrants are not used for searches of
offices or private homes. However, the number of incidents of
forced entry by government forces, which are often related to
enforcing military call-ups, appeared to decrease in 1987,
including in homes in regions of insurrection.
Although the practice is generally decreasing, surveillance of
persons, both visual or through use of listening devices,
continues with no legal restraints. All mail is subject to
government monitoring. Ethiopian citizens can be called in at
any time for questioning by authorities and for mandatory
kebele meetings, political rallies, or marches. Refusal to
appear for any of the above may result in imprisonment without
hearing .
Local kebele association officials monitor urban Ethiopians,
whereas peasant association leaders perform the same function
in the countryside. These officials monitor visitors
received, items brought in and out of houses, any meetings,
and adherence to local curfews. Such surveillance and petty
interference in the private lives of Ethiopian citizens is
very much dependent on the makeup of the kebele and its
leadership .
Government proclamations designed to enforce Socialist
patterns of work make it illegal for a private farmer to
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ETHIOPIA
employ laborers on his farm or to own more than one home.
Such proclamations, however, are apparently ignored in some
remote areas of the country.
The Government's forced resettlement program which was halted
following an international outcry late in 1985, was rife with
abuses, including the wholesale separation of families and
inhumane conditions of transport to resettlement sites up to
700 kilometers distant. There were reports in 1987 that up to
100,000 persons had returned to their native provinces.
Nevertheless, an affirmation of the Government's commitment to
resettlement is incorporated in Article 10 of the new
Constitution, which protects the Government's right to "ensure
that human settlement patterns correspond to the distribution
of natural resources." In accordance with this commitment,
the Government late in 1987 resumed the resettlement program,
announcing plans to resettle 300,000 people in 1 year. By the
end of 1987, however, only a few hundred people had been
resettled. Preliminary reports indicated that these people
had volunteered for resettlement to escape the drought, that
families had been resettled as a unit, that they had been
transported in buses adequate to the task, and that the
resettlement sites were prepared to receive them.
Progress was made in 1987 to reunite unaccompanied
children/orphans with their families. Of the estimated 17,000
unaccompanied children/orphans who were a byproduct of drought
and resettlement, the Ethiopian Relief and Rehabilitation
Commission has placed 9,137 with family members. Although the
reunification effort continues, the Commission estimates that
it may be impossible to locate the families of about 3,000
children.
The Government's mandatory "vi llagization" campaign, which
collects scattered rural farmers into newly created villages,
continued in 1987. It is sanctioned under Article 10,
Sub-Article 3 of the Constitution, which states that "the
State shall encourage the scattered rural population to
aggregate in order to change their backward living condition
and to enable them to lead a better life." According to the
Government, 5,726,530 Ethiopians had been moved into such
villages as of February 1987 (15 percent of the rural
population). The Government has announced plans that call for
31 percent of the rural population to be moved into villages
by July 1988. Rural farmers cannot avoid participating in the
program, and to date almost everyone living in areas scheduled
for vi llagization has been moved into the new settlements.
The program has proceeded in the Gondar region despite some
scattered antigovernment violence in opposition to the program
early in 1987. The Government has devoted few resources to
this large program, so farmers must dismantle their own
houses, transport them to the government-selected village
site, and reassemble them. Social services such as schools,
new roads, or clinics, though promised, are rare. The
Government has repeatedly stated that this program is a
precursor to collectivization of Ethiopia's agriculture.
Despite this goal, over 90 percent of agriculture is still on
an individual family basis.
g. Violations of Humanitarian Law in Armed Conflicts
In 1987 armed conflict between government and various
opposition forces continued in many parts of the country,
especially in the regions of Tigray and Eritrea. In previous
years, there were some reports from insurgent areas of summary
executions of combatants and civilians by both government
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ETHIOPIA
forces and rebel groups. No specific instances were recorded
in 1987. While in previous years there were instances of
relief workers in insurgent areas being killed, no incidents
occurred in 1987. However, a guerrilla group detained a
Western humanitarian relief worker in October 1987; she was
released in neighboring Sudan in November. Another guerrilla
group seized two Western contractors working at a village
settlement scheme in November 1987; they had not been released
by the end of the year. Guerrilla forces continued
indiscriminate mining of roadways as a battle tactic.
Government and insurgent forces reportedly destroyed crops and
homes in their opponents' areas.
On October 23, 1987 insurgent forces attacked and burned
without warning an unarmed and unescorted famine relief
column, destroying 23 late-model trucks traveling to food
distribution centers in Eritrea and Tigray. One driver was
killed, and 400 tons of wheat, enough to feed 40,000 people
for a month, was destroyed. This incident challenged the
famine relief effort, particularly to regions which insurgents
claim to dominate. The temporary severance of crucial
transport links increased the possibility of famine afflicting
hundreds of thousands of civilians.
The number and treatment of prisoners held by government
forces and rebel groups are not known. Some reports indicate
that the treatment of PDRE prisoners by some guerrilla forces
generally has been good. The Government apparently does not
recognize those rebels captured in battle as prisoners of war,
but rather classifies them as guilty of treason and either
executes or imprisons them. The Government considers its own
soldiers captured by insurgent forces as deserters who merit
execution, imprisonment, or immediate reassignment to the war
front if returned. The Government prevents relief
organizations from providing communications with families of
the PDRE prisoners in rebel hands. Of the insurgent groups,
only the EPLF has begun to allow the International Committee
of the Red Cross (ICRC) limited access to some of its
prisoners .
In addition, the Ethiopian-Somalia conflict continued to
simmer in 1987. The PDRE has permitted the ICRC to visit 230
of its Somali prisoners of war, who were captured during the
1977 war between the two countries.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is no freedom of speech or press in Ethiopia. The
Government owns and operates all information media and
exercises censorship through editorial boards and the Ministry
of Information. Expression of unauthorized political opinions
or of views at variance with the official government line can
result in imprisonment. Political, economic, and social
policies in Ethiopia are formulated at top levels of
government, then disseminated and monitored through the
government-controlled media and government-organized citizen
groups .
The Government closely monitors the pronouncements of public
officials, academics, and clergy. Some instructors and
professors in secondary schools and at the university have
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ETHIOPIA
resisted the politicization of education. Academic freedom,
although seriously circumscribed, especially in the political
and social sciences, still finds limited expression at the
university. In October 1987, students at two University of
Addis Ababa campuses demonstrated against dormitory living
conditions and the removal of the dean of students. About 10
students were arrested for their alleged leadership role in
the demonstrations but released a short time later.
Books and magazines can be confiscated if deemed to contain
sentiments opposed to the revolution. Foreign magazines and
newspapers are not readily available since foreign exchange is
not granted to purchase them. Foreign radio broadcasts are
widely listened to in Ethiopia. There is no evidence of overt
attempts by the Government to interfere with radio reception.
b. Freedom of Peaceful Assembly and Association
Notwithstanding constitutional provisions, assembly of any
sort not previously approved by the Government is strictly
forbidden under penalty of arrest. In contrast, attendance at
government-sponsored rallies, meetings, and parades is
frequently mandatory and enforced by a wide range of
sanctions. Ethiopians, traditionally cautious in their
associations with one another and with foreigners, have become
even more so under the present regime. There is a pervasive
system of informers and surveillance. Frequent or close
association with foreigners can result in questioning, arrest,
and detention. Professional associations, such as the Rotary
and Lions clubs, are allowed to operate, though their
membership and activities presumably are monitored by the
Government. Trade and professional associations were
reorganized in 1986 by order of the Workers Party of
Ethiopia. New boards were selected for these groups from
members approved by the party.
Workers are not permitted to organize independently in
Ethiopia, and labor/management negotiations are strictly
controlled. Collective bargaining does not exist. Strikes
and slowdowns are forbidden. The only labor organization
allowed to operate is the government-controlled All-Ethiopia
Trade Union (AETU) . The AETU, one of Ethiopia's mass
organizations, is a political group used by the Government to
implement its policies, expand party control within the
workplace, and prevent work stoppages. Many of AETU's top
leaders have been trained in Eastern Europe, and the
organization has close ties to Soviet and Eastern European
labor organizations. The 1985 report of the International
Labor Organization (ILO) Committee of Experts criticized the
mandatory, single trade union structure in Ethiopia and
repeated its request that freedom of association be granted to
rural workers and public servants.
c. Freedom of Religion
Despite government attempts to deemphasize the importance of
religion in Ethiopian life and to ensure Orthodox Church
conformance with party policies, there has been a notable
resurgence in recent years in religious observance and church
attendance. The Government allows the Orthodox Church and the
Muslim religion (each claims about 50 percent of Ethiopia's
population) freedom of worship and proselytism, as stipulated
in the new Constitution. The Government has appointed some
officials to the Orthodox Church administration to ensure
church conformity with party policies. Party members are
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ETHIOPIA
prohibited from worshiping, but this ban is not enforced.
According to press reports, kebeles often discourage church
attendance, generally by scheduling mandatory meetings on
Sunday mornings. The Government nationalized most church
property when it took power, and the church reportedly is
dependent on annual government compensation payments to cover
clergy salaries.
Orthodox and Muslim holidays are recognized by the Government,
and officials of both religions are allowed to exercise
jurisdiction over civil matters such as marriage. However,
the Government expunges references to any deity from dialog in
television programs and films and forbids such references in
government statements or publications.
Some other religions, particularly foreign Protestant
evangelical organizations, which found their activities
sharply curtailed following the revolution, have experienced a
general trend of greater tolerance by central and local
government officials over the last 2 years. Local government
officials allowed a number of churches that had been closed to
reopen. In 1986 a number of church officials were released
from detention including the General Secretary of the
Mennonite Church (who had been detained since 1981) and
leaders of the Ethiopian Evangelical Mekane Yesu church. The
Government gives permits to foreign missionaries to enter and
work in Ethiopia in limited numbers, although ostensibly as
development specialists, not as missionaries. The Jehovah's
Witnesses, however, remain totally banned.
Ethiopia's small Jewish community (the Falashas) live in areas
of insurgency (Tigray, Gondor) . Stories of "genocidal"
actions by Ethiopian authorities or of highly brutal behavior
toward Ethiopian Jews have not been substantiated by American
visitors to these areas. Jews do suffer some economic
discrimination, a holdover from prerevolutionary practices.
During 1987 the Government continued to permit foreign
visitors, including groups of American Jews, relatively
unrestricted access to Falasha communities in the Gondar
region. These communities also continued to receive
assistance from the U.S. Government and private sources.
Large numbers of Ethiopian Jews have surreptitiously left the
country in recent years. The Government has attempted to
block this exodus as part of its overall antiemigration policy
(see Section l.d.). Those who have left Ethiopia are not
permitted to return to visit family members, and family
members (as with non-Jewish Ethiopians) are generally not
permitted to emigrate on the basis of family reunification.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Although the new Constitution provides for freedom of movement
and the freedom to change one's place of residence within
Ethiopia, actual government practice is quite restrictive.
Travel within Ethiopia is limited as a result of the
insurgencies (several areas, mainly in the northern
administrative zones, are closed to travel for security
reasons). Permission is required for Ethiopian citizens to
change their place of residence, and persons considered
politically suspect can be forbidden to travel outside their
home areas. Travel abroad by Ethiopians is closely controlled
by the Government through the issuance of passports and
mandatory exit visas. Passport applications require a letter
of recommendation from the appropriate kebele head. Foreigners
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ETHIOPIA
in Ethiopia have always been required to obtain a travel permit
for internal travel. In 1987 they occasionally were denied
that permission, although most representatives of the United
Nations and of foreign assistance programs and embassies,
including U.S. officials, have been able to obtain permits to
travel in connection with their assistance programs.
Emigration is highly restricted, except in special
circumstances such as marriage to or adoption by a foreign
national. Leaving Ethiopia without authorization is a serious
offense punishable by 5 to 15 years' imprisonment or, in
exceptional cases, reportedly by death. Nonetheless,
considerable illegal emigration occurs either under the
subterfuge of travel abroad for business or to visit
relatives, or by arduous treks overland and surreptitious
crossing of borders.
The Government recognizes the right of voluntary repatriation,
and its proclamation of mass amnesty for Ethiopians living
abroad (numbering more than 1 million) remains in effect.
From 1983 to 1987, according to figures provided by the U.N.
High Commissioner for Refugees (UNHCR) , approximately 750,000
Ethiopians spontaneously returned to Ethiopia from Sudan,
Djibouti, and Somalia. Most of the returnees were rural
people who returned spontaneously; the outflow of refugees
during the same period was about 550,000. The PDRE supports
UNHCR repatriation programs, which have successfully
repatriated 3,397 Ethiopians from Djibouti since late 1986 and
approximately 5,500 Ethiopians from Somalia during the same
period. Many of the returnees benefited from UNHCR
assistance. There is no evidence that they were mistreated or
discriminated against upon their return.
There have been no reports of the Government forcibly
repatriating refugees from other countries.
As a result of the civil war in southern Sudan, an estimated
103,000 Sudanese refugees entered Ethiopia in 1987, bringing
the total number of Sudanese refugees to about 225,000. The
Ethiopian Government also reports that it has received at
least 10,000 asylum seekers from Somalia.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Ethiopia are not free to change the government.
In fact, the new Constitution institutionalizes all power in
the Workers Party of Ethiopia (WPE) , the President, his
advisors, and the new Council of State. Political and
economic policies are still dictated to the population with
little opportunity for public debate.
To give a semblance of democracy to the newly organized
administration, the Government sponsored a referendum to
approve the new Constitution and an election to choose the
members of the 835-member national Shengo (one-chamber
parliament) from slates of candidates approved by the WPE.
Following public discussion meetings held throughout the
country, the People's Review Board made several changes in the
draft Constitution. Eighty percent of those voting reportedly
voted in favor of the new Constitution.
The WPE and its "mass organizations" purport to offer Ethiopian
citizens a means of participation in government, but its real
role is to ensure adherence to Marxist/Leninist principles.
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ETHIOPIA
The WPE, like its Soviet counterpart, is an exclusive
group--not everyone can join. Some, such as higher-level
government officials, are required to join if they wish to
keep their jobs. Kebeles, the primary party/government
control mechanisms at the local level, control housing
allocation, basic food rationing, political indoctrination,
and implementation of other government policies, such as
registration and selection of youths for national military
service.
The new Constitution mandates the formation of assemblies
(shengos) in the various regions including in the five newly
created autonomous regions. Under the autonomy plan, the
Assembly of the Eritrean Autonomous Region is to have the
exclusive right to promulgate and enforce its own laws so long
as they do not conflict with national laws. The assemblies of
the other four autonomous regions, Assab, Tigray, Dire Dawa ,
and Ogaden, would require permission from the central
government in order to formulate their own laws. The
Constitution also lists a number of responsibilities reserved
for the regional assemblies and their executive committees,
including the preparation of social and economic plans and
budgets for approval by the national Shengo . The PDRE hopes
the autonomy plan will serve as the basis for a political
solution to the various internal insurgencies, but
implementation has not really begun.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government resists attempts by international and
nongovernmental organizations to investigate human rights
cases. It did not respond, for example, to AI ' s various
inquiries in 1986, such as on the reported use of torture.
There is no governmental or private body to investigate
alleged human rights violations. Representatives of the ICRC
in Addis Ababa are allowed to visit some of the prisoners of
war from the 1977-78 war with Somalia. The ICRC does not have
access to prisoners held by Ethiopian-backed rebel groups
opposing the Governments of Sudan and Somalia. Ethiopia is
not a signatory to any of the United Nations' human rights
documents or the African Charter of Human and Peoples' Rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution provides for the equality of all Ethiopians
irrespective of nationality, sex, religion, occupation, social
or other status. The highest government echelons are no
longer dominated by the Amhara ethnic group but include many
Oromos and a few Eritreans and Tigreans. Almost all senior
government and political figures are of Christian origin,
although the population is approximately 50 percent Muslim.
While the rights of women are protected and promised
additional government support by the Constiutution, sexual
discrimination persists. Various U.N. studies indicate
Ethiopian women are subject to many disadvantages,
encountering, among other things, cultural and traditional
biases, marriages imposed at a very young age, hard and
time-consuming labor, inadequate employment opportunities, and
subaverage wages in urban areas. Village leadership is
invariably male, and all clergy are male. However, women in
the principal Ethiopian cultures (Oromo, Amhara, Eritrea, and
106
ETHIOPIA
Tigray) enjoy economic rights equal to those of men. They may
inherit, sell, or buy property and engage in business. In
some rural areas, women have a subservient status within the
home, and child marriages remain common, despite opposition by
the Government. Long-established practices, such as female
circumcision remain prevalent despite government opposition
among Ethiopian Orthodox and Muslim families and is less
common with some other groups.
The Revolutionary Ethiopian Women's Association, a mass
organization created in 1980, has the proclaimed goal of
improving the status of women. Women are poorly represented
at the top echelons of government. There are, however, 46
female members in the 835-member Shengo.
CONDITIONS OF LABOR
The new Constitution recognizes in principal the right to work
and to rest. Given high unemployment, there is pressure for
existing jobs in the modern economy. Accordingly, the minimum
age of 14 for nonfarm labor seems to be respected. The
maximum legal workweek of 48 hours also is generally respected
in practice, but, as noted, there is much volunteer labor to
meet factory or office quotas, and government workers receive
little of their promised time off. Health and safety codes
for the workplace are rudimentary and remain unenforced.
The minimum wage in Ethiopia is about $24 per month.
Additional allowances effectively raise the minimum wage of a
full-time employee to about $34. Day laborers in the
agricultural sector receive almost $1 per day plus some
payment in kind (shelter or a meal, for example). Day
laborers in the urban areas receive almost $1.50 per day plus
transportation to and from the workplace. The minimum wage
has been under review for some time without decision.
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GABON
Gabon has a single-party political system in which effective
political power is concentrated in the presidency. That
office has been held since 1967 by President Omar Bongo, who
is also head of the party. A March 1983 amendment to the
party constitution restricts candidacy in future presidential
elections to the "President-Founder of the Democratic Party of
Gabon," thus reserving presidential candidacy for President
Bongo. He was reelected President on November 9, 1986. In
practice, presidential power is limited by the complexity of
the governmental structure and the diffusion of power through
45 cabinet-level officials led by a prime minister. A
120-member National Assembly is elected from slates chosen by
the single party and meets regularly, but it has little real
power .
Although still a developing country, Gabon has one of the
highest per capita incomes (about $3,000 in 1987) in
sub-Saharan Africa due to its significant petroleum and
mineral resources and its small population. While income
distribution is skewed in favor of the modern urban sector as
opposed to the traditional agricultural sector, most Gabonese
have benefited in some measure from the country's strong
economy. Nevertheless, the drop in world oil prices beginning
in late 1985 has led to a sharp contraction in the economy
which will likely continue in 1988. In general, economic
performance has benefited from longstanding government
policies supporting private enterprise and encouraging foreign
investment .
There was no basic change in the human rights situation in
1987. The country's 1961 Constitution guarantees protection
and respect for the integrity of the person and, with isolated
exceptions, these rights are respected in practice. Political
rights, however, are not guaranteed under the Constitution,
and active political opposition to the sole legal party is not
permitted. There is no evidence of systematic police or other
repression of the population. Gabon released the last of its
political prisoners in 1985. A number of Jehovah's Witnesses,
arrested in late 1986 for attending services, received short
or suspended sentences and fines in 1987. The sect has been
banned since 1970 for alleged antigovernment attitudes.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known political killings or summary executions.
b. Disappearance
There were no known cases of abductions or hostage-taking by
government o'r any other groups. The authorities are sometimes
slow to advise the families of accused criminals or detainees
who are arrested, but there has been no evidence of attempts
to suppress news of an arrest.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In past years the political opposition group, the Movement for
National Recovery (MORENA) , based in Paris, alleged that
108
GABON
several people detained in the Libreville prison on political
charges were mistreated or kept in degrading conditions.
However, family members reported no serious mistreatment, and
these allegations have not been repeated in the last several
years. Police are believed to be rough but not brutal in
their treatment of suspected criminals. Prison conditions are
harsh.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
In Gabon, "acts against the security of the State" and
"actions against the Chief of State," which can include
advocating a multiparty system, are punishable crimes. There
were no reports in 1987 of detention without trial of persons
accused of violations of criminal law. Gabonese law, amended
in September 1983 and ratified by the National Assembly early
in 1984, provides guarantees against arbitrary detention
according to clearly articulated judicial procedure which is
observed in practice. Previously, there was no legal
protection against arbitrary detention.
Forced labor is not used as a means of political coercion or
racial or social discrimination. Some prison sentences for
serious crimes include hard labor as part of the sentence.
e. Denial of Fair Public Trial
The legal system, based upon French law, customary law, and
the 1961 Constitution, gives the President a powerful role and
functions fairly effectively. The right to a fair public
trial is guaranteed by the Constitution and has generally been
respected in practice in criminal cases. In
security/political cases, however, there has been more
controversy and inconsistency. A 1982 trial of 29 alleged
members of MORENA took place in public with representatives of
the international press and Amnesty International present,
while a 1983 trial of four political dissidents took place in
secret. The charges leveled against the accused were
basically the same in both cases, namely, printing and
distributing antigovernment tracts and encouraging the
Government of France to use its influence in Gabon to bring
about a multiparty political system. No known political
prisoners are currently being held. All those convicted in
the 1982 trial were granted full pardons by President Bongo on
June 19, 1986. In 1987 President Bongo continued the practice
of commuting prison sentences on New Year's day for
well-behaved first offenders who were not convicted of first
degree murder or armed robbery. Life terms were reduced to 20
years, and most other terms were cut in half.
The Gabonese court system is modeled on the French judicial
system. Trial courts hear questions of fact and law in civil,
commercial, social, criminal, and administrative cases. A
second level of appeals courts is divided into two general
appellate courts, with a separate appeals court for criminal
cases. Gabon's highest judicial body, the Supreme Court, is
divided into four chambers. There are also three exceptional
courts: a military tribunal which handles all military
offenses, a state security court, and a special criminal court
which deals with fraud and embezzlement of public funds by
officials.
The judiciary is implicitly susceptible to executive
influence, since Gabon's Constitution gives the President the
authority to appoint, transfer, and dismiss judicial officials.
109
GABON
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The various police and security units monitor alleged dissident
political activity, including dissident telephone
conversations, but interference in the daily life of the
populace is relatively rare.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There are limits on these rights in Gabon. No direct public
criticism of President Bongo is permitted, and no advocacy of a
multiparty political system by the media or individuals is
tolerated. The country's single daily newspaper, which is
government owned, regularly prints columns attacking alleged
inefficiency or corruption in various government offices. One
leading journalist was fired in October 1987 when a scathing
column reportedly hit too close to home for some senior
government officials. Foreign magazines and newspapers, which
sometimes criticize the President, notably French publications
and magazines printed elsewhere in Africa, are seized
occasionally by the police, and a few publications are banned.
Journalists are considered to be state employees and are
expected to expound on themes as directed by the Government.
The policies of the Government are occasionally debated in
public forums. The President sometimes holds press conferences,
and his ministers have submitted to lively direct questioning
on television on a broad range of domestic policy issues such
as education, public housing, and transportation.
b. Freedom of Peaceful Assembly and Association
Political activity outside the Democratic Party of Gabon is
illegal. The Government does not interfere in the affairs of
nonpolitical organizations. In some sectors, for example,
sports clubs and social service organizations have been formed.
Labor unions may organize but must be affiliated with the
government-sponsored Labor Confederation of Gabon (COSYGA) ,
which is considered a specialized organ of the Democratic Party
of Gabon and the sole labor federation. The Labor Code (1978)
and the General Convention of Labor (1982) govern general
working conditions and benefits for all sectors. Unions in
each sector negotiate with management over specific pay scales,
working conditions, and benefits applicable to their industry.
Representatives of labor, management, and government meet
annually to agree on the minimum wage, which is determined
within guidelines provided by the Government. Under Gabonese
law, all strikes are illegal which occur before remedies
prescribed under the Labor Code have been exhausted. No
strikes were reported in 1987, although in previous years
workers have organized strikes or job actions over wages and
working conditions. The Labor Confederation of Gabon is a
member of the Organization of African Trade Union Unity.
It is estimated that over half of Gabon's 90,000 salaried
private sector workers are unionized. Government employees are
not permitted to belong to unions. Agreements reached between
labor and management in each sector also apply to nonunion and
expatriate labor. According to the Labor Code, workers may
individually or collectively take complaints of code violations
to arbitration and may appeal to labor and national courts.
These provisions are respected in practice.
no
GABON
c. Freedom of Religion
The Constitution guarantees religious freedom and tolerance.
However, proselytizing has sometimes been discouraged. In 1970
a presidential decree banned several small syncretistic sects
and the Jehovah's Witnesses, and declared illegal the practice
of these "cults." This ban was believed to be the product of
government suspicions that these religious groups were involved
in antigovernment activities. The 1970 decree was reiterated
in 1985. On Christmas Day 1986, security forces in Port
Gentil, Gabon's second largest city, arrested 24 men for
attending a Jehovah's Witnesses service, considered a violation
of the presidential ban on Witnesses' activities. Their trial
ended January 31, 1987; 21 received suspended sentences, and 3
were sentenced to 2 months in prison and each fined about
$300. They are now free. In the aftermath of this incident,
government officials in the human rights area commenced a
dialogue with respected Gabonese Jehovah's Witnesses with a
view to working out a modus vivendi .
As a general rule. Christian, Muslim, and animist religions all
flourish in Gabon, and public worship is unrestricted. There
is no political or economic discrimination because of religious
preference. A number of different religious groups operate
schools. In February 1987, President Bongo took the
extraordinary step of transferring to the Ministry of National
Education the administration of 150 schools run by the
Protestant Evangelical Church of Gabon. The Government said
the move was necessary to minimize the impact on school
children of a 15-year-old leadership struggle which has torn
that church apart and compromised its institutions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Movement within the country and return to Gabon from abroad are
normally not restricted by the Government. Government
employees, however, must obtain permission to travel abroad,
and private citizens must obtain exit permits. Immigration
laws and presidential decrees promulgated in mid-1986 imposed
heavy monetary guarantee requirements on non-French expatriates
working in Gabon and levied $100 exit visa fees for each
departure from the country. Since mid-1983, the Government has
slightly tightened restrictions on the entry and resettlement
of displaced persons, but many persons who have been deemed to
have a "well-founded fear of persecution" in their country of
origin have been given permission to stay in Gabon. There have
been no reported cases of involuntary repatriation. Those
refugees or displaced persons who wish to repatriate
voluntarily are allowed to do so.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Gabon is governed by a centralized, single-party regime in
which President Omar Bongo exercises most political power.
Citizens are unable to change the one-party political system
and therefore cannot change the party in power through the
electoral process. Major political and economic decisions are
made by the President, usually in consultation with cabinet-
level officials. This group of 45 includes representatives of
all the country's major ethnic, geographic, and political
groups. Through this mechanism, Gabon's varied interest groups
are heard, given access to political patronage, and consulted
on national resource distribution. The Fang, an ethnic group
Ill
GABON
comprising about 35 percent of the population, feel themselves
to be underrepresented. Fear of Fang dominance by the
remaining 65 percent has contributed to the President's
political control. The need to maintain the balance of
interests represents, therefore, the major check on
presidential power. The very size and complexity of the
government structure is another significant factor. Opposition
political parties are not permitted. Membership in the single
political party is open to all Gabonese but is not required.
Elections below the presidential level are sometimes contested,
but all candidates must be approved by the Democratic Party of
Gabon. The Central Committee of the ruling party was expanded
in September 1986 and for the first time included two former
members of the MORENA opposition group.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
President Bongo has invited representatives of Amnesty
International and other human rights organizations to visit
Gabon. The United Nations High Commissioner for Refugees
functions in Gabon under the aegis of the United Nations
Development Program. Gabon in 1987 nominated a candidate to
the Africa Human Rights Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
In recent years, women have played an increasing role in r.he
economic, political, and cultural life of the country,
particularly in urban areas. The Government and party have
promoted women's rights, including formation of the National
Commission for the Promotion of Women in 1984, which called for
increased support for health care, nutrition, and literacy
programs for women. The cabinet reshuffle on January 6, 1987,
vaulted a woman into full ministerial rank with the naming of
Sophie Ngwamassana as Minister of Justice. Four other women
occupy cabinet rank positions as secretaries of state. In
September 1986, five women became members of the Political
Bureau of the Democratic Party of Gabon, the first women to
serve at this level of the party. Women are also represented
in the judiciary and occupy 17 seats in the National Assembly.
Nevertheless, in rural Gabon women still fill largely
traditional roles built around family and village. Onerous
duties, such as hauling water, are being lightened as piped-in
water and electricity are gradually introduced in more villages.
The Government's policy of "regroupment"--encouraging the
voluntary consolidation of small rural communities into larger
villages along a road--is designed to enhance delivery of public
services such as water, electricity, and schooling and has the
effect of improving living standards for rural women.
Access to the Government's social programs is open to all
Gabonese citizens on a nondiscriminatory basis.
CONDITIONS OF LABOR
Labor legislation provides broad protection to workers. The
minimum wage for unskilled labor since April 1985 has been
about $200 per month for Gabonese and about $150 for
foreigners. Owing to labor shortages, most salaries are much
higher. There has been little unemployment for Gabonese
112
GABON
wishing to enter the wage economy, though it is increasing as
the economy reacts to the drop in oil prices.
No minor below the age of 16 may work without the authorization
of the Ministries of Labor, Public Health, and Education. It
is rarely granted, and few employees in the modern sector are
below the age of 18. Work over 40 hours per week must be
compensated with overtime, and the workweek must include a
minimum rest of 48 consecutive hours. Pregnant women have a
right to 14 weeks of leave during pregnancy, including 6 weeks
before delivery. The Labor Code describes enforcement of
occupational health and safety standards, which are established
by decree of the Minister of Health. These standards are
enforced by the Government.
113
THE GAMBIA
A former British colony on the West African coast. The Gambia
is a parliamentary democracy with an elected president. Until
a bloody coup attempt in July 1981, The Gambia had a history
of political stability under the leadership of its only
President since independence in 1965, Sir Dawda Jawara. His
ruling People's Progressive Party (PPP) has dominated the
Parliament, but several opposition parties actively participate
in the political process. Two new political parties were
formed in 1986 and joined the ruling party and the existing
opposition National Convention Party in contesting the
parliamentary and presidential elections held in March 1987.
President Jawara was reelected by a large margin, and PPP
candidates won an overwhelming majority in the Parliament.
While there were some allegations of fraud, none were
substantiated, and the elections were judged by most observers
to be free and fair.
Discussions on the process of confederation with Senegal
continued during 1987, albeit slowly, focusing largely on the
economic area. The Gambia has a small army with an attached
naval unit organized and trained by British officers. One
company of The Gambian army has been integrated with
Senegalese troops into a confederal battalion led by a
Senegalese officer. The Gambia also has a gendarmerie of
about 500 members, headed by a Senegalese.
The Gambia's estimated population of 784,000 consists largely
of subsistence farmers growing rice and groundnuts (peanuts),
the country's primary export crop. The Gambia continued in
1987 a stringent program of economic reform which has been
praised by the International Monetary Fund, the World Bank,
and other donors, and has allowed The Gambia to reschedule its
debt and receive critical new loans.
The Gambia continued the human rights improvement begun in
1985 with the lifting of the state of emergency. In April
1987, the President, under the "prerogative of mercy" provision
of the Constitution, granted remission of unserved sentences
to 10 persons, many of whom were convicted of treason and
other crimes connected with the 1981 coup attempt. He
followed this action in May with remission of sentences for
another 24 persons. Fifty-nine persons remain in prison,
serving sentences for crimes committed in connection with the
1981 coup attempt. The President has commuted all death
sentences to life in prison.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no instances of political killings.
b. Disappearance
There were no known allegations of abduction or secret
detention by the Government or by any other group.
114
THE GAMBIA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution contains prohibitions against torture and
other cruel, inhuman, and degrading punishment. There were no
allegations o£ torture in 1987. Prison conditions are severe,
and there have been occasional reports of mistreatment of
prisoners. The Government has expressly disapproved of such
practices. There are segregated prison facilities for men and
women of both maximum and minimum security types. The
Government allows prison visits by representatives of the
local Red Cross and by close family members.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Based on British legal practice, well-developed constitutional
and legal procedures govern the arrest, detention, and trial
of persons accused of crimes. Under these procedures, a
detained person must be brought to trial within 1 week of
arrest. This waiting period, however, can be extended twice,
making 21 days the maximum period of detention before trial.
The Government scrupulously observed legal procedures in
handling the 1,008 persons detained after the coup attempt.
Under the Emergency Act of 1981, which was abrogated in
February 1985, the Government ordered the detention of persons
who were considered to have been involved in acts prejudicial
to public safety for up to 14 days without a detention order
but with the right to legal counsel.
The Labor Administration Act prohibits forced labor, and there
have been no indications that it is practiced.
e. Denial of Fair Public Trial
There were no known political prisoners in The Gambia at the
end of 1987. Sixty-six persons were sentenced to death--after
lengthy public trials--for crimes committed in connection with
the 1981 coup attempt. All the cases have now gone through
appeal, and the President in each death penalty case brought
to him has granted executive clemency in commuting the
sentence to life in prison. No executions have taken place.
One of the 1981 coup leaders was arrested in 1985, tried, and
sentenced to death in 1986. His case was appealed before the
Criminal Appeals Court, and the sentence was reduced to 20
years. To help discourage future coup attempts. The Gambia
Parliament enacted a law in May 1986 which imposes the death
penalty for treason, but which also includes the safeguard
that a person cannot be convicted of treason on the
uncorroborated statement of only one witness.
Three kinds of law operate in The Gambia: general, Shari'a,
and customary law. Shari'a, governing Muslims, is observed in
marriage and divorce proceedings. Customary law covers
marriage, inheritance, divorce, land tenure and utilization,
local tribal government, and all other civil and social
relations originating in the traditional religious and tribal
situation of the country. General law, based on English
statutes and modified to suit The Gambia context, governs
criminal cases and trials and most organized business
practices. If there were a conflict between general law and
Shari'a, general law would prevail.
The Constitution provides criminal defendants with the
traditional rights of the English legal system, such as
115
THE GAMBIA
presumption of innocence, the right of the accused to be
informed promptly of the charges, and the right to a public
trial. If released on bail, the accused person need not come
to trial until the investigation is completed, and there
apparently is no maximum time limit for investigations.
Appeals normally proceed from the Supreme (trial) Court to the
Court of Appeals, the country's highest tribunal.
While the judiciary operates independently and is free of
government interference, judges are appointed by the
Government. Because of the shortage of legal professionals in
The Gambia, the legal system is staffed in part by judges and
prosecuting and defense attorneys from neighboring
English-speaking countries having the same basic legal system
as The Gambia.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides guarantees, which are respected in
practice, against arbitrary search of person and property.
The Constitution permits the voluntary submission by a suspect
to search, or a mandatory search if it is reasonably required
in the interests of national defense or public welfare. Under
the criminal code, search warrants based on probable cause are
issued by magistrates upon application by the police. There
are a few police and military check points in and around
Banjul. Periodically, drivers are stopped and vehicles are
searched.
The rights of family are of extreme importance in The Gambia's
conservative Muslim society. Marriage, the raising of
children, and religious instruction are regulated by a
combination of personal preference and ethnic and religious
tradition. The Government does not normally intrude in family
matters. There is no effort to censor or control personal
correspondence or communications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for press freedom, and the
Government does not attempt to censor published materials,
whether they originate within or outside the country.
However, the Emergency Act, which was abrogated in 1985, did
have an inhibiting effect on criticism of the Government by
the few independent newssheets. In practical terms. The
Gambia, with its small, mainly rural, largely illiterate, and
multilingual population, does not support an active press.
There are no daily newspapers. There is a government
newspaper and a People's Progressive Party newspaper which
come out on a weekly or biweekly basis. There are several
independent, intermittently published, mimeographed newssheets.
Both the opposition and the independent press are sometimes
very critical of the Government. There is, however, some
degree of self-censorship in the government-owned media, which
exercises restraint in reporting criticism of the Government.
There is no television in The Gambia, although Senegalese
broadcasts can be received. The Government dominates the
media through Radio Gambia, but there have been no reported
instances of government interference with the one commercial
radio station which mainly broadcasts music. Foreign
magazines and newspapers are available in the capital.
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THE GAMBIA
b. Freedom of Peaceful Assembly and Association
In general, there is no interference with the freedom of
association and assembly, which is provided for in the
Constitution. The Government almost always grants permits for
meetings but requires that these meetings be open to the
public. One organization, the Movement for Justice in Africa,
which was implicated in the 1981 coup attempt, is banned.
The Labor Administration Act specifies that workers are free
to form associations and have the right to organize and
bargain collectively. However, trade unions are small and
fragmented and are a minor element in Gambian economic and
political life. Less than 20 percent of the work force is
engaged in the modern wage sector of the economy, where unions
normally are active. The Labor Administration Act authorizes
strikes, but because of a required 14-day cooling-off period
(21 days in essential services), government conciliation
efforts, and the poor bargaining strength of the unions, few
strikes actually occur.
The Gambia Workers Confederation, which is supported by the
Government, is an umbrella organization covering about 16
unions. Another umbrella union. The Gambian Workers Union
(GWU) , which was banned in 1982, has recently reorganized with
government approval. The GWU was originally banned in the
late 1970's for an illegal strike, but the ban was lifted in
1982 and then reapplied. The Union is currently in the
process of regaining its prior support. Union members have
the freedom to attend meetings outside the country.
c. Freedom of Religion
The constitutional provisions of freedom of conscience,
thought, and religion are observed in practice. The State is
secular, although Muslims constitute over 90 percent of the
population. The schools provide instruction in the Koran for
Muslim students. Christians, both Catholic and Protestant,
freely practice their religion. There is a small Baha'i
community in Banjul. Missionaries are permitted to carry on
their various mission-related activities. There is no
evidence of discrimination in employment, education, or in
other areas of Gambian life on religious grounds.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement, subject to
conditions protecting public safety, health, and morals.
There is no restriction on freedom of emigration or freedom of
return. Internally, police and military checkpoints exist in
and around Banjul, but there is no evidence that police harass
travelers. Because of historic and ethnic ties with the
inhabitants of Senegal, Guinea-Bissau, Mali, and Mauritania,
people tend to move unregulated across borders, which are
poorly marked and difficult to police. Under the Confederation
Treaty of 1981, neither Gambians nor Senegalese need passports
or visas to travel to the other country. The Gambia also
recognizes the Economic Community of West African States'
(ECOWAS) protocol which allows entry of ECOWAS country
citizens up to 90 days without visas.
Refugees fleeing persecution or unrest in other countries are
not numerous in The Gambia, but the Government and people have
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THE GAMBIA
a reputation for tolerance. There have been no reported cases
of refugees being forcibly deported.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The chief executive (the President) and the members of the
legislature (Parliament) are popularly elected, as are the
district councils and the chiefs, who exercise traditional
authority in the villages and compounds. Citizens must be at
least 18 years of age to vote. Balloting is secret, and
careful measures are employed to assure that illiterate voters
understand the choices and voting procedure.
A functioning multiparty system exists in The Gambia even
though the People's Progressive Party has been in power since
independence. The principal opposition party, the National
Convention Party (NCP) , contests both national and district
elections. Two newly-formed opposition parties. The Gambia
People's Party (GPP) and the People's Democratic Organization
for Independence and Socialism (PDOIS), contested the March
1987 presidential and parliamentary elections. Campaigning
was vigorous, active, and open by all parties. The ruling PPP
won by an overwhelming majority and now holds 31 of 36
elective seats in the Parliament.
Only one (the NCP) of the three opposition parties won seats.
The opposition charged that the election was manipulated by
the Government but could not provide evidence to support its
allegations. The opposition also charged, with some
justification, that the PPP benefited from its control of
Radio Gambia and access to government vehicles for campaigning.
Overall, however, the election was considered by observers to
be free and fair.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government permits visits of international human rights
organizations to observe the conditions of detainees and the
trial process. There were no reported requests by such
organizations for investigation of alleged human rights abuses
in The Gambia during 1987.
The Government is responsive to charges of human rights
violations. When Amnesty International criticized the
Government for the use of chains and shackles on prisoners,
they were removed. The Gambia is a member of the United
Nations Human Rights Commission and of the newly created
African Commission on Human and Peoples' Rights, which it has
offered to host in Banjul. The Government has also proposed
the creation of a quasi-governmental African Center for Human
Rights Research.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The people are overwhelmingly Muslim, and 85 percent of the
population live in villages. While personal initiative and
choice are valued, rights and privileges are generally
collective. Traditional conservative values, especially about
women, are changing, but very slowly. Marriages are still
often arranged, and Muslim tradition allows for polygamy. In
villages the women continue to perform work in the field and
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THE GAMBIA
provide for the majority of local food production. Women also
play an important role in the small, modern wage sector of the
economy. Most are in lighter or semiskilled jobs (e.g.,
assembly work, handicraft shops, bus conductors), very few are
in skilled trades (e.g., carpentry, auto repair), and a small
but growing number are in midlevel supervisory positions
(e.g., tourist hotels and banks). There is no wage or
benefits discrimination for jobs that are performed both by
men and women. Females comprise over one-third of the
students in primary school, and, with growing educational
opportunities, women participate increasingly in the
professions and in political life. The Minister of Health and
the Parliamentary Secretary in the President's Office are
women. In addition, there are women in prominent positions in
the civil service as department heads and undersecretaries.
There is a women's bureau in the Office of the President which
actively promotes debate on women's issues.
CONDITIONS OF LABOR
In the small industrial sector of the economy, labor cards
authorizing employment of youths are generally not issued
until they reach the age of 16 and never below the age of 14.
This control on child labor does not apply to customary chores
on family farms. Minimum wages and hours of work are
determined by the Joint Industrial Council, pursuant to the
Labor Administration Act, which has representation from
employees, employers, and government. These minimum wages,
however, are well below the actual rates paid in the
marketplace. For example, the minimum wage for an ordinary
unskilled laborer is approximately 75 cents per day for an
8-hour day, but in fact such workers now receive about $2.15
per day. Occupational safety and health are covered by the
Factory Act under which the Minister of Labor is given
authority to regulate factory health and safety, accident
prevention, and dangerous trades, and to appoint inspectors to
ensure compliance. However, this system is less than fully
satisfactory owing to the shortage of inspectors. The
Government recently announced that it will submit to
Parliament a new labor code to replace obsolete labor laws and
improve labor conditions, and an Industrial Injuries
Compensation Act to replace the existing Workmen's
Compensation Act. With these changes, the Department of Labor
will also be strengthened.
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GHANA
Ghana is governed by the Provisional National Defense Council
(PNDC) under the chairmanship of Flight Lieutenant Jerry John
Rawlings, who seized power from the previous elected Government
on December 31, 1981. Under the Establishment Proclamation
issued January 11, 1982, the Council exercises "all powers of
government." In practice, government policy is developed by
Chairman Rawlings assisted by a number of close advisers, both
inside and outside government. In addition to Chairman
Rawlings, the PNDC consists of eight members, of which two are
serving military officers and six are civilians (including one
woman and one ex-military officer). The various government
ministries are headed by secretaries, most of whom are
subordinate to a PNDC member responsible for that particular
area of government. A country-wide network of Committees for
the Defense of the Revolution (CDR's) is designed as a channel
to transmit government policies to the citizens and citizen
concerns to the Government.
Several security organizations in Ghana report to various
sections of the Government, but all come under the control of
the PNDC. Most security cases of a political nature are
handled by the Bureau of National Investigation, which reports
to both the Ministry of the Interior and the PNDC member
responsible for security issues.
Starting in 1983, the Government adopted an Economic Recovery
Program in an effort to redress a guarter century of economic
mismanagement and political instability which, combined with a
severe drought in the early 1980's, caused Ghana to decline
from one of Africa's most promising economies to near collapse.
Conducted in concert with the International Monetary Fund
(IMF), World Bank (IBRD), and consultative groups of bilateral
donors, the recovery program has had a positive effect. The
economy has grown for 5 consecutive years (in 1987 by a
projected 5 percent). Inflation, which had been brought down
from triple digits to the teens, rose again in 1987 to a
projected 30 percent.
Under Chairman Rawlings, a notable development has been the
continuing restoration of civil order after an initial
18-month period of revolutionary excess in 1982 and 1983.
Discipline has generally been improved in the armed forces and
the police. There were no coup plots reported in 1987. The
Government, through a National Commission on Democracy
established in 1984 under the chairmanship of a PNDC member,
continued in 1987 to "study" means of restoring a democratic
system. In July 1987, guidelines were set out for district
level elections. In October 1987, the Government began a
process of registering voters for these elections. Procedures
for future elections at the regional and federal levels have
not been established. The potential for arbitrary deprivation
of liberty was demonstrated by continuing instances of
incarceration without formal charges during sometimes lengthy
investigations. A system of public tribunals, which parallels
the regular-court system, is designed to expedite the judicial
process, but is criticized for not enforcing procedural
safeguards, effectively enough to constitute due process.
Rn-77Q n _ ftR _ c;
i20
GHANA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reported instances of politically motivated or
governmentally instigated deaths.
b. Disappearance
No disappearances traceable to government action or to
nongovernmental or opposition forces were reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There have been occasional credible allegations of torture and
beatings. In 1987 a jailhouse official was sentenced to death
for beating a detainee to death but is appealing his case.
Prisons in Ghana are antiquated, and conditions are stark.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Ghanaian security forces occasionally take persons into
custody, with or without a warrant, and hold them incommunicado
for extended periods of time. When the Ghana Bar Association
has taken steps to try to free some of these persons, the PNDC
has either stood aside and permitted their release or has
retroactively interposed preventive custody orders barring
their release and citing national security considerations as
justification .
In more routine criminal cases, detentions are generally
performed in accordance with the legal procedures set forth in
the criminal code. This code requires that an arrested person
be brought before a court within 48 hours. However, the court
can refuse to release a detainee on bail and instead "remand"
him without charges for an indefinite period of time, subject
to weekly review as a case is investigated. Habeas corpus is
limited by a 1984 law which prevents any court from inquiring
into the grounds for the detention of any Ghanaian under PNDC
Law 2 (which set up the National Investigation Committee and
gave the Committee the power to investigate virtually any
allegation referred to it by the PNDC).
There are no reliable estimates of the number of political
detainees and prisoners in Ghanaian prisons. No minister of
the prerevolut ionary Government remains in detention. Some
officials of the former Government who fled Ghana in 1982 and
1983 have quietly returned and resumed careers outside of
politics, apparently convinced that the danger of detention
has now passed; others have assumed government posts.. The
Government does not announce detentions or releases, but in
1987, as in previous years, a number of prisoners remained in
detention without charge or trial. In its 1987 Report,
Amnesty International (AI) noted that at the end of 1986 at
least 50 people, most of whom were believed to be military
personnel, were being held without charge or trial under the
Preventive Custody Law of 1982 (PNDC Law 4). In late July
1987, AI issued a statement expressing concern at the arrest
and detention of three Ghanaians on July 15 and stating that
they may be "prisoners of conscience" imprisoned for the
nonviolent expression of their political beliefs. The names
121
GHANA
of these three individuals were added to an AI list of four
other Ghanaians detained in May 1987 without charges.
In 1987 two American citizens were arrested and held without
charge for many weeks, and in neither case were U.S. Embassy
officials notified of the arrests in a manner consistent with
international law and practice. One of the Americans died in
jail, apparently of natural causes, before the Embassy was
notified of his arrest.
Ghana prohibits forced labor, except in the case of convicted
criminals. Convicts can be found working on private farms and
construction sites as part of government programs to reform
and resocialize convicted criminals. There are no reported
instances of forced exile. However, there are cases of
Ghanaians abroad who hesitate to return for fear of political
persecution.
e. Denial of Fair Public Trial
In the existing regular "prerevolutionary" court system,
traditional legal safeguards are based on British legal
practice, e.g., the right of defendants to present evidence
and to cross-examine witnesses. This system includes high
courts, appeal courts, and a Supreme Court headed by a Chief
Justice. Questions exist, however, about the independence of
the regular courts. In April 1986, the PNDC overturned one of
its own decrees, which provided for full hearings before a
judge could be removed from office, and summarily dismissed 16
judges, including 2 judges of the Court of Appeal (Ghana's
second highest court). The PNDC alleged that these judges
were guilty of various forms of malfeasance in office, but no
formal charges were brought against them, and no hearings were
ever held. Many legal observers believe that, by this action,
the PNDC has put judges in the regular courts on notice that
they serve at its sufferance. The Ghana Bar Association has
urged the reestablishment of a judicial council to protect
judges from arbitrary dismissal and preserve judicial
independence .
A separate public tribunals system was set up in 1982 to
parallel the regular court system. It includes the office of
Revenue Commissioners, the National Investigations Committee,
the Special Military Tribunal, and the Public Tribunals Board,
as well as the public tribunals themselves, which operate at
the national and regional levels and are planned for district
and community levels. Critics have complained that there are
no Ghanaian laws specifying which cases should go before these
tribunals and which before the regular court system. The
Government's announced purpose when it established this system
was to provide more justice to more people in a more timely
fashion by deemphasizin'g legal "technicalities." No appeals
were permitted until 1985, when a National Appeals Tribunal
was created. Critics contend that this system depends largely
on judges /^ith little or no legal experience and that it
shortcuts legal safeguards in an effort to speed proceedings.
The panels of presiding judges contain more laymen than
lawyers, there are no published guidelines concerning the
admissibility of evidence, and conviction is by majority vote
of the panel trying a case. Critics also contend that
meaningful appeals are impossible because no adequate record
is kept of initial hearings before tribunals. Judges on the
appeals panel are drawn from the same pool of "lay judges" who
hear the initial cases. The public tribunals enforce the PNDC
122
GHANA
policy o£ imposing the death penalty for offenses that are
essentially economic in nature.
The members of the Ghana Bar Association, citing such
shortcomings, have elected not to practice before the
tribunals. This means that in practice defendants may appear
before the public tribunals with inadequate or no legal
representation. In 1985 the Government approved the creation
of a legal aid program, but this program is yet to be more
than marginally implemented.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The individual citizen is, for the most part, free from
interference by the State in his or her private conduct,
although some critics fear that the Committees for the Defense
of the Revolution (CDR's) have the potential to become
"neighborhood watch committees." The Government holds that
all citizens are "members" of the CDR's, although at present
actual participation in the system is voluntary. Monitoring
of telephones and mail is presumed to occur, but is rarely
reported. Forced entry into homes has been reported in
connection with security investigations. Informers exist and
some Ghanaians hesitate to speak frankly at public gatherings.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The freedoms of speech and the press guaranteed under the now
suspended 1979 Constitution have been abrogated, but the PNDC
Chairman has publicly encouraged people to speak out on local
community concerns, though not on government policy. The
Government owns the radio and television stations and the two
principal daily newspapers. Reporting on external events
draws heavily from various wire services and tends to reinforce
the Government's foreign policies; the press avoids criticism
of Ghana's foreign policies. The press also avoids criticism
of the revolution or of Chairman Rawlings and PNDC members. In
general, it accentuates positive aspects of the revolution,
but does on occasion report instances of corruption and
mismanagement. Critics have charged that fear of government
retaliation has led to a "culture of silence." Private
organizations s^ch as the Ghana Bar Association voice
occasional dissent from official policies but are typically
denied access to the media and have difficulty reaching the
public with their views.
Several privately owned newspapers have tried to be relatively
bold in reporting selected issues. The Pioneer, one of three
remaining independent papers, has at times criticized the
Economic Recovery Program. However, many privately owned
newspapers, for various reasons, have since closed down. In
1986 the Government limited supplies of newsprint to the
independent press, thereby reportedly forcing one newspaper
into bankruptcy. In December 1985, the Government banned
publication of the Catholic Standard; it remains banned.
Foreign periodicals such as West Africa are sold freely
throughout Ghana; there appears to be no attempt to exercise
censorship. Western journalists are now routinely accorded
visas and press credentials as opposed to the practice of a
few years ago.
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GHANA
Academic freedom tends to be respected within the confines of
the campus. In the spring, university students demonstrated
over campus issues which assumed political overtones.
Eventually all three universities were closed in midsemester,
but they reopened several months later when courses were
completed and examinations held. Students dismissed at the
time of the spring demonstrations by the Government were
allowed to return to campus.
b. Freedom of Peaceful Assembly and Association
Individuals generally are free to join together formally or
informally to promote benevolent or nonviolent causes, but
restrictions remain on association for the purpose of
protesting government policies. Political meetings are
banned, and political parties are not permitted. Permits are
required for public meetings but are routinely granted except
when the meeting has an overtly political purpose.
The Trades Union Congress (TUC) is led by officials freely
elected in 1983. The next TUC convention, at which new
officials are to be elected, was scheduled for December 1987
but postponed until early 1988 for organizational reasons.
The TUC is associated with the International Labor Organization
(ILO) and with the Organization of African Trade Union Unity
(whose headquarters are located in Accra) . The right to
strike is recognized in law and in practice, although the
Government has taken strong actions to end strikes, especially
those which threaten interests it perceives to be vital.
Wildcat and unauthorized strikes numbered 19 in 1986 and 17 in
1987.
Trade unions engage in collective bargaining with both private
sector and state-owned enterprises, though in the latter
category there are indications that the Government has, on
occasion, used brief detentions and threats against union
leaders to force agreement on issues. At the end of 1987, no
union officials were under detention for union-related
activities. During a period of tension in the spring involving
students and union members, the government-controlled press
sharply criticized some unions and union leaders, and there
were allegations of other government pressure against the
unions behind the scenes.
c. Freedom of Religion
There is no state-favored religion and no restriction on the
exercise of religion or on contacts with others of the same
faith. Most Ghanaians, including senior government officials,
are practicing members of religious groups, and there are no
particular advantages or disadvantages to membership in any of
them. The PNDC has been sensitive to church criticism of
Ghana's human rights record, and in 1987 Chairman Rawlings
renewed the charge that worldwide church and Christian
organizations may be havens for foreign spy networks. The
Chairman has also criticized importation of commodities in the
name of the church to avoid import duties. The PNDC has
banned religious publications for alleged political content.
Foreign missionary groups operate throughout the country,
although religious groups which advocate refusal to recognize
Ghanaian symbols of authority have been strongly criticized by
the Government. In September seven teachers who were
Jehovah's Witnesses were dismissed from their jobs for
refusing to recite the national pledge of allegiance or sing
the national anthem.
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GHANA
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
People are free to move from one part of the country to another
without special permission. Police roadblocks continue to
exist countrywide, allegedly for the prevention of smuggling,
but are less obtrusive than in the 1982-84 period. Roadblocks
and car searches are still a normal part of nighttime travel
in Accra but are no longer conducted during the day.
As members of the Economic Community of West African States
(ECOWAS), Ghanaians are eligible to travel without visas for
up to 90 days anywhere in West Africa. Ghanaians are generally
free to exercise this right, and nationals of other member
states are free to travel to Ghana. The Ghana-Togo border,
closed following allegations by Togo of Ghanaian involvement
in a 1986 coup attempt against the Government of Togo, was
reopened in the summer. The major restraints on travel by
Ghanaians are lack of foreign exchange and long delays in the
issuance of passports. Ghanaians are free to emigrate or to
be repatriated from other countries. If a person is considered
a security threat, special permission to travel outside Ghana
must be obtained.
There is no forced resettlement of populations. While
unregistered refugees from the Sahelian drought in neighboring
countries remain, efforts to settle these basically nomadic
people have had only limited success. Only some 150 refugees
are registered with the United Nations Human Rights Commission,
and they do not constitute a significant problem for the
Government .
Section 3 Respect For Political Rights: The Right of Citizens
to Change Their Government
Under PNDC Law 42, Chairman Rawlings and the PNDC exercise
total executive, legislative, judicial, and administrative
power in Ghana. There is no current procedure by which
citizens can freely and peacefully change their laws,
officials, or form of government. The National Commission on
Democracy was established in 1984 to design new democratic
structures which would eventually replace Ghana's existing
provisional system. On July 1, 1987 a "blue book" was
published on the "creation of district political authorities
and modalities for district-level elections." Voter regis-
tration was conducted in October and November 1987 for the
election of district assemblies in the last quarter of 1988.
However, the duties and areas of authority of these district
assemblies remain vague. No plans have been announced for
regional or national elections. Efforts to give substance to
the revolutionary slogan, "power to the people," have included
elections for leadership positions at the local level of the
Committees for the Defense of the Revolution.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government cooperates with the International Committee of
the Red Cross, and there is a chapter of AI in Ghana. There
are seyeral other groups in Ghana concerned with human rights,
and they tend to be objective but not especially vocal or
effective in their reporting. Nevertheless, various
independent groups and organizations have worked for and have
sometimes succeeded in gaining the release of persons from
125
GHANA
custody. As far ^s is known, no representatives of
international human rights organizations visited Ghana in
1987. Ghana has neither signed nor ratified the African
Charter on Human and Peoples' Rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination based on race, language, religion, or social
status is not an issue in Ghana. Women's rights in business
and the civil service have long been well established and
respected. One woman serves as a member of the ruling PNDC,
another serves in the Cabinet, and at least six hold subcabinet
positions. Women in Ghana have traditionally had a major
societal role. Women in urban centers and those who have
entered modern society encounter little apparent bias, but
role pressures do exist. Women in the rural agricultural
sector remain subject to constraints associated with
traditional mores of male dominance, in spite of efforts by
the Government to curtail such practices.
In 1985 the Government promulgated four laws which overturned
many of the discriminatory customary, traditional, and colonial
laws; these concerned family accountability, intestate
succession, customary divorce registrations, and the
administration of estates.
CONDITIONS OF LABOR
Working conditions in Ghana are governed by labor legislation
which specifically prohibits forced labor, sets a minimum
employment age of 15, and prohibits night work and certain
types of hazardous employment for those under 18 years of
age. In fact, child labor is prevalent, for example, on local
buses where children of the drivers often serve as money
collectors. The minimum wage, which applies to Government
employees but is only indicative for the private sector, was
raised 25 percent on January 1, 1987. Through both government
directives and union contracts, the normal hours of work are
defined in terms of a 40-hour week. Labor legislation
provides for labor inspectors and gives them the power to
order the alteration or closing of any work site "to avert any
threat to the health or safety of the workers." Inspections
take place and are as effective as possible under
circumstances of a troubled national economy and scanty
resources. Terms of employment and protection against
arbitrary discharge are also covered by existing legislation.
126
GUINEA
In 1987 the Guinean Military Committee for National Recovery
(CMRN) continued its hold on political power as General
Lansana Conte entered his fourth year as Head of State. The
CMRN assumed power in 1984 after the death of Sekou Toure,
inheriting a 27-year legacy of mismanagement and leftwing
authoritarianism. With the Constitution suspended since 1984,
the military Government rules through ordinances, decrees, and
decisions issued by the President and various ministers. The
Guinean penal code, which took effect in 1965, regulates
treatment of prisoners, delegates authority to permit public
assemblies, and provides some guarantees of personal liberties.
The code was generally disregarded during the Toure regime.
The CMRN, however, has increased enforcement of the code, and
it remains the only major legislative guarantee of certain
rights .
The armed forces number about 9,000 persons, with the army
alone consisting of some 8,000 officers and soldiers. The
national police (gendarmerie) helps provide internal security,
as does a well-armed presidential guard.
Eighty percent of Guinea's population of 5.8 million is
dependent on subsistence agriculture, with per capita annual
income estimated at barely $300. The country relies largely
on mineral resources, mainly bauxite, for export income which
has been declining due to falling world prices for bauxite.
Under the CMRN, Guinea has been attempting to create an
economic environment conducive to free market activities, and
its comprehensive economic reform program has diversified the
small salaried work force and made it less dependent on public
service jobs.
Guinea's human rights record was tarnished in May 1987 when,
after secret trials, the CMRN confirmed that 58 persons,
including 9 former cabinet ministers and 30 military officers,
had been sentenced to death. Another 143 persons were
sentenced to imprisonment. Some of the victims had been
supporters of Guinea's former dictator, Sekou Toure. Others
were opponents of the CMRN regime who had attempted a coup in
July 1985. A December 31 presidential amnesty released 67
persons, including the widow and son of Sekou Toure.
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
On May 5, 1987, the ruling CMRN issued a communigue announcing
death sentences for 58 opponents of the current regime and
supporters of the former Government. Twenty-one of the 58
were sentenced in absentia. International press reports
claimed the remaining 37 had been summarily executed before
the sentencing was even announced, probably immediately after
the 1985 coup atttempt.
b. Disappearance
No politically motivated abductions or disappearances were
reported during 1987.
127
GUINEA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The CMRN has denounced the human rights atrocities of the
former Toure dictatorship and has begun to enforce provisions
of the 1965 penal code which forbid torture and abuse of
authority. Some mistreatment of prisoners continues, and
prison conditions remain squalid and unsanitary. The
Government is attempting to implement judicial and prison
reforms which will improve conditions. A program to train
wardens and other prison personnel is being developed with the
help of the International Committee of the Red Cross (ICRC).
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Government does not have total control of the police, and
weak discipline in the lower ranks of the police, gendarmerie,
and military forces has led to isolated abuses. For example,
low level officials reportedly continue to make unauthorized
arrests in an attempt to supplement low salaries through
extortion. Presidential admonitions and frequent campaigns
against this practice in the government-owned media have not
succeeded in eliminating this practice. By law, an accused
criminal can be held incommunicado for 72 hours and only has
the right to counsel after first appearing before a judge.
There are sometimes delays in acknowledging arrests of common
criminals. Political prisoners, such as those held after the
1985 coup attempt, have been detained for extended periods of
time .
Compulsory labor is prohibited and not practiced in Guinea.
e. Denial of Fair Public Trial
The number of political prisoners and detainees still in
prison is not known. The CMRN communique of May 5, 1987, also
announced that 143 opponents of the regime were sentenced to
prison terms of 28 months to 8 years. Most of these prisoners
had been held since 1985. A presidential amnesty on December
31 released, according to the Government, 67 of these persons,
including the widow and son of former dictator Sekou Toure.
Much of the information concerning procedures of arrest,
interrogation, detention, sentencing, and release of
prisoners, under the jurisdiction of the Court of State
Security and the Military Court, was not available.
The Court of State Security was established in 1985 under the
CMRN to try cases involving national security, including, but
not limited to, treason. Civilian officials of the former
regime and civilians implicated in the July 1985 coup attempt
were tried by the Court of State Security in secret
proceedings. All accused were charged with committing common
crimes and were represented by lawyers. Sentences for some of
the accused were announced only in May 1987. Likewise, the
Military Court, also created in 1985 with jurisdiction over
offenses committed by Guinean military personnel, held secret
proceedings to judge those military personnel involved in the
July 1985 coup attempt. Details regarding those proceedings,
including verdicts and sentences, remain undisclosed.
Guinea's judicial and institutional reform continued in 1987,
including new licensing procedures for attorneys, notaries,
bailiffs and marshals. The Guinean penal code contains
provisions for presumption of innocence of accused persons,
independence of judges, equality of citizens before the law.
128 ^
GUINEA
the right of accused to counsel and to appeal a judicial
decision, and provisions for amnesty. The judiciary has
courts of first instance, or justices of the peace, at the
local level and two courts of appeal (one in Kankan, one in
Conakry). The Court of Annulment is the Guinean court of last
appeal .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government has stressed traditional family values and the
inviolability of the home. In general, the CMRN is less
willing than the previous regime to abuse police powers. In
1987 the CMRN increased police authority to fight rising
crime, but arbitrary interference in citizens' lives
continues, including through police harassment. Though not
officially sanctioned, mail and telephone calls are subject to
monitoring in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and the Press.
All media are owned and operated by the Government, and
freedom of the press does not exist. The Guinean penal code
contains numerous restrictions on speech and press freedoms;
authors must indicate name, profession, and place of residence
on every article published. Publications which incite crime
or are contrary to good morals are prohibited, as are insult,
defamation, and libel. The Ministry of Information and
Culture continues to act both as administrator and censor and
has permitted some movement in the direction of press
freedom. There was increased investigative reporting and more
noncontroversial editorials in the government-controlled media
during 1987. Many foreign publications circulate freely in
Guinea, including some critical of the Government, and no
attempt is made to interfere with foreign radio broadcasts.
Foreign press reports have raised public consciousness of
human rights issues in Guinea. A cabinet-level film
censorship board was established by decree in July 1987.
b. Freedom of Peaceful Assembly and Association
Public gatherings can take place only with the approval of the
Government. The CMRN has encouraged the formation of
nongovernmental organizations, and a number were chartered by
the Guinean Secretary of State for Decentralization in 1987.
However, governmental respect for peaceful assembly has not
been uniform. For example, meetings of the Rotary Club of
Conakry were briefly suspended in late 1986 after a government
official felt he had been insulted by the club. The Guinean
penal code bans any meeting which has an ethnic or racial
character or any gathering "whose nature threatens national
unity. "
Most salaried Guineans--many of whom are civil servants--are
affiliated with the Guinean National Labor Confederation
(CNTG), a relatively new organization with close ties to the
Government. Nongovernment workers can strike only with the
permission of the CNTG board, a reguirement which reduces the
likelihood of strikes. The Government has dealt severely with
wildcat strikers in the past. In April striking bus drivers
returned to work after strike leaders were summarily
dismissed. The strike was not sanctioned by the CNTG.
Collective bargaining has taken place in Guinea, most notably
129
GUINEA
in 1986 when the CNTG concluded an agreement with the mining
companies. The CNTG maintains relations with recognized
regional and international bodies, including the International
Labor Organization (ILO).
c. Freedom of Religion
Guineans enjoy religious freedom and tolerance of all faiths.
Missionaries can proselytize in Guinea. Although an estimated
85 percent of the population is at least nominally Muslim,
there is no official state religion. The Government observes
both major Christian and Muslim holidays.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Guineans are free to move about the country and to change
place of residence and work, although in practice they face
harassment by police and military at unauthorized roadblocks,
particularly at night. It is common for individual citizens
to pay bribes to avoid police harassment. The Government
acknowledges that drug-related crime and juvenile delinquence
have been increasing, and police patrols and authorized
checkpoints have multiplied. Foreign travel for Guinean
citizens is complex, involving considerable red tape to obtain
passports and required exit visas. Foreigners are required to
obtain prior authorization for travel into the interior of
Guinea. Recently this authorization has been granted almost
routinely.
The rapid increase in the number of Western expatriates in
Guinea since the CMRN seized power caused the Government to
tighten immigration and residence requirements for foreigners
in 1987. Foreigners require exit visas to leave Guinea.
Applications are occasionally delayed. The Government has
encouraged Guinean expatriates, including former exiles of the
Sekou Toure regime, to return home. There are still
significant numbers of Guineans living in neighboring African
countries and in France.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Guinea has had no long-term experience with democracy since
independence, and citizens are unable to change their
government under democratic procedures. The CMRN banned
political parties when it took power in April 1984, and formal
political activity does not yet exist in Guinea.
Decentralization remained a major theme in 1987, and the
Government strengthened development of local government
advisory bodies at the village level in rural areas.
Nonpartisan elections have taken place in most parts of the
country, at the subpref ecture level, for selection of
officials responsible for local development projects, and
social issues. These officials complement the subprefects,
prefects, and provincial governors appointed by the military
authorities in Conakry.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Human
Rights Violations
After the May 1987 announcement regarding the sentencing of
201 persons, the CMRN allowed Amnesty International (AI) to
send a two-member team to Guinea to investigate the legal
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GUINEA
proceedings of the Court of State Security and the Military
Court. The AI team had access to high level government
officials and to families and friends of the victims. The
Government permits a local affiliate of AI to operate.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Racial or ethnic discrimination is prohibited by the penal
code, but discrimination and mutual suspicion still affect
relations across ethnic lines within and outside the
Government. The CMRN has made efforts to include
representatives of all major ethnic groups in the Government,
but the Soussou group, to which President Conte belongs,
predominates at the highest, most influential levels. The
Government repeatedly urges Guineans to think of themselves as
a nation and not as members of a particular ethnic group.
Women in Guinea enjoy a special status conferred by law and
custom. A 1986 decree created a national Office on the
Condition of Women in the Secretariat of State for Social
Affairs. Guinean women have held cabinet posts,
ambassadorships, judicial positions, and other high level
government posts. Women are prominent in music, dance,
sports, and business throughout the country. Nevertheless, in
traditional, rural Guinea, women's rights are more limited by
custom. Overall, women lag behind in school enrollments and
in employment opportunities. The Government has affirmed the
principle of equal pay for equal work, but in practice women
receive less pay than men in most jobs.
CONDITIONS OF LABOR
Children are not usually employed in nonfarm jobs outside the
family. Guinea's labor and social security laws provide for
modest compensation for work-related accidents and illnesses.
Guinea's new labor code, drafted with ILO assistance, will set
higher standards for occupational health and safety, a
standardized workweek, and a minimum employment age of 17.
Significantly higher standards apply to modern mining enclaves.
In practice, application of labor standards and laws outside
the mining enclaves is highly variable. There is no minimum
wage.
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GUINEA-BISSAU
The Republic of Guinea-Bissau adopted a constitutional form of
government in May 1984, when the 4-year-old Revolutionary
Council established after the 1980 coup d'etat was abolished.
Following the promulgation of the Constitution, one-party
elections were held for the National Popular Assembly, which
in turn elected General Joao Bernardo Vieira to a 5-year term
as President of the Council of State and chose the other
members of the Council. According to the Constitution, the
Assembly decides fundamental questions of internal and
external policy, but it meets infrequently and effective power
and day-to-day control rests in the hands of the President,
the Council of State, and the party. The President serves as
Head of State, Commander-in-Chief, and General Secretary of
Guinea-Bissau's sole political party, the African Party for
the Independence of Guinea and Cape Verde (PAIGC) . Although
the President is the most powerful member of the Council,
decisionmaking is collegial rather than autocratic. The party
selects all candidates for office.
The armed forces (FARP) are responsible for state security,
both external and internal, as mandated by the Constitution.
The FARP leaders are usually members of the PAIGC and often
hold key positions in the Politburo or Central Committee.
Guinea-Bissau remains one of the least developed nations,
dependent upon foreign aid for its survival. The Government's
postindependence efforts to exercise central control over the
economy resulted in chronic shortages of most basic
commodities, high unemployment, and a weak national currency.
In 1987 the Government, continuing a program of economic
reform which began in late 1983, imposed a series of severe
austerity measures to stimulate agricultural production and
promote a shift from a state-run centralized economy to a free
market system. While the 1987 reforms resulted in strong
growth of the private sector, inflation remained high and the
urban populations witnessed a sharp drop in their standard of
living and purchasing power.
Persons accused of political crimes are tried by military
tribunals. Approximately 40 men remain imprisoned on an
island in the Bijagos Archipelago. Most of these prisoners
are serving sentences for complicity in a plot to overthrow
President Vieira in October 1985. There have been no
executions since six leaders of the 1985 plot were executed in
July 1986.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of officially inspired political killing.
b. Disappearance
There were no known cases of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no known instances of torture and other cruel,
inhuman, or degrading treatment or punishment in 1987. The
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GUINEA-BISSAU
Constitution prohibits cruel and inhuman punishment. However,
prison conditions are unsanitary and cramped, and interrogation
methods are severe. Prisoners' families routinely bring them
food and medical supplies.
Amnesty International (AI) received reports in 1986 that some
of the detainees arrested in connection with the 1985 coup
plot had been beaten and otherwise ill-treated.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Arrests in Guinea-Bissau are frequently arbitrary, as arrest
procedures are undefined and the use of arrest warrants is the
exception rather than the rule. The modern legal system,
inherited from the Portuguese colonial regime but modified by
the Constitution, includes important procedural rights, such
as the right to counsel and the right to a judicial
determination of the legality of detention. Bail procedures
are observed erratically. The Government has on occasion
detained members of movements deemed hostile to the regime,
such as the Yanque-Yanque religious movement. The Government
has the legal right to exile prisoners but did not do so in
1987.
There is no forced or compulsory labor in Guinea-Bissau.
Conscientious objectors are not exempt from military service.
e. Denial of Fair Public Trial
Traditional law still prevails in most rural areas, and many
urban dwellers continue to bring judicial disputes to
recognized traditional counsellors. The official judicial
system is based on the Portuguese model. With some exceptions,
intervals between arrest and trial are often lengthy. All
defense lawyers are court-appointed, as private legal practice
is prohibited. The judiciary is a part of the executive
branch. Trials involving state security usually are not open
to outside observers and are conducted by military tribunals.
FARP members are tried by military courts for all offenses.
The Supreme Court is the final court of appeal for both
civilian and military cases except those involving national
security matters, in which instance the Council of State
reviews all decisions.
The 1986 trials of former Vice President of the Council of
State, Colonel Paulo Correia, and 55 others took place before
the Superior Military Tribunal, the highest military court.
The 12 persons sentenced to death appealed to the Council of
State for clemency and, as a result, 6 had their death
sentences commuted to 15-year prison terms. AI attended one
session of the trial, and its 1987 report states it informed
the Government of its concern that the trial had not conformed
to international standards of fairness. However, it noted
there had been an invited audience and the defendants had
legal counsel.
Of those convicted in the 1986 trials described above, an
estimated 40 men remain incarcerated at a prison labor camp on
an island in the Bijagos Archipelago. Although isolated from
outside observers, the prisoners are reportedly under light
guard and are responsible for growing much of their own food.
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GUINEA-BISSAU
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution guarantees the inviolability of domicile,
person, and correspondence. These guarantees are not always
respected in cases of serious crimes or state security when,
for example, the use of search warrants is rare. International
and domestic mail is subject to surveillance and censorship.
Section 2 Respect for Civil Liberties Including:
a. Freedom of Speech and Press
The Constitution guarantees freedom of intellectual, artistic,
and scientific expression, with the significant exception of
cases in which these rights are exercised in a manner "contrary
to the promotion of social progress." In fact, the Government
controls all information media and views the press as a vehicle
of the party. Self-censorship by journalists is common;
however, some criticism and questioning of policies is
permitted, although never of individual officials. In 1987
one journalist was fired from the national radio station
following an interview with a minister during which he
allegedly asked hostile questions.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and Government approval is not required for
peaceful assemblies and demonstrations. However, all existing
organizations and associations are linked to the Government or
the party, including the sole labor union, the National Union
of the Workers of Guinea-Bissau (UNTG) , and antigovernment
meetings are not tolerated.
The UNTG is affiliated with the Communist-controlled World
Federation of Trade Unions and is a member of the Organization
of African Trade Union Unity. Strikes, while not specifically
forbidden, do not occur. The manufacturing sector is extremely
small and many major enterprises are state owned. The
overwhelming majority of salaried workers are employees of the
State, and the UNTG is forbidden to organize these public
workers .
c. Freedom of Religion
Religious freedom is guaranteed by the Constitution and has
been respected. Christians, Muslims, and animists worship
freely, and proselytizing is permitted. However, the
Government is concerned over a new and growing religious
movement known as the Yanque-Yanque . This movement, founded a
few years ago by a woman who claims to receive visions and to
have healing powers, finds its support mainly among young
people of the Balanta tribe. Yanque-Yanque is a monotheistic
religion which rejects traditional animist. Christian, and
Muslim values and is characterized by unusual and sometimes
violent rituals which include the taking of a locally produced
narcotic mixture. These rituals have occasionally caused
physical harm to participants and even to persons outside the
movement. The Yanque-Yanque reject modern social and economic
structures including, by implication, the Government. While
Yanque-Yanque does not presently constitute a political
movement, the Government has maintained surveillance on
members and occasionally questioned, detained, and even
arrested its leaders on narcotics charges. The occasional
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GUINEA-BISSAU
taking of drugs, without any legal repercussions, is
characteristic of the rituals of some other local religions.
d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens are allowed to move freely throughout Guinea-Bissau.
Foreign travel is not restricted, nor is citizenship revoked
for political reasons. Thousands of persons have emigrated
for economic reasons. Return of expatriates is encouraged,
although the 1986 deaths of two opposition members in a
mysterious car accident during their forced repatriation from
Senegal convinced some government opponents that they would
not be welcomed back to Guinea-Bissau. While sympathetic to
the principal of asylum, Guinea-Bissau does not host
significant numbers of refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The present' political system makes no provisions for
democratic change of government. Guinea-Bissau is led by the
PAIGC party and military (FAR?) elite, headed by President
Joao Bernardo Vieira. By the terms of the Constitution, all
political activity must take place within the party/state
structure. The 1984 electoral slates for the National Popular
Assembly at the district, regional, and national levels were
party-prepared lists. The President, members of the Council
of State, and National Popular Assembly deputies are elected
to 5-year terms. There are provisions for constitutional
amendments and national referendums to be initiated by the
National Popular Assembly. No single ethnic group dominates
party/government positions, but Papel and Creole (mixed-race)
groups, predominantly located in and around the capital of
Bissau, have disproportionate representation in the Government.
Women have legal equality with men and hold some influential
jobs in the party and the Government. The current Minister for
Labor and Social Security and the President of the National
Popular Assembly are both women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Although international human rights groups have visited
Guinea-Bissau, their visits have always been tightly
controlled. The Government invited an AI mission to visit in
1986. AI delegates held discussions in June 1986 with
President Vieira and many other officials and, as noted,
attended one session of the trial of Correia and others.
There are no local human rights groups in Guinea-Bissau.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The population of Guinea-Bissau comprises diverse tribal
groups, each with its own language, customs, and social
organization. The Fula, Mandinga, Balanta, Manjaca, and Papel
are important groups. Creoles enjoy an advantageous position
within the society due to their generally higher level of
education and their links abroad. Although the President and
other influential leaders regularly urge the nation to
overcome ethnic differences, the perception of economic
dominance by Creoles (and to a lesser extent Fulas) has
created resentment among other ethnic communities. Most of
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GUINEA-BISSAU
the defendants in the 1986 coup trial were members of the
Balanta ethnic group.
Discrimination against women, while officially prohibited,
continues within certain ethnic groups, especially the Muslim
Fulas and Mandinkas of the North and East. Among those groups
female genital mutilation is still practiced, despite official
prohibition and educational campaigns against this custom.
Women enjoy higher status in the societies of the Balanta,
Papel, and Bijagos groups living mainly in the southern
coastal region.
CONDITIONS OF LABOR
In an overwhelmingly rural and agricultural society,
traditional division of labor practices both between sexes and
age groups continue to prevail. Children in all rural
communities work in the fields and at home for no pay. The
Government does not attempt to discourage this practice and in
fact delays the opening of schools until the rice season has
ended. Even in the small modern sector, labor laws are
ill-defined and unevenly enforced in Guinea-Bissau, due
primarily to the extreme economic underdevelopment of the
society. However, there are government regulations covering
such matters as job-related disabilities and vacation rights,
and the Government in 1987 approved a new labor code which set
a minimum age of 14 for general factory labor and of 18 for
heavy or dangerous labor, including all labor in mines. The
normal workweek is 35 hours. There is no minimum wage.
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KENYA
Kenya, which has had an elected, civilian government since its
independence in 1963, has been a de facto one-party state
almost from independence, and a de jure one-party state since
1982. The President, Daniel T. arap Moi, maintains firm
control over both the Government and the party, the Kenyan
African National Union (KANU) . The party must approve all
candidates for political office. In 1986 there was greater
centralization of power in the KANU leadership. In 1987 the
Government reaffirmed its commitment to instituting a new
queuing (nonsecret) system of voting in party preliminary
nominations. The queuing system, however, has not yet been
actually implemented. The popularly elected National Assembly
of 158 members, plus up to 12 members appointed by the
President, is usually involved in local and regional issues
and in responding to the executive's initiatives, e.g., in
approving the controversial constitutional amendment in
December 1986 which gave the President increased powers over
the Attorney General and the Auditor General. Within the
one-party system there has been considerable electoral
competition for parliamentary seats. Under the Constitution,
elections for Parliament must be held every 5 years, and
parliamentary elections, last held in 1983, are expected in
1988.
The Kenyan Armed Forces constitute a small, professional
establishment with a total strength of about 22,000 members.
Kenya's internal security apparatus includes the Kenyan Special
Branch and Criminal Investigation Division Police, and is used
to monitor and control persons whom the State considers
subversive. Kenya's Preservation of Public Security Act
provides for detention for an indefinite period without trial
in national security cases.
Kenya's market-oriented, modern economy includes a
well-developed private sector for trade and light
manufacturing, as well as an agricultural sector that produces
sufficent food for local consumption and significant exports
of coffee, tea, and other commodities. In 1987 lower world
coffee prices contributed, however, to a growing balance of
payments problem. Economic growth continues, but at a slower
rate; unemployment continues to be a serious and growing
problem.
Kenyans are free to engage in private economic activity, own
property, belong to trade unions, practice most religions,
move freely within the country and travel abroad.
Nevertheless, human rights concerns in Kenya sharply increased
in 1986-87 amid reports of torture of prisoners, the detention
of persons without charges, and questions about the fairness
of trials of alleged subversives. In most of the cases against
those alleged to have ties with Mwakenya, a clandestine
dissident organization, prisoners were held incommunicado for
prolonged periods without legal representation. There have
been credible reports that in some cases confessions were
extracted through torture or ill-treatment or the threat of
such treatment. Some reports indicated that between 200 to
300 persons were detained temporarily in 1986, mainly on
suspicion of belonging to Mwakenya. In 1987 the number of
arrests and convictions for Mwakenya activities declined, and
there were fewer allegations of mistreatment. The Government
of Kenya acknowledged that 14 people were held without trial
under the Public Security Act during 1987, nine of whom had
been detained in 1986 and two in 1987. Three of these
detainees were released in December 1987.
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KENYA
RESPECT FOR HUMAN RIGHTS
SECTION 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no political assassinations in Kenya in 1987.
There was a death in police custody of a businessman being
held for investigation for links to Mwakenya . Evidence also
emerged of a similar death of a carpenter in police custody in
1986. In both instances, families have asked for
investigations, alleging that death resulted from abusive
treatment. Public judicial inquests into these deaths (Peter
Karanja and Stephen Wanjema) were under way in late 1987, but
had not reached any conclusions by the end of the year.
Altogether, 4 persons are known to have died in police custody
(see below) under ambiguous circumstances.
b. Disappearance
Although Kenyan law requires that an arrested person be
brought before a court or released within "a reasonable period
of time," Kenyan authorities have held people for prolonged
periods without formal charges. In some cases, authorities
have detained persons and have failed to acknowledge the fact
when inquiries were made. According to Amnesty International
and local reports, at least 25 people were held in this
fashion in 1987 before it was confirmed that they were in
police custody. Some were later released, and others were
formally charged. Two were later officially detained under
the Preservation of Public Security Act. In a case currently
before the courts, the wife of a missing Kiambu farmer learned
that her husband had been shot by the police only after she
retained a lawyer and filed for habeas corpus. Police stated
that they had shot the man, who had been arrested on suspicion
of robbery, while he was trying to escape. Despite a court
order that the police produce the body for examination by
independent experts, 5 months after the case began the police
had not done so.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is officially proscribed under the Constitution.
Nevertheless, allegations of torture have been made, and in
some cases evidence of it has been introduced in the Kenyan
courts. Torture has been cited in the Kenyan press and has
been noted by human rights organizations and in the
international media. Several persons detained on suspicion of
security-related offenses have stated that they were tortured
by officers of the Special Branch and Criminal Investigation
Division police at their headquarters in Nairobi. Reported
methods of torture included confinement for lengthy periods in
a basement cell flooded with about 2 inches of water, severe
beatings, deprivation of food and sleep, and various forms of
intimidation.
In February 1987, a Nairobi lawyer, Gibson Kamau Kuria,
submitted notices to sue the Government for illegal detention
and torture on behalf of four incarcerated persons, one of
whom had died in custody. The lawyer was himself detained
shortly thereafter under the Preservation of Public Security
Act. Kuria along with two other detainees was released
December 12. His cases against the Government have not yet
138
been heard. Several defendants in Mwakenya trials have
complained in court that their confessions were the result of
torture. Presiding magistrates in these cases have not
inquired into these alleged offenses. In April 1987, President
Moi announced a clean-up of the police forces. According to
the Kenyan authorities, 19 policemen have subsequently been
investigated or charged. At the end of 1987, however, the
Government had publicly investigated or prosecuted few if any
of the alleged abuses.
In nonpolitical cases, abuse of prisoners has also occurred.
Several allegations of such mistreatment were reported in the
Kenyan and international press in 1987. Two people, a Ugandan
teacher from Kisii in western Kenya and a farmer from Kiambu
(mentioned above), died in police custody, apparently at police
hands. The police in the first of these cases were acquitted.
The second case is still being pursued in court by the victim's
family. In a Bungoma case, a magistrate ordered a defendant
to be taken to the hospital after seeing injuries allegedly
inflicted by the police. In two other recent instances,
defendants have stated in court that they had been mistreated
by the police. In cases where torture has been alleged, the
Kenyan courts have ruled that due process required the
dismissal of illegally obtained confessions. A magistrate in
a Nairobi case ruled that statements taken from two defendants
were inadmissible because they had been tortured during
interrogation. In a well-publicized case in Machakos, 14
people were acquitted after confessing to murder when a court
upheld their claims of having been tortured into making
confessions .
Prison conditions in Kenya are poor. Detainees and prisoners
have complained of beatings, poor food, lack of access to
medical care, and inadequate facilities. Prisoners often are
required to sleep on cold, cement floors. The Preservation of
Public Security Act allows detainees to be held in solitary
confinement, with no outside contact with family or legal
counsel, although in some cases lawyers and family members
have been allowed to visit detainees. Correspondence with
prisoners is monitored and occasionally not delivered.
Prisoners are allowed one short visit per month by family
members. Prison or security officials are usually present
when detainees or prisoners consult with attorneys or family
members .
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution provides that any arrested or detained person
(except those under the Preservation of Public Security Act)
shall be brought before a court "as soon as is reasonably
practicable," and that if such person is not brought within 24
hours of his arrest or from the commencement of his detention,
the burden of explanation is on the authorities. In practice,
however, many arrested persons are held for long periods
without being charged or taken before the courts. In November,
six students were held for 13 days without charge after their
arrests on the University of Nairobi campus. Five of these
were released on bonds of good conduct. After 15 days of
detention without charge, the sixth student pleaded guilty to
a charge of providing information to the Libyan Embassy in
Nairobi. In one instance in 1987, an American citizen was
held for questioning for more than 24 hours without charge and
without access to a lawyer. Another American citizen was
jailed for 3 months without notification to the U.S. Embassy.
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KENYA
Although Embassy officers eventually gained access to him, an
initial effort to see him was prohibited by prison officials.
Mwakenya is a Marxist-oriented organization which is illegal
under Kenyan law because it is clandestine and advocates the
overthrow of the Kenyan Government. Those Mwakenya suspects
who have been charged have generally been charged with taking
an illegal oath to the organization or for possession of its
literature. In its 1987 Report, Amnesty International
indicated that over 200 persons had been arrested in 1986,
mainly for suspected ties to Mwakenya. The number of persons
apprehended in 1987 for possible Mwakenya connections appears
to have decreased. In Mwakenya cases, suspects have been
arrested secretly and held incommunicado for several weeks
before being charged and taken before a magistrate or being
officially detained under the Preservation of Public Security
Act, which allows for indefinite detention without trial or
charge. In these cases detainees have been permitted neither
legal counsel nor access to family during the period of
incarceration prior to trial. During this period of
incommunicado detention, many Mwakenya suspects have made
confessions on which they have subsequently been convicted.
There have been credible reports that some of these confessions
were extracted through torture and ill-treatment. Some
observers have also suggested that Mwakenya suspects, faced
with the options of indefinite detention under the
Preservation of Public Security Act or a definite term in
prison based on a confession and conviction, chose the
latter. At the end of 1987, the Government claimed it was
holding 11 persons under the Preservation of Public Security
Act. Nine of the 11 were detained in 1986 and 1987.
Neither exile nor the threat of exile is used by the Government
as a means of intimidation or punishment. Self-exile is a
course of action sometimes chosen by Kenyan dissidents.
Several Kenyans have moved to foreign countries and announced
that they will not return to Kenya for fear of persecution by
the Government. One of the self-exiled individuals stated
publicly that he was willing to assume the leadership of the
Mwakenya movement. In some cases, the Government states that
these exiles are wanted for questioning for possible criminal
charges in Kenya, although in most cases the exiles have not
been formally charged with crimes. The Government has invited
some of the exiles to return and publicly announced that they
would be safe in Kenya. In 1987 none of the people who had
chosen exile abroad accepted the offer to return.
Kenya has not ratified the International Labor Organization
(ILO) convention No. 105 on The Universal Abolition of Forced
Labor. Forced labor is not practiced in Kenya.
e. Denial of Fair Public Trial
Although Kenyans have a constitutional right to a fair public
trial, this right has been circumscribed in most cases
involving alleged Mwakenya membership or involvement. In 1986
at least 52 people were convicted for involvement with
Mwakenya, with another 28 such convictions in 1987. In most
of these cases, defendants were charged with membership in,
and taking an unlawful oath to, a subversive organization,
possessing seditious literature, or failing to report the
existence of such literature. The Mwakenya trials are held in
a magistrate's court, open to the public, but usually held
late in the afternoon without prior announcement, so that the
defendants' family and the press were often unaware of the
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KENYA
time of the trial. Most of the defendants have been held
incommunicado without charges for significant periods before
the trial. None of the defendants has been represented by
legal counsel or allowed to present witnesses. In most cases,
the defendants have not spoken during the trial. In all
Mwakenya trials, the defendants have pleaded guilty. In most
cases, the guilty plea was the only evidence presented against
them in very brief magistrate court trials. In Kenya, appeal
of the verdict is not allowed when a guilty plea is entered.
However, appeal of sentence is permitted.
The Kenyan judiciary usually exhibits considerable
independence, although the Government has reportedly put
pressure on judges in sensitive cases. High Court justices
are appointed and dismissed solely at the pleasure of the
President and are thus susceptible to executive pressure. In
one 1987 case involving the death of a robbery suspect in
police custody, a judge was taken off the case by the Chief
Justice after he had threatened to hold in contempt a high-
ranking security official. In October 1987, Kenya's Solicitor
General was put on compulsory leave by the Attorney General
without public explanation. The Solicitor General was later
replaced. In cases involving detention under the Preservation
of Public Security Act, judicial authority is limited to
ensuring compliance with procedural provisions. In most other
cases, the right to a fair public trial is usually observed,
although long delays and postponements are common.
Civilians are tried in civilian courts, and verdicts may be
appealed to the Kenyan High Court. Military personnel are
tried by military courts, and verdicts may be appealed. Judge
advocates are appointed on a case-by-case basis by the Chief
Justice. Members of the press regularly attend and report on
court proceedings, both civilian and military. Kenyans do not
have a right to representation by legal counsel, except in
certain capital cases. Most, but not all, persons tried for
capital crimes are provided counsel free of charge if they
cannot afford it. The Government's action in detaining
without trial an attorney who had brought charges of illegal
detention and torture on behalf of four political detainees
could have the effect of intimidating vigorous legal
representation in security cases (see Section I.e.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Search warrants are not required under the Constitution in
certain specified instances "to promote the public benefit,"
which include security cases. Security officials sometimes
conduct searches without court warrants to apprehend suspected
criminals or seize property believed to be stolen. The homes
of suspected dissidents have been entered and searched for
subversive or incriminating documents. Numerous rooms in
University of Nairobi residence halls were entered without
warrants during the November disturbances. Security forces
reportedly employ a variety of surveillance techniques,
including electronic surveillance and a network of informers.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution provides for freedom of speech and
press, the exercise of such rights is to some extent
restricted. The range of allowable discussion in the
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Parliament is broad on local affairs, but no criticism of the
President is tolerated, and national issues such as foreign
affairs are rarely discussed. In 1986 one Member of
Parliament, who had twice voted against the constitutional
amendment increasing the power of the President over the
Attorney General and the Auditor General, was ordered out of
the Parliament building by the Speaker for the third vote
because he refused to apologize for certain comments he had
made. He and one other Member of Parliament were briefly held
by the police without charge in January 1987.
There is no systematic or formal censorship of the press,
although the press practices self-censorship. The press
confines commentary within widely understood but legally
undefined limits. As an example, the press criticizes
government policies and occasionally reports unflattering news
about government officials, but never criticizes the President.
At times the Government intervenes to tell editors how to
handle sensitive stories. Pressure has been brought on
journalists and publications considered to have strayed too
far from the government line. Some journalists have been
fired by their news organizations, and several imprisoned for
seditious activities in the past 18 months. The Kenyan press
has reported a number of the Mwakenya case trials, even though
these were not announced in advance. In one instance, a
Mwakenya trial was canceled when the court apparently realized
that members of the press were present. A Kenyan journalist,
Paul Amina, known to have covered some Mwakenya cases, was
detained in August 1987 under the Preservation of Public
Security regulations and held incommunicado. In November two
Voice of Kenya employees were detained without charge, but
both were subsequently released.
Government criticism of outspoken clergymen and politicians,
as well as the detention provisions of the Preservation of
Public Security Act, discourage public exchange of views on
some political topics. In 1987 the Government increasingly
criticized foreign journalists for alleged bias and
prevarication in their human rights reporting on Kenya. On
November 4, Western journalists covering university
disturbances were beaten by police at the scene of the
disturbances and briefly detained, although they had
identified themselves as members of the foreign press. A
positive sign has been that the Kenyan press has been willing
in some cases to deal with such issues as torture and
allegations of police corruption and brutality.
Privately owned newspapers and journals are published in
Kenya. Newspapers, magazines, and books from abroad are
readily available. Books by Kenyan dissidents in self-exile
abroad have been reviewed by the local press and are available
in Kenya. However, in 1986 a Nairobi newspaper published a
list of 18 publications that are prohibited in Kenya. More
than 100 foreign journalists representing major Western news
organizations are based in Kenya.
Kenya has a 10-12 member film censorship board under the
supervision of the Ministry of Culture and Social Sciences.
While the board must approve all films shown in Kenya, a
variety of uncut foreign films are available. A 10-member
television censorship board has established guidelines that
govern what can be shown on television. The single television
station and all radio stations are owned and controlled by the
Government .
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b. Freedom of Peaceful Assembly and Association
The rights of freedom of assembly and association provided for
in the Constitution are limited by the Public Order and Police
Act, which gives local authorities wide powers to control
public gatherings, defined as three or more persons. It is
illegal to convene an unlicensed meeting, and politicians have
been investigated or arrested for violations of this statute.
Licenses to hold public meetings are rarely denied. When
denied, the grounds usually are that the proposed meeting might
disturb civil order. With the exception of civil servants, who
are required to join KANU, Kenyans are not officially required
to join any political organization. Some Kenyans have
complained of intimidation and harassment during local KANU
membership drives. Party membership has in fact become a test
of one's loyalty to the Government. The party and the
Government both emphasize, however, that party membership is
strictly voluntary.
Labor unions enjoy the right to organize freely, but the right
to strike is severely curtailed. The only trade union
confederation, the Central Organization of Trade Unions
(COTU) , is affiliated with the Organization of African Trade
Union Unity and maintains friendly relations (though not
affiliation) with the International Confederation of Free
Trade Unions (ICFTU). COTU also sends observers to the
congress of World Federation of Trade Unions. Individual
unions in COTU are permitted to belong to international trade
secretariats .
Employers are also free to organize and have formed the
Federation of Kenyan Employers (FKE) which along with COTU
sends representatives to the annual ILO meeting in Geneva.
The Government has formally constituted a tripartite committee
of government, FKE, and COTU representatives which regularly
meets to discuss a wide range of labor issues. In 1987 a
Civil Service Association was formed but without the right to
bargain collectively or to strike. Kenyan law permits an open
shop whereby workers are given a choice whether or not to join
a union and provides for a check-off system for the collection
of union dues .
Complex labor legislation renders strikes virtually illegal.
Strikes are permitted only when the Ministry of Labor has not
taken action toward resolution within 21 days from the formal
declaration of a dispute. In August, after almost 1 month of
an illegal strike by factory workers in Thika, the Government
intervened to end the strike when other unions joined it.
Wildcat strikes do occur; city workers stopped work for a day
in December to protest the Government's failure to pay wages
overdue since August. Sympathy strikes, however, are illegal.
Most union disputes are settled by the parties themselves or
by appealing to the Industrial Relations Court, a dispute-
resolution body with a well-earned reputation for fairness and
impartiality. The Industrial Relations Court is also
responsible for approving all collective bargaining agreements.
The Court has become the model for several other industrial
courts in Africa.
c. Freedom of Religion
Freedom of worship is protected in the Constitution and for
the most part allowed in practice. Foreign missionaries of
many denominations are permitted to work in Kenya. In November
seven Americans were deported after the publication of a
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memorandum indicating that they, in collusion with the Ku Klux
Klan, were plotting the overthrow of the Kenyan Government.
The missionaries and the U.S. Embassy stated that the
memorandum was a forgery. The missionaries were deported on
short notice and were not permitted the opportunity to refute
the allegation. Nevertheless, it does not appear that
religious intolerance played any role in their deportation.
New churches must receive the approval of the Kenyan
Government to be registered in Kenya. The Church of Jesus
Christ of Latter-Day Saints has tried without success for 6
years to obtain registration. The Government has not, however,
interfered with Mormon meetings during this period. In
November the Government announced without explanation that five
churches, including the Association of Jehovah's Witnesses in
East Africa, had been deregistered . Several of the churches
have appealed the action, and the Jehovah's Witnesses in late
November received a stay order from the High Court.
There is no religious requirement for voting or holding
office. Clergymen in Kenya have spoken out on political as
well as religious issues from their pulpits. In 1987
government leaders criticized some members of the clergy for
making political statements, e.g., criticism of the queuing
system. One prominent clergyman was transferred by hir church
from Nairobi to a rural area in a controversy over political
sermons. He resigned rather than accept the transfer. In
September 1987, the new Chairman of the National Council of
Churches of Kenya reaffirmed the duty of the clergy to speak
out about social and political ills. President Moi confirmed
that churches have a duty to speak out on social ills.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
In general, Kenyans can travel freely both within Kenya and
abroad. Travel within Kenya is restricted only by provisions
of the Preservation of Public Security Act, which limits
movement of persons considered dangerous to the public
security. These provisions are rarely invoked. Although
Kenya does not prohibit emigration of its citizens, the Kenyan
Government impounded the passports of the wife and children of
a Kenyan dissident in exile in 1987. In contrast to 1986,
when a Kenyan journalist was stripped of his citizenship,
there were no instances of citizenship being revoked for
political reasons in 1987.
Kenya continues to accept refugees, despite its own high
population growth rate and severe unemployment. The United
Nations High Commissioner for Refugees estimates that in 1987
Kenya provided refuge to approximately 12,000 refugees, and
there are perhaps another 5,000 displaced persons not
officially registered as refugees. In particular, continued
unrest in Uganda has prompted several thousand Ugandans to
enter Kenya. Refugees and displaced persons have not been
forced to return to their country of origin.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
President Moi and a small group of advisers control all major
policy decisions in the Government and the party. The Kenyan
Constitution prohibits formation of any political party other
than KANU; citizens cannot, therefore, replace the party in
power through the electoral process. Since 1964 (when Kenya
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converted to a Presidential system), the party's candidate for
President has been unopposed. A number of candidates usually
have competed for party and national assembly elections.
Local party branches must clear all candidates for political
office. In the past, there have been few instances when local
party clearances have been denied. For the 1988 party
nomination process, the party leadership has adopted a queuing
system of voting whereby party members are to queue physically
for the candidates of their choice on election day, thus
eliminating the secrecy of the ballot for the nomination.
Under the new party rules, no more than 3 KANU-selected
candidates will be permitted to run in each constituency in
the general election. Any person who receives 70 percent of
the vote in the party election will automatically run unopposed
in the general election, which is by secret ballot. Party
leaders have stated that the new procedures will ensure that
candidates in the general election represent more than narrow
ethnic coalitions. Concern has been expressed that the queuing
method is a means for the party leadership to tighten control
over party and general elections and that the 70 percent rule
would disenfranchise voters who do not join KANU. Parliament
has not debated the queuing system, and the President has
warned Parliament against discussion of it.
In Kenya's postindependence history, neither the President nor
the Vice President has faced an opposing candidate. Members
of all ethnic groups are permitted to run for office.
President Moi has broadened ethnic representation at the
Minister and Assistant Minister level. Persons from 12
different ethnic groups hold Cabinet portfolios. Seventeen
ethnic groups, including one Caucasian, are represented at the
Assistant Minister level. Three women hold seats in the
National Assembly, and more than 20 women were elected to
municipal offices in the 1983 elections.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is sensitive to criticism regarding alleged
human rights violations and discourages Kenyans from providing
outside human rights groups with information. President Moi
has publicly attacked Amnesty International and other groups
for meddling in Kenya's internal affairs. Except in public
statements which attacked Amnesty International's veracity and
motives, the Government has not replied to the extensive
Amnesty International survey of human rights in Kenya,
published in July 1987, which appealed to the Government to
abandon the use of detention without charge, to institute
safeguards against torture, and to ensure full due process for
all those tried.
There are several Kenyan organizations which address issues
related to human rights, such as the Law Society of Kenya, but
none which focuses exclusively on human rights concerns.
Kenya has not ratified the Organization of African Unity's
Human and Peoples' Rights Charter adopted at that
Organization's 1981 summit in Nairobi.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Kenya is a diverse country that does not practice legal
discrimination on the basis of race, sex, religion, language,
or social status. Women remain under represented in educational
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institutions, government, and business, despite recent gains
and the emergence of influential women in government and the
professions. Government policy is less of a factor affecting
women, however, than the traditional culture that has long
prescribed limited roles for them. Women are a crucial factor
in Kenyan labor and provide approximately three-quarters of
agricultural labor. Women are likely to retain this role for
the near future, as there is a continuing migration of men to
cities in search of higher paying jobs. In the modern sector,
women frequently earn less than men for comparable work. The
public law institute has sponsored a campaign to halt violence
against women, as well as a women's rights awareness program
which put up signs on buses announcing "violence against women
is against the law." There are also women's groups in Kenya
which attempt to educate and help women attain their rights.
Some Kenyan ethnic groups still practice female circumcision,
although the Government has mounted a campaign against the
practice and prohibits such operations in government hospitals.
Kenya's Asian community, numbering about 65,000, accounts for
a large share of the nation's economic output. The
Government's policy of Africanization of the economy has
resulted in some Asian emigration, and non-Africans are
concerned about the long-term implications of the policy.
Kenya amended its Citizenship Law in 1984, depriving some
Asians and Europeans of citizenship. Under the present law,
people born in Kenya of non-Kenyan parents can no longer claim
Kenyan citizenship.
CONDITIONS OF LABOR
Kenya's population of approximately 21 million is projected to
double by the early part of the 21st century. Urbanization
continues to accelerate rapidly, although approximately 80
percent of Kenyans continue to live in rural areas--many as
subsistence farmers. The legal minimum age for employment is
16, but the law is difficult to enforce, and many children
work at an earlier age as unskilled laborers or domestic
employees both in rural areas (especially in agriculture) and
in urban areas. Kenya has adequate legislation to provide
acceptable and safe working conditions. The Government,
however, is often unable to enforce compliance. The maximum
legally allowed workweek is 52 hours. All workers are
entitled to at least 1 rest day per week, paid sick leave,
paid annual leave, and holidays. The Government has enacted
minimum wage legislation based on occupation, age, and
location. Under current law, the minimum wage ranges from
about $16 per month for an unskilled laborer under age 18 in a
rural area to about $88 per month for a cashier in Nairobi or
Mombasa. A social security system paying retirement benefits
exists in nascent form.
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On January 20, 1986 the regime of Prime Minister Leabua
Jonathan, which had ruled Lesotho since 1966, was ousted by
the Lesotho Paramilitary Force (LPF) . The coup leaders
established a Military Council, abolished the post of prime
minister, and formally conferred all legislative and executive
power on Moshoeshoe II, the previously powerless King of
Lesotho. Since the 1986 coup, the Military Council, led by
Major General J. M. Lekhanya, and the King have ruled by
decree; however, an appointed Council of Ministers, which
includes civilians, administers the day-to-day operations of
government. During 1987 the new regime continued its ban on
"political activity," giving no indication when Lesotho might
revert to constitutional rule.
Since its rise to power, the military Government has promoted
a policy of national reconciliation. In 1987 it again called
for the return of Basotho nationals who had exiled themselves
for political or economic reasons. Ntsu Mokhehle, the aging
exiled leader of the Basotho Congress Party, and the outlawed
Lesotho Liberation Army (LLA) continued to reject the
Government's general amnesty. The Government has placed
special emphasis on pragmatic, cooperative relations with
South Africa, attempting to balance geographic and economic
realities with commitments to African regional cooperation.
A landlocked country completely surrounded by South Africa,
Lesotho is almost entirely dependent on its neighbor for
trade, finance, employment, and access to the outside world.
About half of the male labor force is employed in South
Africa's mines, and remittances from workers (more than $300
million annually) are a critical factor in the economy,
especially in financing imports.
Human rights continue to be circumscribed under the military
Government, but its goal of national reconciliation receives
strong popular support. In this reconciliation effort, the
Government did not bring legal actions against former members
of the Jonathan Government and has welcomed back some 500
exiles, mainly from South Africa and Botswana. (Jonathan died
in 1987 of cancer in a South African hospital.) However, the
Government reportedly discharged in 1987 a number of
"politically incompatible individuals," both in the military
and civil services, for suspected loyalty to the previous
Government. While the climate of personal security improved
in 1987, the 1986 deaths of two senior military officers who
had opposed the coup, and two former ministers and their
wives, have never been satisfactorily explained or
investigated. Also, in 1987 there were several unexplained
but clearly politically motivated "warning" attacks (no
casualties) against suspected members of the African National
Congress and the Pan African Congress still residing in
Lesotho .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The brutal 1986 murders of former Ministers of Information and
Foreign Affairs, Desmond Sixishe and Vincent Makhele and their
wives, still have not been resolved. A government
investigation has failed to identify the perpetrators of the
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crime, and there has been a lack, of official disclosure about
it. Similarly, there have been no further revelations
concerning the deaths in March 1986 of two senior Royal
Lesotho Defense Force officers who had opposed the coup and
who subsequently died while in official custody on charges
related to events during the 1986 coup.
Amnesty International, in its 1987 Report, indicated that the
two former ministers and their wives had been victims of
politically motivated killings, alleged to have been carried
out by government agents, and that the deaths of the two
senior military officers had been caused by ill-treatment.
b. Disappearance
There were no known instances of disappearance of Basotho
nationals. Although there were several confirmed
disappearances of South African refugees in 1986, none were
reported during 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The advent of the new military Government resulted in stricter
discipline over police forces, and accordingly there has been
a decrease in the number of allegations of improper police and
military conduct. However, isolated beatings and harsh
interrogations of criminal suspects are still reported to
occur .
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
In August 1986, the military Government restricted the
movements of several former ministers, including former Prime
Minister Jonathan, to their home areas, allegedly for plotting
to overthrow the new Government. This "home area" detention
was lifted in 1987. Jonathan was somewhat belatedly allowed
to leave Lesotho for medical treatment in April 1987; he died
of natural causes while undergoing treatment in South Africa
shortly thereafter.
Established procedures remain in effect under the new
Government for normal civil and criminal cases, including the
right of a detainee to an early determination of the legality
of his detention. The 1981 Criminal Procedures and Evidence
Act, as amended in 1984, prohibits bail in cases of armed
robbery.
In political cases, the Internal Security (General) Act of
1984 applies. This Act provides for preventive detention
without charge or trial for up to 42 days (the first 14 days
on order of the police; the second 14 days on order of the
police commissioner; and the final 14 days only on order of a
government minister). Detainees may be held incommunicado for
up to 14 days. During the second stage of the detention,
ministerially appointed "advisors" (all government employees
to date) report on the health of the detainee, investigate
whether the detainee has been involved in subversive
activities, and advise the Minister of Justice and Prisons on
the need for continued detention. Detainees under the Act may
make representations on their own treatment only through the
advisors. The 1984 Internal Security Act also allows for
detention of witnesses in security cases.
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Observers report that there were only two cases of preventive
detention under the Act during 1987. Both detainees sought
redress through established judicial procedures and
subsequently were released.
As one of its first major acts, the military Government
declared a general amnesty for all Basotho in exile, which was
specifically aimed at Ntsu Mokhehle, exiled leader of the
Basotho Congress Party (BCP), and his followers. The
Government continues to maintain that they are free to return
without fear of retaliation for past activities, and in fact
has privately urged Mokhehle to do so. However, Mokhehle
rejected the Government's offer of amnesty, and continued to
call for free elections.
In spite of Mokhehle 's attitude, the Government's amnesty
program for political exiles continued to receive a fair
response over the past year; returnees since the coup now
number over 500, mostly from South Africa and Botswana, and
they have generally been received without harassment or
political retribution.
There is no forced labor practiced in Lesotho.
e. Denial of Fair Public Trial
The judiciary in Lesotho remains independent under the
military Government. The courts have acted to limit
infringements of law and procedure on numerous occasions in
past years, as in the case of two 1987 detentions. Court
decisions and rulings are respected by the authorities.
Accused persons have the right to counsel. Under the system
of Roman-Dutch law applied in Lesotho, there is no trial by
jury. The judiciary consists of a Court of Appeal, the High
Court, magistrate courts, and customary or traditional courts
which exist largely in rural areas to administer customary
tribal laws. Members of the High Court serve in an advisory
capacity to military tribunals and provide guidance on
questions of legal procedure and substance. This service is
available to both prosecutors and the accused.
The military regime did not prosecute Jonathan or other
members of his regime for political or other crimes. A number
of soldiers from the Lesotho Paramilitary Force who, in
effect, mutinied against the force command structure prior to
the January 1986 coup were reportedly put on trial. However,
no judgment in their case has yet been made public. As noted
in Section l.a., two of those persons died while in custody,
possibly as a result of ill-treatment by government
officials. Court martial proceedings were reportedly
instituted against several other military personnel in
November 1986, but the status of these proceedings had not
been revealed at the end of 1987.
The new Government continued programs in 1987 to increase
familiarity with the law and its protection of individual
rights through the educational system. The King's "practical
law project," which is backed by the Ministers of Law and
Education as well as by the judiciary, has begun to introduce
a basic course on these subjects into the Lesotho high school
curriculum.
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f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In general, these rights are respected in Lesotho, although
under the Internal Security Act, the police have wide powers
to stop and search persons and vehicles and to enter homes or
other places for a similar purpose without a warrant. There
were no reports of forced entry by authorities into private
homes in Lesotho in 1987. <
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Human Rights Act of 1983 provides for freedom of
expression but subordinates this freedom to the protection of
national security. Following the January 1985 coup, a formal
ban on politics was announced. This placed stringent
restrictions on freedom of speech and political assembly. In
particular, government Edict No. 4 prohibits individuals and
groups from making political speeches and from publishing or
distributing political party materials. In spite of this ban,
however, leaders of Lesotho's five principal political parties
made at least one joint public statement during 1987, calling
for a prompt end to the present Government and an immediate
return to civilian rule. There were no known reprisals, and
the statement was broadcast on the government-run national
radio .
Moreover, opposition viewpoints are routinely expressed in two
Sesotho-language weekly newspapers published by the Roman
Catholic Church and the Lesotho Evangelical Church, the only
privately owned newspapers in the country. The Government
controls the official media (one radio station and a weekly
newspaper) but rarely uses those media to attack its critics.
b. Freedom of Peaceful Assembly and Association.
The military Government's ban on "politics" has not been
interpreted to require the dissolution of existing political
parties, but it precludes political meetings and rallies.
Nonpolitical organizations and professional groups continue to
hold regular meetings. Numerous persons meet privately to
discuss politics. The military Government made no attempt in
1987 to inhibit such political discussion.
All trade unions in Lesotho enjoy the right to organize,
bargain collectively, and strike. The 1964 Trade Union and
Trade Disputes Law enumerates lengthy procedures which must be
followed before a strike is called. The last general strike
was in 1961. However, there were wildcat strikes in 1987
against foreign companies linked to the Lesotho National
Development Corporation over minimum wage rates. A compromise
offer ended the work action, and the Government raised minimum
wage rates in August 1987. Historically trade unionism has
played a relatively minor role in society, largely because of
the small size of the manufacturing, retail, and service
sectors .
Since 1984 the Government has supported the formation of a
single new umbrella trade union confederation. Subsequently,
24 of Lesotho's 28 independent trade unions joined the Lesotho
Congress of Free Trade Unions (LCFTU) , which held its first
convention in May 1985 and elected the existing leadership to
a 3-year term. The LCFTU also helped redraft Lesotho's badly
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outdated labor laws, which reportedly were still under review
in 1987 by the Lesotho Employers Federation.
The military- Government has supported non-LCFTU unions in the
formation of another federation, the Lesotho Federation of
Trade Unions (LFTU) . In 1987 the military Government
designated the LFTU, the much smaller rival federation, to
represent Lesotho at the International Labor Organization
(ILO) annual conference in Geneva. The Secretary General of
the LCFTU challenged the credentials of the LFTU delegation at
the Geneva ILO meeting, and on his return to Lesotho the
Government confiscated his passport. While LCFTU labor
activities have not been curtailed, the Secretary General's
passport has not been returned, and he is unable to travel
outside of the country. The LCFTU is a member of the
democratically oriented International Confederation of Free
Trade Unions as well as of the Organization of African Trade
Union Unity.
In 1987 Lesotho hosted meetings of the Southern African Labor
Commission and a Southern African Development Coordination
Conference ministerial meeting of manpower officials.
Although South African National Union of Mineworkers (NUM)
officials visit Lesotho regularly, two NUM officials, both
Basotho nationals, were briefly detained in Lesotho during the
South African miners' strike, allegedly for involvement in
"political activities." During the strike, the military
Government urged Basotho workers not to engage in political
activities in South Africa.
c. Freedom of Religion
There is no state religion in Lesotho. Free and open
religious practice is permitted. Christianity is the dominant
faith of the majority of Basotho, with the principal
denomination being Roman Catholic. There is a significant
Protestant minority as well, which is composed of the Lesotho
Evangelical Church (Presbyterian), the Anglican Church, and a
number of other smaller denominations. Conversion is
permitted, and there is no indication that there is any social
or political benefit or stigma attached to belonging to any
particular church.
Most church groups support the military Government's call for
national reconciliation and some groups have been outspoken in
1986 and 1987 in asking the Government to redouble its efforts
to reintegrate Ntsu Mokhehle and his exiled LLA into the
country's political life.
In 1987 church leaders disagreed with government policy which
allowed South African mining companies to recruit Basotho
replacements for striking miners during the South African
mineworkers strike. Clerical leaders issued a joint public
statement exhorting potential recruits not to join this
strikebreaking effort. Several church officials reportedly
were questioned and watched by the police but otherwise were
not harassed.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation.
Citizens generally are allowed to move freely within the
country and across national boundaries, although the Government
does not hesitate to restrict passports in political cases,
such as that of the Secretary General of the LCFTU.
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The refugee flow into Lesotho from South Africa has continued
at a slow but steady pace, currently numbering 10 to 20
refugees per month. These persons have been accorded fair
treatment, in line with Lesotho's international obligations,
and have been given expeditious transit to third countries for
resettlement .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.
The military Government which assumed power in January 1986
announced that it intends to remain in place until a process
of national reconciliation has been completed. No time frame
for this process has been announced, nor has any schedule been
set for return to civilian rule, elections, or constitutional
revision. Thus, the Basotho people currently do not have the
freedom to replace the existing regime, nor do they play an
active role in the governing process.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no requests for investigation of human rights
abuses since the present Government assumed power, and hence
its attitudes toward outside investigations are unknown. In
the past, the Jonathan Government permitted representatives of
Amnesty International to visit Lesotho to investigate human
rights conditions and to have access to some security
detainees who complained of abusive treatment. In 1987
Lesotho completed a term on the U.N. Human Rights Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Station.
Most citizens of the Basotho nation speak a common language
and share a common historical and cultural tradition.
Nonindigenous citizens have generally married in the Basotho
ethnic group, which tends to be inclusive and assimilative in
character. Expatriate communities are small and not
considered to be a major factor in the country's political
life. Asians (primarily ethnic Chinese and Indians) and white
South Africans are active in the country's commercial sector
and are less favored than Basotho nationals. The military
Government has announced a policy aimed at " indigenization" of
the country's retail commercial sector and has called upon
expatriate owners to transfer their businesses to Basotho
nationals. Apparently, this transfer would be done with
compensation. Exiles from South Africa have from time to time
encountered some discrimination, since they are often viewed
as magnets for real or imagined South African political or
armed intervention.
In the areas of property and contracts, married women's rights
are limited by law and custom. For example, a married woman
cannot apply for a loan without her husband's written
consent. Women in Lesotho traditionally have been the
stabilizing force in the home and in the agricultural sector,
given the absence of over 100,000 Basotho men who work in
South Africa. More female than male children complete primary
and secondary schools. Better use of women's talents and
abilities will depend on their access to credit, changes in
land tenure laws, and cultural practices. The Government has
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LESOTHO
not yet seriously addressed the issue of women's rights,
although there are a number of self-help projects initiated by
Basotho women themselves.
CONDITIONS OF LABOR
Roughly 90 percent of the labor force in Lesotho is employed
in traditional agriculture. More than half of Lesotho's male
labor force work in the Republic of South Africa, mainly in
gold and coal mines. Lesotho's Employment Act of 1967 spells
out basic workers' rights, including a 45-hour workweek, a
weekly rest period of at least 24 hours, 11 to 12 days' paid
leave per year, and pay for public holidays. Employers are
required to provide adequate light, ventilation, and sanitary
facilities for employees and to install and maintain machinery
to minimize the risk of injury. Children under 14 years of
age are prohibited from employment in other than family
businesses. Children under 16 are not allowed to work in
excess of 8 hours a day, and employers are prohibited from
employing any child in hazardous conditions. The Government
sets minimum wages for various types of work. In practice,
these regulations are generally followed only within the
wage-scale economy. Enforcement mechanisms, however, are
limited.
In the nation's traditional society, life and working
conditions for the country's young "herdboys" tend to be much
more rigorous and demanding than conditions in the modern
sector. Their quasi-pastoral life, however, is considered a
prerequisite to eventual manhood and is a fundamental feature
of Sotho life, tradition, and culture.
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LIBERIA
The Liberian Constitution provides for an American-style
democratic system of government and guaranteed rights and
freedoms for the individual. In practice, the legacy of recent
military rule and the Liberian tradition of strong executive
authority continue to prevent fulfillment of that ideal.
Samuel K. Doe, who headed the Military Government which ruled
from 1980 until the establishment of the Second Republic in
January 1986, became President after elections in which Doe's
claim of a narrow victory was widely believed to have been
fabricated. He and his ruling party. The National Democratic
Party of Liberia (NDPL) , dominate Liberian political life.
Three opposition parties are recognized and permitted to
function. Of these, one participates in electoral politics,
and two continue their boycott of the Government and
legislature to protest what they regard as a fraudulent
election.
While Liberia is now ruled by a civilian government, the army
continues to be a bulwark of the current administration.
Liberia's armed forces number about 7,000 members and are
engaged mainly in guarding border crossings and fulfilling
certain internal security functions. The lack of military
discipline, especially among poorly paid enlisted men,
resulted in much petty harassment of civilians. The police
force is small and poorly trained.
Liberia's mixed economy is based primarily on iron ore, rubber,
and timber and has been in decline since the mid-1970's. It
continues to suffer from foreign exchange shortages, widespread
corruption, low export prices, a crushing debt burden, and
governmental mismanagement. However, in 1987 there was growing
appreciation of the need for fiscal discipline, manifested by
the Government's request for American financial experts to
help improve and manage government finances.
The human rights situation improved in 1987, but serious
problems remain. Seven daily newspapers circulated in
Monrovia, including two which reappeared after being closed in
1986. Journalists played an active role in the Government's
anticorruption campaign and also reported on some human rights
abuses. Institutionally, the legislature, though dominated by
the ruling NDPL, displayed some independence from the executive
branch by rejecting three presidential nominees to the Supreme
Court and defeating or tabling several pieces of legislation
supported by the executive branch. An extensive network of
internal checkpoints, which was instituted in reaction to the
1985 coup attempt and fostered intimidation and shakedowns of
civilians, was largely dismantled late in the year. Some
persons were detained without charge on security grounds, but
none were known to be held at year's end.
On the other hand, the general weakness of the administration
of justice throughout Liberia continues to be a significant
national problem. Most judicial and police officials are
poorly trained and unaware of their legal obligations. The
level of awareness of constitutional guarantees is low among
both officials and the population at large. Arbitrary arrests
for petty offenses, even for lack of "due courtesy" to public
officials, and general harassment by military personnel occur
frequently, while prolonged detention pending trial, or even
without charge, is commonplace. A new Chief Justice, who had
promised widespread reform, was impeached by the legislature
for what many view as political reasons after becoming
involved in a major constitutional dispute with the President.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings occurring in 1987.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of officially conducted torture in 1987.
However, brutality by police and other security officials
during the arrest and questioning of individuals is fairly
common, and there have been no evident government efforts to
halt it. In November three Liberian employees of the U.S.
Embassy were detained following a traffic incident involving
one of the President's vehicles. Two of the three were
released after being held 5 days without charge and were
examined by the Embassy doctor, who found they bore evidence
of severe beatings. They were subsequently redetained, but no
charges were filed. All three were finally released in January
1988. A journalist arrested in August for photographing
security officials without authorization alleged that he was
beaten at the time of his apprehension. In May a student
leader claimed that he was abducted and beaten by plainclothes
security officers for several hours before being released.
Prison conditions, which have been bad for decades, remained
poor in 1987. Cells are often small and without windows or
ventilation. Food, exercise opportunities, and sanitary
facilities are inadequate. The maximum security prison at
Belle Yella is notorious for its harsh regimen, including hard
labor and the impossibility of family visits to prisoners given
its remote location. The cells at one military detention
facility in Monrovia are said by former inmates to be 3 feet
high with a dirt floor. Although the Constitution states that
civilians may not be confined in any military facility, this
provision is frequently ignored.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Although police must have a warrant for arrests and persons
must be charged or released within 48 hours, these
constitutional provisions are often ignored in practice,
particularly in cases involving alleged security threats or
violations. A woman arrested near the Ivorian border and
accused of communicating with Liberian dissidents in Cote
d'lvoire was detained for several months in a military
stockade without formal charges and without access to legal
counsel. The journalist mentioned in the preceding section
was held in a military cell for 5 days without being charged
and without seeing a magistrate. Seventeen villagers from
Nimba County were arrested and held for several weeks without
formal charges after being accused by security officials of
engaging in suspicious nocturnal dances and other activities.
Gabriel Doe, a Liberian businessman with ties to the
opposition, was detained without charge for 50 days,
apparently because of security concerns arising out of an
incident involving one of his fishing vessels.
155
Prolonged detention of persons without charge frequently
occurs as a result of administrative and judicial neglect.
Reports surfaced in 1987 that at least 15 young people rounded
up in a police sweep of suspected street criminals in 1984 are
still being held at Belle Yella prison, without charges, over
3 years later. Details of the case are unconfirmed; however,
it is generally acknowledged in the legal community that many
of those now being held in Liberian prisons have been
"forgotten" by the judicial system. The poor condition of the
prisons makes such delay of justice particularly egregious.
Two prisoners reportedly died in custody in 1987 after waiting
over a year for cases to be brought against them.
An American priest. Father James Hickey, resident in Liberia
for over 20 years, was detained overnight and ordered to leave
the country after the Government declared him to be an
"undesirable alien," apparently because of his political
views. Although the section of the immigration law cited by
the Government in his case requires a conviction before
deportation. Father Hickey was neither charged with a crime
nor convicted. Several Lebanese nationals, accused of customs
fraud and other economic crimes, were summarily deported in
1987, also without benefit of judicial review.
The Constitution prohibits forced labor, and the practice is
firmly condemned by the Government. However, some have
alleged that authorities in rural areas force local citizens
to work on communal farms.
e. Denial of Fair Public Trial
Liberia's civilian court system is based on Anglo-American
jurisprudence and features similar judicial bodies, with the
Supreme Court at the apex. The Constitution provides for
public trials and states that there shall be no interference
with the lawyer-client relationship. Nonetheless, the judicial
system is often subject to manipulation, and reports of
financial or political pressure on the courts are not uncommon.
Despite constitutional provisions for separation of powers,
the judiciary has a history of succumbing to the wishes of the
executive. In June President Doe requested the resignation of
the entire Supreme Court, saying that the people had lost
confidence in it. All five justices complied, avoiding a
constitutional confrontation and allowing the President to
reconstitute the bench.
The new Chief Justice, Chea Cheapoo, accepted a presidential
mandate to direct wide-ranging judicial reform and began a
major reorganization of the courts with scant regard for
constitutional provisions regarding removal of judges.
However, his efforts came to an abrupt end in November when he
was impeached by the legislature following a dispute with the
President over his handling of what he described as an
attempted bribery case. Cheapoo had arrested and detained two
persons, including a municipal court judge, for allegedly
attempting to bribe him. The Chief Justice facilitated media
coverage of the arrest and repeated allegations of
presidential involvement in bribery. The following day.
President Doe overruled Cheapoo, ordered the two released, and
asked the legislature to consider whether Cheapoo's actions
were constitutional. In impeaching Cheapoo, the legislature
found that he had overstepped his constitutional authority by
arresting a sitting judge. It also found his earlier
dismissal of magistrates and other court officials to be
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LIBERIA
unconstitutional. While political considerations reportedly
loomed large in this impeachment action, the legal issues
involved in the bribery case and the impeachment proceeding
were not clearcut. The incident prompted a significant
political debate over the separation of powers and the
constitutional prerogatives of both the executive and the
judiciary.
Persons have the right to legal counsel and to bail in
noncapital offenses. Where the accused is unable to secure
his or her own lawyer, the court is required to provide legal
services, although this is rarely done for lack of resources.
Traditional courts, presided over by tribal chiefs, are not
bound by common law or conventional judicial principles; they
apply customary and unwritten law to domestic and land disputes
as well as petty crimes. These decisions may be reviewed in
the statutory court system or appealed to a hierarchy of
chiefs. Administrative review by the Ministry of Internal
Affairs and, in some cases, a final review by the President
may follow. Allegations of corruption and incompetence in the
traditional courts are common. Local officials closed tribal
courts on the Firestone plantation in July claiming that the
traditional judges were abusing their authority.
There were no known political prisoners held in Liberian
prisons during 1987. However, several individuals have been
detained for various periods (up to 2 months in one instance)
pending "security investigations." None of the individuals
involved was a political activist.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Military indiscipline remains a serious problem, reflecting a
general lack of professionalism among poorly paid enlisted
men. This surfaces in random shakedowns of civilians and
arbitrary interrogations which, in some instances, have
resulted in violence. In two separate incidents in July,
members of the Special Anti terror ist Unit (SATU) shot and
killed civilians, one after an apparently unsuccessful
shakedown attempt and the other following a traffic
disagreement. The soldiers involved were discharged and
turned over to civilian authorities for prosecution.
Interference in the lives of ordinary citizens occurs on a
wider scale in rural areas, where local officials wield
considerable power over the day-to-day activities of people
and where proper police and judicial procedures are less
likely to be followed. During the year, soldiers investigating
alleged security threats in Nimba and Grand Cape Mount Counties
reportedly harassed and threatened villagers, injuring some
and causing others to flee into the bush. Legislators and
other officials from Nimba County, the home of the leader of
the unsuccessful 1985 coup attempt, publicly complained that
soldiers and other security officials singled out citizens of
the county for harassment. President Doe responded to these
concerns by meeting with tribal leaders from the county in
October and visiting the county in late November. Following
his visit, he announced the closure of a substantial number of
internal check points throughout the country, including many
in Nimba County.
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LIBERIA
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Liberian press is lively, and, despite some degree of
self-censorship, opposition viewpoints are presented, even on
government radio and television. All media refrain from
direct attacks on the President and certain other government
officials. Seven daily newspapers are currently published in
Monrovia, one of which is government controlled, and each of
the four political parties began publication of party
newsletters during 1987. Two daily newspapers, not published
since mid-1986 because of government pressure, resumed
publication in 1987 with President Doe's approval. Their
return to print encouraged the press to become markedly bolder
in its investigations and editorials. When President Doe
encouraged the press to investigate allegations of corruption
in government, the newspapers began to publicize official
corruption at a number of government agencies. One newspaper's
revelations led to the dismissal of the Foreign Minister and
two other officials for alleged involvement in a government
scandal .
On at least two occasions, government officials reacted
harshly to newspaper articles critical of the Government. In
February police officials summoned reporters from one newspaper
to police headquarters following publication of an article
alleging police brutality and reportedly demanded that the
paper also print their version of the incident. In October the
Supreme Court cited three journalists for contempt of court for
publishing reports which challenged the Chief Justice to
substantiate his public allegation that some journalists are
corrupt. The case was apparently dropped following the
impeachment of the Chief Justice.
The Government reinstituted mandatory official accreditation
of journalists in 1987 and issued credentials to nearly 400
print and broadcast journalists. Although there is no
evidence that any application or request was denied, the Press
Union of Liberia objected to the new procedure as a form of
"prior restraint."
The Constitution includes provisions for freedom of expression,
including freedom of speech and of the press, but also
stipulates that persons be held "fully responsible for the
abuse" of this right. Decree 88a, passed by the military
Government in 1984, declares the spread of "rumors, lies, and
disinformation" a felony. Although this decree is widely
believed to be unconstitutional, it has not been revoked or
challenged in the courts and is therefore technically still in
force. Government authorities have not invoked the decree in
the past 3 years, and no individual has ever been convicted of
a violation of it. Nonetheless, journalists and others view
the decree as an undue restriction on freedom of speech and
the press and continue to call for its abolition.
Although no foreign publications are officially banned, the
Government still prevents circulation of the magazine West
Africa, which frequently publishes articles critical of the
Liberian Government.
The government-controlled Liberian Broadcasting System runs
the only television station in Liberia and two radio stations
which give priority to government news. The Government's
rural communication network offers a combination of
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LIBERIA
entertainment and development information to otherwise
isolated areas. Two religiously affiliated, politically-
independent radio stations are in operation and report
critically on local events, though their news programs are
subject to some government scrutiny.
b. Freedom of Peaceful Assembly and Association
The constitutional right to peaceful assembly and association
is observed more often in urban areas than in rural areas. In
1987 opposition groups conducted meetings and other
organizational activities in the Monrovia area without
interference from the Government. In some cases, meetings
were allowed to be held in government facilities. However,
government authorities in the countryside often prohibit
opposition groups from holding meetings within their
jurisdictions. Margibi County officials blocked several
attempts by one opposition party to hold political meetings in
the county in 1987. When opposition meetings do take place
outside Monrovia, participants frequently are harassed. In
May soldiers in Grand Bassa County arrested and detained
several members of an opposition political party who were
conducting a membership drive. A county official claimed that
the persons concerned, who were teachers, were barred by the
Constitution from participation in "active politics." (In
fact, the Constitution does not enjoin members of any
particular profession from political activity.)
Opposition groups did not attempt to organize any significant
public demonstrations in 1987, fearing that the Government
would react harshly if they did. A 1986 Supreme Court ruling
barred joint rallies and meetings of the collective
opposition; however, leaders of the various opposition
groupings meet on an informal basis without government
interference .
The ruling NDPL party maintains a task force, composed of
several hundred young men, mostly unemployed, which opposition
parties claim exists for the sole purpose of harassing and
intimidating political opponents. After a number of violent
confrontations with opposition members over the past few years,
the NDPL task force maintained a lower profile in 1987. In
January a number of task force leaders were detained on
misdemeanor writs issued by the Ministry of Justice after they
had threatened senior NDPL officials in an intraparty dispute.
In July the United Peoples Party announced the formation of
its own task force in reaction to perceived threats from the
NDPL task force. Thus far, there have been no direct
confrontations between the two groups. Although there is no
formal policy within the Government requiring membership in
the ruling NDPL, government employees are sometimes pressured
to join the party. Most senior civil servants are members of
the NDPL.
Although Decree 2a, which bans student political activity on
campuses, is technically still in effect, students participated
in political activities during 1987. In August the Liberian
National Student Union (LINSU) , wliich has been harshly critical
of the Government, held its first National Congress in 8 years.
Student unions at the University of Liberia and Cuttington
University also held elections without incident.
Nonetheless, there were at least two attempts to restrict the
activities of student organizations and their leaders. In
March, after considerable debate, the legislature rejected a
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LIBERIA
Government-sponsored bill which would have banned LINSU. In
July the acting President of LINSU and a prominent young
member of an opposition party were dismissed from their
positions as teaching assistants at the University of Liberia.
The university administration claimed the move was unrelated
to the political activities of the two, but no other university
employees were dismissed at the time.
Workers have the right to form unions, organize, and bargain
collectively. Liberia has a national trade union federation,
the Liberian Federation of Labor Unions (LFLU) , which is an
affiliate of the International Confederation of Free Trade
Unions, and several independent unions. Union organizing,
collective bargaining, and the internal operations of trade
unions are largely free from government interference. PRC
Decree 12 outlawing strikes and "any other type of labor
unrest" is still on the books, but brief strikes have occurred
despite this ban. The new labor code, which would supersede
Decree 12 by permitting strikes under certain circumstances,
has languished in the legislature since early 1986.
The Government does not recognize the right of civil servants
or employees of parastatals (public corporations) to unionize
or to strike. In March the legislature enforced this
prohibition by invalidating the charter of the National
Teachers Union. (The organization continues to function, but
as an "association" rather than a union.) In August a
Government-sponsored Civil Service Reform Bill was introduced
in the legislature which would codify these restrictions on
government employees and also enjoin them from membership in
political parties. The LFLU, the independent unions, and the
opposition political parties voiced strong opposition to the
measure, however, and the legislature adjourned without taking
action on the bill. In 1985 the International Labor
Organization (ILO) noted that the Liberian Government's
restrictions on government employees are in violation of ILO
Convention 87 regarding freedom of association.
c. Freedom of Religion
The Constitution states that freedom of religion is a
fundamental right of all Liberian citizens. No religion has
preference over any other, and there is no established state
religion. Christianity, brought by 19th-century settlers and
spread through the interior by missionaries, has long been the
religion of the political and economic elite. The majority of
the rural population continues to practice traditional
religions. Approximately 25 percent of the population is
Muslim. The Liberian Council of Churches, an organization
comprising most of the Christian denominations in Liberia,
occasionally plays a prominent role in national affairs.
Early in 1987, a Bong County court indicted over 300 members
of the Poro, a traditional secret society based in rural
areas, for criminal offenses related to attacks on Christian
missions. Poro members alleged that Christian clergy were
divulging Poro secrets in their quest to win converts.
Charges against the indicted Poro members apparently were
dropped after the two sides agreed, with the help of
government mediation, not to interfere in each other's
activities .
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LIBERIA
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides every person the right to move
freely throughout Liberia and to leave or enter Liberia at any
time. Although domestic movement was impeded by the extensive
network of internal checkpoints instituted in reaction to the
1985 coup attempt, the majority of these checkpoints were
dismantled late in the year. Police and military personnel at
these checkpoints routinely searched vehicles and solicited
bribes from passengers.
While restrictions on the foreign travel of former political
prisoners were lifted early in 1987, passport issuance was
sometimes delayed, apparently for political reasons. Exit
visas are required for all Liberians leaving the country.
Though these were routinely granted in 1987, persons wishing
to leave must first submit proof that they have paid taxes and
uti lity bi lis .
Refugees are not forced to return to the countries from which
they have fled. In a few cases, however, the Government has
sought to deport refugees who became involved in political
affairs. In 1986 the Government arrested a South African
refugee for participating in a political demonstration,
claiming that by doing so he violated the conditions of his
asylum in Liberia. The refugee was still being held in
custody without charges at the end of 1987 pending government
arrangements to deport him to another country.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Despite constitutional provisions and universal suffrage, it
has not conclusively been shown that citizens are free in
practice to change their government democratically. The
President and his ruling party, the NDPL, still have much more
power than other branches of government and other political
parties. Many officials from the former military regime,
which was headed by President Doe, still hold positions of
authority in the current Government, and the military, in
general, still wields substantial influence in political
affairs .
The legislature became increasingly assertive in 1987,
rejecting three presidential nominees for the Supreme Court
and defeating or deferring several pieces of legislation
supported by the executive branch. Nonetheless, the President
can still count on legislative support on issues of prime
importance to him. For example, after controversial remarks
by the Chairman of the United Peoples Party (UPP) in August,
President Doe convoked a special session of the legislature
and reportedly demanded that the party be banned. No action
was taken ultimately, but the heavy official condemnation of
the UPP leader served to chill the political atmosphere. On
another issue, the Cheapoo impeachment, the Senate was
unanimous in its impeachment conviction, despite the fact that
the general public was clearly divided on the issue. In each
of these incidents, widespread dislike for the target of the
President's ire helped him win legislative support. Opposition
parties continue to boycott the legislature; however, a group
of legislators, elected in 1985 on opposition tickets but
taking seats as independents, has formed a caucus and
functions as an informal opposition party.
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LIBERIA
The Constitution prohibits the creation of a one-party state,
ensures free and fair elections by secret ballot, and provides
for an Elections Commission to monitor all political activities
in the country. The elections law empowers the Commission to
certify parties, conduct all elections, and count election
ballots. The five Commission members are appointed by the
executive for life and currently are all ex-NDPL members.
Citing the widespread fraud that occurred during the 1985
elections, the opposition has called for an independent
vote-counting mechanism.
Three opposition political parties are officially recognized
by the Elections Commission--the United Peoples Party, the
Liberian Action Party, and the Unity Party. A fourth party,
the Liberian Unification Party (LUP) , had its charter revoked
for failure to comply with financial requirements for
registration .
In June 1987, nonpartisan elections for traditional tribal
chiefs were held by secret ballot. The Elections Commission
encountered great difficulty in educating the largely
illiterate rural population in election procedures. Reports
of vote-tampering and other irregularities also marred the
elections. A group of 47 unsuccessful candidates, from a
total of over 1,400 contenders, petitioned the Supreme Court
to invalidate the announced results. The issue dissipated
following an appeal to the chiefs from President Doe to accept
the election results.
The opposition UPP joined the NDPL in contesting byelections
for two legislative seats in December. Turnout for the
elections, which were won by the NDPL, was very low.
Controversy arose once more over vote counting procedures,
although the UPP did not formally challenge the outcome.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No international organizations are known to have sought the
Liberian Government's cooperation in 1987 to investigate any
alleged human rights violations. The Government permitted
representatives from several groups, including Amnesty
International and the Lawyers Committee for Human Rights, to
observe controversial treason trials held in 1986. The
Government received an official from the International
Committee of the Red Cross (ICRC) in May and routinely permits
representatives of the local Red Cross to visit prison
facilities in the Monrovia area. The isolated maximum security
prison at Belle Yella is generally considered off-limits to
outside inspection, though a group of reporters was permitted
to visit the facility in 1986.
The National Alliance for Peace and Human Rights, a nonpartisan
human rights organization formed by Liberians in 1986, lapsed
into inactivity in 1987, in large part because of
organizational problems. While the Government never granted
the group official recognition, there was no attempt to
prevent it from meeting.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution states that "only persons who are Negroes or
of Negro descent" shall qualify by birth or naturalization to
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LIBERIA
be citizens of Liberia. The Constitution further states that
only Liberian citizens can own real property. These provisions
discriminate against many nonblack residents who were born in
Liberia and consider it their home. Otherwise, there is no
officially sanctioned discrimination on the basis of race,
sex, religion, language, or social status. However, members
of President Doe's Krahn ethnic group hold a disproportionate
number of high posts in the Government and military and are
widely believed to be given preference in competing for
lower-level jobs.
The status of women varies by region. In urban areas and
along the coast, women can inherit land and property. In
rural areas, where traditional ties are stronger, a woman is
normally considered the property of her husband and his clan
and is not usually entitled to inherit from her husband. In
newly urban areas, many women are subject to both customary
and statutory legal systems. Female circumcision is widely
practiced by those Liberians following traditional religions.
Women in Liberia currently hold posts in the Cabinet, the
legislature, the judiciary, and professions throughout the
modern economy, but remain underrepresented in most jobs in
the wage economy.
CONDITIONS OF LABOR
Liberia's labor laws provide for minimum wages and set health
and safety standards. The minimum wage of an agricultural
worker, for example, is $2.00 per day. The workweek is
normally 40 hours. Inspection is not rigorous, however.
Employers are prohibited from employing children under 16
years of age during school hours. This is a difficult statute
to enforce, since many children are engaged in subsistence
farming and only a minority ever attend school. Any employee
can file a grievance with a labor inspector.
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MADAGASCAR
Madagascar is governed by a president and a parliament (the
National Popular Assembly), both elected by direct universal
suffrage, which together choose the Supreme Revolutionary
Council. President Didier Ratsiraka has broad constitutional
powers, and his position is further strengthened by the
influential role played by his political party, AREMA, which
holds an overwhelming majority in the National Popular
Assembly. Elections are actively contested within the
controlled political framework sanctioned by the Government.
This framework permits political activity only by the seven
parties making up the National Front for the Defense of the
Revolution. The political orientation of the seven parties
ranges from moderate and pro-Western to pro-Soviet. The
President chairs the Supreme Revolutionary Council, composed
of political and regional leaders and representatives of the
military forces. The Council approves basic policy and
guidelines, convenes and adjourns the National Popular
Assembly, and passes laws when the Assembly is not sitting.
The Malagasy internal security forces are composed of the
urban police force and the National Gendarmerie, the latter
has jurisdiction in the provinces. On occasion, the National
People's Army has also been used for internal security
purposes .
In 1987 continuing vigorous debate in the Assembly over the
recurrent stagnation of the economy and conseguent unrest led
four of the parties within the National Front to form an
opposition alliance. This alliance, in an unprecedented move,
voted against the national budget in the 1986 session, lending
further credence that a genuine opposition in Malagasy
politics may be evolving.
The Malagasy Constitution adopted in 1975 made "socialism" the
State's political philosophy. This led to the nationalization
of a major portion of the economy. The private sector was
reduced to a secondary, albeit still important, role. The
economy subsequently deteriorated as production declined,
foreign debt rose, and unemployment grew, especially among the
youth (60 percent of the population is under age 25). In
recent years, however, the Government has taken steps toward
liberalizing the economy. Reform measures in the production
and marketing of rice have, for example, begun to show
positive results.
Although fundamental liberties and individual rights are
guaranteed by the Constitution, several of these rights, such
as freedom of the press and freedom of assembly, are
restricted in practice or are subject to exclusionary clauses
in most laws. Rights such as the inviolability of the home
and due process may also be disregarded in cases involving
state security.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
While there were recurring rumors of politically motivated
killings, there has been no conclusive evidence to
substantiate such rumors. For instance, in May 1986, the
Minister of Defense, his Secretary General, and the Director
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of OMNIS (the Military Office of Strategic Industries) were
killed in a plane crash along with eight other people. While
there is no evidence that the plane was sabotaged, the
Government launched an official inquiry into the matter, the
findings of which have yet to be published. Amnesty
International in its 1986 Report (covering 1985) called on the
authorities to investigate the death of Father Sergio Sorgone,
a Roman Catholic priest, who may have been killed for political
reasons by members of the TTS, a paramilitary youth group which
supports the Government, as well as the deaths of four other
priests who may have been victims of political killings. More
recently, the near fatal stabbing in September of a senior
opposition party official and member of the Supreme
Revolutionary Council, Dr. Radio Celestin, has once again
stirred rumors of political crime.
In 1987 there was no further violence involving members of the
TTS and the "kung-fu" movement. Following street fighting in
1984, the victorious kung-fu groups began to play a vigilante
role in Antananarivo's poorer districts and thus represented a
threat to the State. The ensuing clashes in August 1985
between the military and the kung-fu adherents resulted in,
according to the official count, 20 dead, 31 wounded, and 208
arrested. In their suppression of the kung-fu threat, the
military entered some homes without court orders and ransacked
them, shot some suspects on sight, and arrested others without
formal charges.
b. Disappearance
There were no confirmed cases of politically motivated
disappearance in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
While there were no documented cases of physical torture
occurring in Madagascar, some organizations in the security
apparatus, notably the state secret police, have a reputation
for ruthless methods. The kung-fu prisoners have allegedly
suffered from very cruel treatment while in detention. There
have also been credible reports of the alleged use of torture
by the armed forces in the Government's campaign against
outlaw bandits in Madagascar's southwest.
Malagasy prisons are increasingly inhumane in terms of living
conditions. Some prisoners are not fed regularly, medical
care is not provided, infections are commonplace, prisoners
rarely have the opportunity to wash, and clothing is not
provided. The death toll rises significantly among prisoners
during the cold winter months.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Persons suspected of activity against the State may be legally
detained incommunicado for 15 days, subject to indefinite
extension if considered necessary by the Government.
Indefinite extension is frequently deemed necessary. In the
past, certain defendants involved in security cases were
detained without being brought to trial for periods ranging
from 20 months to over 5 years. Such extended periods of
pretrial detention are exceptions and are usually limited to
cases involving national security.
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In a normal criminal case, the accused must be charged or
released within 3 days of arrest. Defendants in ordinary
criminal/civil cases are generally charged formally within the
specified time frame, and upon being charged, are permitted
legal counsel. Counsel is readily available, and court-
appointed counsel is provided for indigents.
Thirty-seven of the kung-fu adherents, including one woman,
have been imprisoned without trial since August 1985 at
Arivonimamo prison. At the end of 1987, no trial had been
scheduled, and they had not been charged. In its 1987 Report
(covering 1986), Amnesty International expressed concern about
these detentions, and stated that some may be "prisoners of
conscience. "
Forced labor is not practiced in Madagascar.
e. Denial of Fair Public Trial
The Malagasy Constitution provides for an independent
judiciary. In practice, the judiciary seems to function
without outside influence from the executive.
The judiciary has three levels of trial courts: lower courts
for civil and criminal cases in which limited sentences may be
levied, a Court of Appeals which includes a Criminal Court for
cases in which sentences of 5 years or more may be imposed,
and a Supreme Court. The judiciary also has a number of
special courts designed to handle specific kinds of cases
under the jurisdiction of the higher courts. A High
Constitutional Court, with a totally separate and autonomous
status, watches over the constitutionality of laws, decrees,
and ordinances and ensures the legality of elections. A High
Court of Justice, charged with prosecuting malfeasance in the
Government, is provided for in the Constitution but has never
come into existence. A Military Court has jurisdiction over
all cases involving national security. The trial for the
kung-fu adherents could take place in either the Military
Court or the Criminal Court of the Court of Appeals.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State does not generally intervene in nonpolitical aspects
of the lives of the people. The home is inviolable under
Malagasy law, and intrusions into an individual's residence,
except in political or sensitive cases, must be made under the
authority of a search warrant. However, in their suppression
of kung-fu gangs, the military entered some homes without
court orders and ransacked them.
Although government economic policies limit the choices,
Malagasy citizens may make their own decisions, without
government coercion or interference, in such matters as
changing jobs or residence, marriage, having children, and
joining permitted political parties or social organizations.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Private citizens have limited freedom to criticize government
officials and policies without fear of arrest by the local
authorities, but such criticism must be carefully worded.
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Direct criticism of the President or the "Socialist
revolution" is not tolerated.
Madagascar has one of the highest literacy rates in Africa,
and Malagasy citizens attach great importance to the press.
What is printed in the newspaper often has an impact on the
nation's policymaking apparatus. Critical examination of a
range of policy issues such as economic management,
transportation, and education can be found in the printed
press. However, censorship is prescribed by the Government
and executed by the Ministry of Interior. Copies of the daily
newspapers are submitted to the censors prior to printing.
When censorship is enforced, the newspaper leaves blank those
columns where the offending articles would have appeared. In
instances of violations of censorship, the Ministry has and
occasionally uses its administrative authority to suspend
publication. There is one government-owned newspaper. The
two major independently owned newspapers are Madagascar Matin
and Midi Madagasikara . Several other dailies and weeklies are
published by party groups and independent publishers, including
the outspoken and candid Catholic newspaper, Lakroa.
The Government owns the radio and television stations.
b. Freedom of Peaceful Assembly and Association
The rights of assembly and association are restricted.
Permits are required to hold public meetings and can be denied
by the Government if officials believe that the meeting poses
a threat to the State or endangers national unity. Persons
and groups belonging to parties of the National Front are
permitted to organize and assemble. Nevertheless, since
political activity by groups outside the National Front is
prohibited, dissenting political opinion is limited.
The first half of 1987 witnessed a resurgence of major student
unrest in the form of massive, violent demonstrations and
student strikes sparked by student opposition to educational
reform measures announced by the Government in late 1986.
Although the right to organize labor unions is recognized,
unions are not important either politically or economically.
The labor force, about 4.9 million workers, is mostly agrarian
(85 percent). Union labor accounts for less than 5 percent of
the total. Unions are permitted to strike and conduct wage
negotiations, but because of the depressed economy, strikes
have been few, and trade unions relatively quiescent. Most
unions are affiliated with National Front parties.
Madagascar is an active member of the Madagascar delegation to
the International Labor Organization (ILO) and was a
participant in discussions regarding the rights of seamen to
organize trade unions at the 74th annual meeting of the ILO in
September 1987. Unions are affiliated with regional and
international labor bodies such as the International
Confederation of Free Trade Unions and World Federation of
Trade Unions.
c. Freedom of Religion
The Government is secular, and there is no official religion.
There is no discrimination on the basis of religious
affiliation, and persons are free to follow the faith of their
choice. Missionaries and clergy are generally permitted to
operate freely, and the Government has so far made no effort
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to restrain those Christian churches which have become more
active in criticizing government policies. Over half of the
population is either Catholic or Protestant, with the remainder
following traditional Malagasy religious beliefs or other
faiths .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government has imposed no restriction on travel within the
country. Official approval must be obtained for trips outside
the country, but there has been only one known instance in
which approval was denied due to the person's political
views. Foreign travel is impeded by the difficulty in
obtaining foreign currency. The Malagasy franc is not
convertible abroad, and the Government limits the amount of
hard currency that can be obtained for foreign travel. There
is no refugee population in Madagascar.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The electorate's choice is constrained by the nature of the
political system, since the only political parties allowed to
operate in Madagascar are those which are members of the
National Front. However, there exists a range of ideological
and policy views among the seven Front parties, and there are
viewpoints within this spectrum which are at odds with the
policies of the administration. Thus, the electoral process
provides the voters a chance to choose among candidates
expressing differing views in local and regional elections, as
well as in the Assembly and presidential campaigns. The 137
members of the National Popular Assembly are elected by
universal suffrage for 5-year terms. The last election was in
1983. (The Supreme Revolutionary Council, in October,
extended the terms of Assembly deputies by 9 months, according
to official reports, for economic reasons.) The President is
elected to a 7-year term with the next election falling due in
1989. The electoral process, although not completely free
from irregularities, has been essentially straightforward in
recent elections. The political system in Madagascar also
reflects a considerable degree of regional balance.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has not cooperated with groups wishing to
investigate alleged human rights violations and has denied
visas to Amnesty International representatives. When the
President's opponent in the 1982 election campaign called for
supervision of the elections by Amnesty International, the
President rejected the proposal as being derogatory to
national sovereignty. In the absence of private human rights
groups, the Christian churches in the country have taken the
lead in advocating human rights. Although the Government is
sensitive to criticism emanating from this guarter, it has not
officially responded to guestions or criticisms from the
churches or any other group.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While there appears to be no customary practice of
institutional or systematic discrimination on the basis of
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ethnic grouping in Madagascar, a serious outbreak of violence
and plunder of Indian-owned property across Madagascar
occurred in March. This prosperous community estimated at
some 18,000 persons of Indian origin, referred to locally as
"karana," is essentially engaged in commerce. The "karana"
are generally considered by the Malagasy as not prone to
integration due to a variety of religious and cultural
reasons. While no Indians were killed in these riots, several
looters were killed, many wounded, and property damage was
great. The looting reportedly began when allegations
circulated that Indian retailers were involved in rice
speculation and illegal transactions in scarce items such as
cooking oil and sugar. The simultaneous outbreak of these
riots in cities across the island and limited damage outside
the Indian community have fueled rumors that these incidents
were carefully coordinated and organized. The Chinese and
French communities also have experienced some resentment from
the Malagasy mainly because of their success in commerce.
These groups have occasionally been the target of local
government policies favoring Malagasy nationals.
Madagascar has what is essentially a matriarchal society. A
highly visible role for women has long been recognized as an
integral part of the country's sociological framework. Women
have a lengthy tradition of involvement in high-level
political activity, and currently women are members of the
Cabinet, the Supreme Revolutionary Council, and the Assembly.
Women are also active and play major roles in the various
political parties. Women have a prominent role in the
business and economic life of the country, with many of them
managing or owning business concerns or filling management
positions in state industries. Education at all levels is
open to women. However, women in rural areas and among the
poor face a greater degree of hardship. In addition to the
responsibilities associated with child rearing and household
management, economic necessity forces these women to engage in
farm labor or other similar activities. These conditions stem
more from socioeconomic factors than from a discrim.inatory
bias against women in Malagasy society.
CONDITIONS OF LABOR
The Malagasy Work Code and its enforcing legislation set forth
the working conditions required for employees. The Work Code
describes a child as any person, regardless of gender, under
the age of 18. The minimum age for employment is 14, but the
use of child labor is prohibited in those areas where there is
apparent and imminent danger. There is a 44-hour workweek in
nonagricultural and service industries. There are also
provisions for holiday pay, sick and maternity leave, and
insurance. Malagasy law distinguishes between agricultural
and nonagricultural work. The average minimum wage is about
15 cents per hour. The Work Code has rules concerning
building safety, machinery and moving engines, operational
safety, and sanitation standards. It appears that in
practice, the rules and regulations of the Code are adhered to
by employers and are enforced by the authorities. Labor
inspectors carry out regular visits to industrial work sites.
Violations of safety, sanitary, operational, and other work
code provisions are the subject of reports by these
inspectors. If the violations are not remedied within a
specified time frame, the violators are legally charged and
subject to various penalties.
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The President of Malawi, Dr. H. Kamuzu Banda, has maintained
nearly undisputed control over political life and government
since he led the country to its independence in 1964. He was
proclaimed "Life President" in 1970. Political activity is
limited to participation in the sole legal party, the Malawi
Congress Party. Malawi inherited a parliamentary form of
government from Great Britain. Parliamentary elections, which
are required at least every 5 years, were held in 1987.
Almost all constituencies were contested, although only
candidates selected by the party and approved by the President
were allowed to run. Nearly half of the incumbents were not
reelected. Constitutional amendments and laws passed by the
Parliament reflect decisions already taken by the President.
Military, police, and party security organs suppress opposition
to the Government and monitor a wide range of activities. The
small Malawian military establishment (6,000 men) faced a major
new problem in 1987: providing military protection to permit
the reopening and operation of the Nacala railroad line in
Mozambique, pursuant to a December 1986 accord.
Malawi is a small, densely populated, landlocked country whose
principal assets are moderately fertile soils, good water
resources, and a climate favorable to crop production. It has
a primarily market-oriented economy. Since 1981 the Government
has been pursuing a structural adjustment program, with the
assistance of the International Monetary Fund and the World
Bank. It has made substantial progress in agricultural
development and has been moving to reduce subsidies and divest
itself of parastatals (public corporations). Despite this
progress, annual per capita gross national product in 1985
measured only $210 per year. Malawi's population of 7.2
million people is growing at an estimated annual rate of 3.1
percent. Possessing no significant mineral resources or
industrial sector, Malawi is heavily dependent on agriculture
for export earnings and employment.
In 1987 human rights continued to be widely circumscribed.
Two cases again received international attention from human
rights groups, as appeals and inquiries were made on behalf of
a former opposition leader, Orton Chirwa, and his wife. Vera
Chirwa, both serving life sentences for alleged treason
(commuted from death sentences in 1984). In September the
Government arrested a well-known professor and poet and
continued to detain him without charge at the end of 1987.
Over the past year, Malawi became host to one of the largest
refugee populations in Africa. Since mid-1986, when it had
almost no refugees, Malawi has experienced a massive influx of
Mozambicans fleeing anarchic conditions, famine, and fighting
between Mozambican government forces and insurgents. By the
end of 1987, there were approximately 400,000 refugees in
Malawi. In some areas their numbers were equal to the
Malawian population. The Government has accepted these
refugees and, with the help of international humanitarian
organizations, worked to provide adequate relief assistance.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no allegations of politically motivated killings
during 1987.
b. Disappearance
There were no known political disappearances in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Beatings by the police at the time of detention or arrest, or
during interrogation, are illegal but do occur. In its 1987
Report, Amnesty International stated that severe beatings of
political detainees and criminal suspects were reported to be
common. It also noted that the organization investigated in
1986 two reported deaths of detainees due to torture.
Prison terms of hard labor are the norm for common criminals.
Prison conditions are generally believed to be poor but are
difficult to verify since access to prisons is tightly
controlled. According to one report, some criminals were sent
to remote prisons where insufficient food was provided.
Several are believed to have died of malnutrition.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under the Preservation of Public Security Act, the President
may order the arrest, search, and detention of any person the
Government suspects may "undermine" the authority of the
Government. A person arrested under this law can be detained
indefinitely by the police without trial. The Act also
authorizes certain officials to detain individuals for 25 days.
Whether or not under the Public Security Act, Malawi residents
may be picked up at the whim of the authorities, held without
charge for varying and indeterminate lengths of time, and
released. Persons may be detained for "political" offenses
against the party or government. Suspicion of corruption also
is a frequent cause for arrest. Those detained are rarely
charged officially or brought before courts. It is impossible
to estimate the number of arbitrary detentions and arrests
made in Malawi in 1987. Persons charged with crimes are
usually held in custody while awaiting trial, and delays of 3
years or longer before a case is heard are common.
In one such case, Aleke Banda, a former high-ranking member of
the Government and party, has been detained for over 7 years
although charges against him have not been made public. Jack
Mapanje, the head of the English Department at Chancellor
College, was arrested by police on September 25. The reasons
for his detention have not been made public, but it may be
related to his poetry, some of which was doubtless seen as
critical of the Government.
Forced labor is sometimes used as a form of criminal punishment
but is not otherwise practiced.
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MALAWI
e. Denial of Fair Public Trial
Malawi has both a traditional court system, which deals with
most criminal cases against Africans, including most capital
offenses, and a modern court system which generally handles
civil cases and criminal cases against Europeans and Asians.
Those charged under the Military Code of Justice are tried in
military courts. Lawyers are not permitted to assist
defendants in traditional court cases, but legal counsel is
permitted in the modern court system. The right of appeal
exists in both the modern and traditional court systems. Most
political cases are tried in the traditional court system, as
in the case of Orton and Vera Chirwa, who were sentenced to
death in 1983 by the Southern Regional Traditional Court, but
subsequently had their sentences commuted to life imprisonment.
In practice, the Government and party exert little control in
cases tried in the modern court system consisting of the High
Court and Magistrate Courts. The President appoints the Chief
Justice of the High Court who, in turn, appoints other modern
court justices. Magistrates may be removed from their
positions for incompetence, malfeasance, or in the public
interest as determined by the executive branch. This lack of
job security acts as a form of government pressure. These
courts are open to the public, and defendants are charged
publicly.
The three traditional courts at the regional level deal with
most capital offenses. Police officials handle the
prosecution, and defendants handle their own defense. There
is no presumption of innocence, and common law rules of
evidence do not apply. Traditional court justices are
appointed directly by the President. Of the five members of
each regional traditional court, three are chiefs generally
without formal legal training, one is a trained lawyer who
advises the court, and the fifth, the chairman, has had a
course in law. Traditional court proceedings and the records
of those proceedings are not open to the public, although
summaries of some cases have occasionally been published in
the newspapers. It is generally believed that there is little
executive interference in traditional court cases dealing in
matters of customary law. A guilty verdict is reviewed by the
National Traditional Court, and a ministerial committee
considers clemency.
The Forfeiture Act permits the Government to revoke the
property rights of those suspected of economic crimes. These
revocations sometimes have political overtones. When the
Forfeiture Act is invoked, the person loses all worldly
possessions, including business and financial and personal
assets. Revocation of property rights is carried out by
executive fiat with no judicial review. Notice of forfeiture
must be published in the official gazette. In 1987, for the
first time in several years, the Forfeiture Act was invoked.
About 26 forfeiture actions were undertaken against individuals
and businesses, apparently because they were suspected of
involvement in illegal foreign exchange transactions.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Police enter houses of suspects at will under special entry
authority to conduct searches for people or incriminating
evidence. The authorities monitor correspondence and often
open domestic and international mail.
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Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Criticism of the Government and its policies is not allowed,
even by the Parliament. The Public Security Regulations make
it an offense to publish anything likely "to undermine the
authority of, or public confidence in the Government."
Although the Life President is in his late 80's, discussion of
Malawi's political future after his death also is not
permitted. In a speech in September, the President himself
addressed the issue, saying he would not name a successor.
His remarks were widely reported, but it was clear that their
intent was to limit speculation rather than encourage public
debate.
The media do not submit their news items and programs to the
Government in advance for approval or censorship, but informal,
strict self-censorship "guidelines" are understood by the
media. The penalty for publishing material which meets with
official displeasure can be severe. Journalists have been
jailed for extended periods for overstepping these
"guidelines." The two newspapers and sole government-owned
radio station have, however, exhibited increasing candor in
coverage of international issues. In addition, criticism of
the efficiency of some government departments has appeared in
the media and Parliament.
Limited freedom of inquiry into the natural and social
sciences exists at the university and may include some
examination of radical political ideologies, provided this
does not extend to explicit criticism of the Government. The
arrest and detention of Professor Mapanje raised new concerns
in the academic and intellectual community.
b. Freedom of Peaceful Assembly and Association
No political meetings are permitted, other than those of the
Congress Party. Individuals may be imprisoned if they further
the aims of an "unlawful society," that is, any group
considered to be "dangerous to the good government of the
Republic." In the nonpolitical sphere, individuals and
organizations generally are free to meet and associate.
Professional, fraternal, and service organizations exist and
are encouraged by the Government.
In the small wage sector, labor unions exist, but their
activities are highly circumscribed, and they are generally
ineffective in achieving gains for workers. The principal
explanation is as much economic as political: the economy of
Malawi can sustain only a small number of wage earners, most
of whom occupy positions as unskilled laborers on large estate
farms .
Collective bargaining theoretically is allowed, but its use is
limited. The Government intervenes to influence wages and
working conditions. Malawi law guarantees the right to
strike, but in practice strikes do not occur. Labor unions
come under the umbrella organization, the Malawi Trade Union
Congress (MTUC) . With government supervision, the MTUC
associates with international organizations and is a member of
the Organization of African Trade Union Unity and of the
International Confederation of Free Trade Unions.
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c. Freedom of Religion
There is no state or preferred religion, but religious groups
are required to register with the Government. Except for
Jehovah's Witnesses, religious groups may establish places of
worship and train clergy. Their publications, like all others,
must not criticize the Government or the party. They are free
to establish and maintain links with coreligionists in other
countries, and members are free to travel abroad. Similarly,
missionaries from abroad are permitted to enter Malawi and
proselytize. There is no tie between a particular religion
and the Malawi Congress Party.
Jehovah's Witnesses, whose religious convictions prevent them
from joining party groupings, have been banned since 1967.
The Government considers the sect's activities to be
disruptive of "the prevailing calm, law, and order." There is
no evidence that Jehovah's Witnesses have been active in
Malawi in recent years, except for a group of several hundred
Mozambican refugees. The Government has treated this group in
a nondiscriminatory manner.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are few restrictions, in practice, on movement within
Malawi, though legal provisions exist for restricting the
movement of those convicted of political or criminal
offenses. Asian residents and citizens are free to travel
within the country but must reside and work in one of four
urban areas (Lilongwe, Zomba, Mzuzu, and Blantyre/Limbe) .
Denial of passports on political grounds frequently extends to
family members of persons in political disfavor and to those
persons the Government suspects may criticize it if allowed to
travel abroad. Civil servants and employees of state-owned
enterprises must obtain written permission to travel abroad,
even on vacation. Obtaining such clearance can take from a
few days to several months. Formal emigration is neither
restricted nor encouraged. With the exception of a small
group of political dissidents, there is no outward flow of
Malawian refugees from the country. Citizenship may be
revoked but in practice this is not done.
Malawi has acted in a responsible and responsive manner to the
large influx of Mozambicans it hosts. The refugees, located
in heavily populated areas with little available land, have
placed a great strain on the economy and on the transportation
and social services networks. The Government has devoted many
of its own scarce resources to assisting the refugees and has
permitted international and private voluntary organizations to
operate relief efforts. These efforts are coordinated by a
committee chaired by the Ministry of Health. The United
Nations High Commissioner for Refugees (UNHCR) was allowed to
open an office, and Malawi has also acceded to the Geneva
Convention Relating to the Status of Refugees. The U.N. and
other international assistance groups are able to travel
freely to assess relief needs and to investigate allegations
of protection problems. There were no substantiated reports
of Mozambicans being forcibly repatriated from Malawi in 1987.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Malawi do not, in practice, have the ability to
change their government. All political decisions are made
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either directly by the President or those few closely
associated with him. No opposition political parties or
movements are permitted. Membership in the Malawi Congress
Party is not mandatory but is often coerced. Active
membership is expected of those who aspire to government
positions (including the Civil Service) or professional
success outside of government. Party membership is often
required of school children and of those who seek access to
government services or entrance to local markets. The annual
renewal fee is only about 25 cents, but this can be nearly
half a day's pay for a minimum wage earner. In addition, when
the President visits an area, financial contributions from
individuals and businesses are expected. Nearly half the
population holds at least nominal party membership.
The party's structure provides for some choice among
candidates for party, parliamentary, or other offices. For
example, in the parliamentary elections held in 1987, there
were several candidates for election in a number of
constituencies. Nearly one-half of the incumbent Members of
Parliament were not reelected. All nominees, however, were
selected by the party and submitted to the President for
review. Active campaigning was not permitted. The National
Assembly (Parliament), consisting of both elected and
appointed members, is mainly concerned with ratifying
government policy. Its powers are broadly based in law, but
highly circumscribed in practice. Women may join the party
and vote. Women hold 10 of the 112 elected seats in
Parliament. No women hold ministerial level positions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government does not permit organizations such as the
International Committee of the Red Cross or Amnesty
International to conduct human rights investigations in
Malawi. Nongovernmental organizations devoted to the
furtherance of human rights are not permitted to exist.
Expressions of interest in alleged human rights problems by
outside groups or persons are not welcomed and are usually
ignored. Few government officials are even willing to discuss
the subject of human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While Malawi remains one of the world's least developed
countries, economic and social needs of ethnic Africans are
generally met on a nondiscriminatory basis. Asian residents,
however, have been discriminated against in recent years. For
instance, Asians, whether Malawian citizens or not, have been
compelled to transfer ownership of rural shops and trucking
businesses to ethnic African Malawian citizens, and within
some urban centers, strict rules governing where Asians may
own property result in limitations on where they may reside.
Prior to 1987, persons who held foreign passports could reside
indefinitely in Malawi. Recent legislation, however, aimed
primarily at persons of Asian origin, rescinded this
permission. These changes in the citizenship law, together
with the Forfeiture Act actions (which have been applied in
large measure against Asians), have led many in the small
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Asian community (about 5,000 persons) to question whether they
have a long-term future in Malawi.
Women are limited to the roles defined by a traditional
African society and do not have opportunities equal to those
of men. As mothers, women enjoy access to the traditional
health services and to extension programs designed to improve
women's homemaking abilities. Such programs, while
beneficial, have failed to recognize the importance of women
as agricultural producers in the rural sector (roughly 70
percent of all smallholder farms and over 50 percent of
subsistence holdings are headed by women) and the potential
role women can have in the modern sector. Although males
still have a comparative advantage in terms of educational and
employment opportunities, the Government has initiated
programs to begin to rectify existing discrimination. For
example, a third of the positions in the public education
system have been reserved for women. Although Malawi's
traditional tribal leadership structures are primarily
matrilineal, several small ethnic groups grant fewer rights
and privileges to women and occasionally continue to practice
female circumcision.
Malawi enjoys a considerable degree of ethnolinguistic
uniformity. The vast majority of the population speaks and/or
understands Chichewa, which became the national language in
1968. English is the official language for government and
business. Malawi's indigenous groups are sufficiently alike
in culture and social organization to permit relatively easy
interaction, including intermarriage, social and residential
intermixture in agricultural settlements, and political
cooperation alliances.
CONDITIONS OF LABOR
The minimum working age is 14, though this applies only to the
relatively small urban wage sector. Less than 15 percent of
the work force is employed in the formal wage sector. For
those fortunate enough to hold paid jobs, wages and working
conditions are generally adequate, and paid holidays and
safety standards in the workplace are required by law.
However, enforcement of these standards is limited. Wage
levels are low--the minimum wage is about 50 cents per day in
the urban areas--ref lecting the abundance of unskilled labor
and a government policy to limit the rural-urban income gap
and hence the rate of migration to the towns. Government
regulations limit the workweek to 45 hours in the construction
industry, and 48 hours in other industries. In practice, most
employees work between 37.5 and 42.5 hours per week over 5
days .
176
MALI
Mali is a single party state in which effective authority is
exercised by General Moussa Traore, President of the Republic
and Secretary General of the Democratic Union of the Malian
People (UDPM) . President Traore assumed power in 1968 through
a military-led coup, and the military Government adopted a new
Constitution in 1974. Since then, under Traore's leadership,
the military has continued to exercise influence in party and
civilian affairs but increasingly has turned over day-to-day
operations to civilians and encouraged civilian participation
in the country's political life at all levels of society. In
1987 military officers held approximately 22 percent of cabinet
portfolios, and 20 percent of the seats in the party's Central
Executive Bureau. Military officers occupied 4 of the 7
governorships, 11 of the 46 districts, and an important portion
of lower-level administrative posts, particularly in the border
areas .
Mali maintains an army and air force, and the mission of the
armed forces is to provide both external and internal security.
The gendarmerie (paramilitary police) assists in the latter
effort. There is a presidential guard. Mali has no special
internal security force.
With an annual per capita gross national product of $190, Mali
is among the world's 10 poorest countries. It is landlocked
and lacks easily exploitable mineral resources. Its economy
rests on subsistence farming and animal husbandry, both of
which have been adversely affected by severe droughts in the
1970's and 1980's. Cotton and cattle are the major exports.
While its economic situation remains precarious, its population
continues to increase rapidly. In 1987 the Government
struggled to implement an economic structural adjustment
program but remained dependent on external aid.
The political and human rights situation did not change
significantly in 1987. Organized political opposition groups
are not permitted in Mali. However, in the context of
preparation for the March 1987 extraordinary party congress,
public party and union meetings provided arenas for citizens
to criticize government economic reform policies, corruption,
inefficiency, and acquisition of illicit wealth by government
officials and private citizens. The President appointed a
special investigating commission, authorized and endorsed by
the extraordinary party congress, to delve into corruption
charges in the Government and business. The commission has
extensive authority to examine documents and individuals. The
commission is not a party body, although its members belong to
the ruling UDPM. It submitted its initial report in November.
On the basis of that report, a special court examined 47 cases
against 71 persons accused of embezzling public funds.
RESPECTS FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No politically motivated killings were reported in 1987.
b. Disappearance
No incidents of disappearance, abduction, or hostage-taking
were reported in 1987.
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MALI
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Government of Mali does not condone police brutality, and
has issued specific instructions prohibiting brutality against
suspects. However, physical abuse of suspected persons
sometimes occurs during police interrogation. Torture is
rare, but public beatings by the citizenry of persons
identified as thieves occasionally take place.
Prison conditions are harsh. Lack of resources results in
inadequate facilities. Prisoners can be sentenced to hard
labor, and they sometimes perform road maintenance work
Several prisons are located in isolated inhospitable northern
desert regions.
In its 1987 Report (covering 1986), Amnesty International
expressed concern about the harsh conditions at Taoudenit
prison camp. There is no evidence that any political
prisoners are being held at Taoudenit. Prisoners there have
been sentenced to hard labor in the local salt mine. Amnesty
also noted that it had received reports that eight persons,
who had helped a student leader escape the country in 1986,
had been held incommunicado by police for 10 weeks. Several
were reported to have been hung by their hands or feet and
denied adequate food and medical attention.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
No incident of arbitrary arrests, detention, or exile, was
reported in 1987. The Malian judicial system is based on the
French model. Detained persons do not have the right to a
judicial determination of the legality of their detention, but
arrests cannot be made without formal charges. However, in
political cases, the authorities do not always follow this
practice. For example. Amnesty International received reports
that six persons arrested in 1986 in connection with alleged
student opposition to the Government were held for over 5
months before a formal order authorizing their detention was
issued. The students were tried, sentenced, and released with
all the time spent in prison applied to reduction of their
sentences .
Malian law does not provide for release on bail, but detainees
are sometimes released on their own recognizance. Prisoners
are usually allowed access to a lawyer of their choosing.
Administrative backlogs cause frequent delays in scheduling
trials .
Forced or compulsory labor is prohibited except in cases of
convicted criminals.
e. Denial of Fair Public Trial
New laws have been enacted to make the judicial system conform
to Malian life, but French colonial laws not abrogated still
have the force of law. The judiciary is not independent but
rather part of the executive branch. At the apex is the
Supreme Court with both judicial and administrative powers.
Trials generally are of short duration. While confessions are
generally not coerced, in practice defendants usually admit
guilt in the hope of receiving a more lenient sentence and
allow their lawyers to argue mitigating circumstances. The
verdict and sentence are rendered by a panel of three judges.
Once convicted, redress depends on an appeal for a presidential
178
MALI
pardon or a request for a new trial. The Constitution
stipulates that the National Assembly can convene a High Court
of Justice to hear cases against state ministers, but this
court did not meet in 1987.
Although the exact number of political prisoners is not known,
it is believed to be very low. The Government uses its
Independence Day celebrations as an annual occasion to grant a
limited number of pardons, including to selected political
prisoners. In September 1987, presidential pardons were
granted to five men convicted in 1976 for their role in an
attempted coup. In its 1987 Report, Amnesty International
stated that all "prisoners of conscience" had been released by
the end of 1986.
Corruption has become a major issue in Malian political life,
and has been discussed in a number of different public forums.
In 1987 the President appointed a special commission to
investigate accusations of corruption in 47 cases against 71
persons. The commission reported its findings in November,
and a special court rendered judgments in December. Nine
persons were sentenced to death, some in absentia, while those
who repaid embezzled funds were reprimanded or lightly
sentence. The death sentences have not been carried out and
may be commuted. While the commission mandate does not limit
its investigations to government officials, no private
businessmen have been arrested.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Inviolability of the home is provided for in the Constitution
and generally respected in practice. Police searches are
infrequent, and warrants must be issued and recorded. However,
this occasionally occurs after the fact.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Malian Constitution does not ensure freedom of speech and
press. The Government controls all Malian media, and all
journalists are government employees. General public
questioning of government authority is not permitted.
However, Criticism of specific programs, aspects of society,
or the performance of government offices and office-holders is
permitted. Prior to the 1987 extraordinary party congress,
the President himself participated in a series of public
meetings in which charges of corruption were leveled against
his Government. Academic freedom does not extend to criticism
of the Government or its policies. Private antigovernment
Malian publications are not tolerated, but international
publications, even those critical of Mali and its Government,
are readily available and circulate freely.
b. Freedom of Peaceful Assembly and Association
The Malian Constitution assures the liberty of citizens to
form organizations to protect their "professional interests,"
but, in reality, only selected organizations, such as urban
professional associations, qualify. Only the women's, youth,
and labor associations of the UDPM assemble freely.
The National Union of Malian Workers (UNTM) , composed of 12
unions, is the only recognized workers' organization. It
179
MALI
maintains contacts with international labor organizations.
The UNTM claims to maintain a degree of autonomy from the
Government, and it enjoys limited freedom to criticize some
government programs. Its Secretary General is a party member
but is not a member of the party's Central Executive Council.
Under close government monitoring and guidelines, limited
collective bargaining is permitted. Strikes seldom occur.
There were a series of minor strikes by teachers in December
1986 and again in December 1987 to protest repeated delayed
payment of government salaries. In contrast to 1986, when
several strike leaders were arrested, there were no arrests in
1987. Strikes for political reasons are illegal.
c. Freedom of Religion
Mali is a secular state. Although 90 percent of Malians are
Muslim, most other religions may practice their faiths freely
and are permitted to establish houses of worship as well as
schools. Christian missionaries of various faiths enjoy
government cooperation. Proselytizing and conversion are
permitted, except in the case of the Baha ' i , who may practice
at home but may not proselytize or establish houses of
worship .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement in Mali is generally unimpeded, although
travelers are sometimes subject to police checks, especially
at night. These checks are legal and are used as a means to
restrict the movement of contraband goods. In practice, some
police probably supplement their frequently delayed salaries
by assessing ad hoc fines or confiscating goods. Malians are
free to change residence or workplace. Foreign travel requires
an exit visa, but this is easy to obtain. Repatriation is not
restricted.
During the recent drought years, Mali both accepted and
generated displaced persons. Several thousand Malians were
repatriated from Algeria in 1986 and 1987. In 1987 Mali also
welcomed back over 100 Malians deported from France.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have limited and infrequent opportunity to influence
their government and no ability to change it. The military
role in governing Mali remains important, but civilian
participation in the leadership groups has been growing.
Important policies and decisions are made by a small group
composed of the President, the party's Central Executive
Bureau, and the Council of Ministers. The memberships of
these groups overlap. Party congresses, such as the one held
in March 1987, are called by the President to consider special
issues. In 1987 the issues included political participation
and corruption, and the congress adopted a new National Charter
of National Reorientation of Public Life, calling on Malians
to dedicate efforts to economic development. One of the
mandates of the new Charter, and of the newly appointed
special commission to assist the Secretary General of the
party, is to recruit new leadership and encourage greater
public participation in the party, and, by extension, the
Government .
180
MALI
Within the one-party system, multiple candidates often contest
party elections at the local level, but for National Assembly
elections, which are held every 4 years, one carefully
selected party candidate runs for each seat. The National
Assembly debates proposed legislation after its acceptance by
the Council of Ministers and review by the Supreme Court. The
Assembly's role is to endorse the decisions taken by the
Council .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is generally responsive to calls by recognized
human rights groups. There are no local organizations to
monitor human rights. The Ministry of Foreign Affairs handles
human rights-related inquiries from Amnesty International or
other international human rights organizations. The Ministry
of Justice, with jurisdiction over the courts, administers
Malian law. Mali does not play a major role in international
human rights forums.
Section 6 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Virtually all Mali's ethnic groups are represented at the
highest state and party levels. Although some nomadic groups
such as the Tuaregs remain outside the economic and political
mainstream, Mali is relatively free of ethnic tensions.
Social and cultural factors place men in the dominant position
in Mali. However, women play an important economic role, both
in market life and in farming. While under represented, women
are present at all levels of the Government and in the party.
Two women are cabinet ministers, and one is in the party's
Central Executive Bureau. Three are members of the National
Assembly. Nonetheless, custom tends to restrict women to
"women's issues" when they participate in politics. The
women's union focuses primarily on establishing cooperatives,
improving health programs, fostering education, and campaigning
against female circumcision, which is still widely practiced.
CONDITIONS OF LABOR
Mali has a detailed labor code specifying conditions of
employment, including hours, wages, and social security
benefits. The minimum wage is approximately $142.50 per
month. Health and safety standards vary depending upon the
category of work, but there is limited enforcement due to the
lack of inspectors. Employers are required to pay into a
National Social Security Fund. While the minimum age for
employment is 14, with parents' permission children can be
apprenticed at 12. In practice, children in rural areas join
the work force at a much younger age, and workers in the
informal sector are not protected by laws against unjust
compensation, excessive hours, and capricious discharge.
181
MAURITANIA
Since 1978 Mauritania has been governed by the Military
Committee for National Salvation (CMSN) . Colonel Maaouya Ould
Sid'Ahmed Taya, President of the Committee, is Chief of State.
He assumed power in 1984 after the bloodless ouster of the
former President, Lt . Colonel Mohamed Khouna Ould Haidalla.
All 18 members of the Military Committee hold ministerial
portfolios or occupy other key military or government
positions. The Committee functions as a legislative body,
whereas the President, assisted by a few close advisers,
wields the executive power. Political and opposition parties
are not allowed in Mauritania. The Government uses a quasi-
political organization, the Structure for the Education of the
Masses (SEM), to mobilize the people to carry out local
improvement projects, to relay policy statements, and to serve
as a channel to discuss grievances. SEMs are found at all
governmental levels down to villages and neighborhoods.
The security forces number about 13,000 and, in addition to
the regular armed forces, include the national guard, the
gendarmerie (a specialized corps of paramilitary police), and
the police. The national guard, gendarmerie, and police all
have internal security functions.
Mauritania continues to face massive economic and social
problems: Droughts and desertification, the Western Sahara
conflict, ethnic tensions, massive unemployment, one of the
highest per capita debts in Africa, poor infrastructure,
inadequate health and educational systems, and a mass exodus
from rural areas. Although adequate rains fell in recent
years, the prior drought years forced large numbers of nomads
into towns. This forced migration resulted in urban refugee
camps, a weakened traditional Maur nomadic culture, and a
severe strain on government resources. According to one
report, 20 years ago 85 percent of the population was
nomadic. In 1987 only 15 percent remained in the desert.
President Taya has publicly advocated a harmonious,
multiethnic society; but in 1987, as in 1986, there was
agitation among Mauritania's Toucouleur black ethnic group,
who alleged discrimination by the ruling Arab-Berber
population. In the wake of the 1986 unrest, the Government in
1986 and 1987 arrested, tried, and sentenced 39 Toucouleurs on
charges of sedition and threatening national unity. In October
1987, following the discovery of a coup plot reportedly led by
Toucouleur military personnel, the Government detained over
200 Toucouleur, and 51 were charged with sedition, with the
remainder being released. The 51 received a trial in the
course of which the Government respected the accepted norms of
Mauritanian justice. At the end of the trial, the Special
Court of Justice sentenced 3 defendants to death, 18 to life
imprisonment, and 17 to lesser sentences. Seven defendants
were acquitted. The death sentences were carried out 3 days
later. Following the executions, street clashes broke out for
several days between groups of Maur and Toucouleur students
and youths in Nouakchott. The Government briefly detained
about 100 youths. The Government also detained more than 20
Toucouleur adults whom it suspected of masterminding some of
the street disturbances. Many blacks interpreted the
Government's actions to mean a continued domination by white
Maurs in all levels of social, economic, and especially
governmental life.
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MAURITANIA
RESPECT FOR HU^4AN RIGHTS
Section 1
Respect for the Integrity of the Person, Including
Freedom From:
a. Political Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no reports of politically motivated disappearances,
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
According to the laws of Mauritania, torture is not allowed.
There are, however, recurring and credible reports that
security forces beat suspects to extract confessions.
Conditions in Mauritanian prisons are generally grim. In
Rosso, for example, at least two prisoners died of heat
exhaustion in early 1987 after being forced into overcrowded
cells. (Following the incident, authorities improved the
ventilation of the prison's cells.)
Tcucouleur prisoners arrested in 1986 reported that they were
initially denied proper medical care and family visits and
also stated that the food was poor. Family protests and
intervention by the Mauritanian Human Rights League in 1987
resulted in written assurances from the Minister of Interior
that the prisoners would receive regular family visits and
proper health care. In October 1987, however, prior to the
coup attempt, sources close to the Toucouleur prisoners
circulated an open letter in which the Toucouleur inmates
maintained that they still did not have family visits or
adequate health care. In the letter, the prisoners also
reported that they had been tortured during their
interrogations .
The Toucouleur military p
detained immediately afte
subsequently released wer
period of detention. App
mistreated during their s
Toucouleurs who were trie
been treated properly dur
although there are report
they were first arrested,
transferred the 44 defend
on December 3, 1987, as w
received prison sentences
unrest, to the remote des
According to eyewitnesses
manacles overland by true
cramped quarters for the
Most of these prisoners'
in Tichitt or Oualata, si
locations in the country.
ersonnel and civilians who were
r the foiled 1987 coup plot and
e denied family visits during their
arently, however, they were not
tay in custody. Most of the 51
d by the Special Court appear to have
ing arrest, interrogation, and trial,
s that one or two were beaten when
In mid-December 1987, the Government
ants who had been sentenced to prison
ell as the 39 Toucouleurs who had
in the wake of the 1986 Toucouleur
ert towns of Tichitt and Oualata.
, these prisoners were transported in
k, having to remain confined in
duration of the 20- to 30-hour trip,
families will be unable to visit them
nee these are among the most remote
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Mauritanian law assures expeditious arraignment and trial,
access to legal counsel, and the right of appeal. In practice,
however, the Government does not always respect this right.
In the fall of 1987, the Government dismissed and arrested
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MAURITANIA
Minister of Economy and Finance Mohamad Salem Ould Lekhal,
Minister of Fisheries and Maritime Economy Sidi Ould Cheikh
Abdellahi, and Central Bank Director Dieng Boubou Farba. The
Government suspected the three men of collusion with Hmeida
Bouchraya, one of the country's leading businessmen, in his
illegal transfer of large sums of money out of the country.
Reportedly the Government has detained these three former
government officials in the remote desert tovjn of Ouadane
since late September, without, however, filing any charges
against them.
Based on legislation enacted before the 1978 coup, the
authorities have the right to detain, without trial or appeal,
anyone judged to be a threat to national security. Colonel
Moulaye Ould Boukhreiss was arrested and held incommunicado in
August 1987 for allegedly conspiring and conducting a
propaganda campaign against the Government. After
interrogating him for several weeks, the Government exonerated
him from any wrongdoing and released him in September. At no
point during Boukhreiss' arrest was he formally charged.
Detainees are sometimes confined to their residences; however,
Mauritania maintains prisons in Nouakchott, Jereida, and
elsewhere for more serious crimes.
The Government justified the large-scale arrests and detentions
of Toucouleurs in 1986 and early 1987 on the grounds of
national security. Government sources maintained that these
militants were members of a clandestine subversive group,
FLAM, which was planning a campaign of terrorism and
assassination. After the October coup attempt, the Government
detained more than 200 persons, of whom more than 20 were
still in custody at the end of 1987 without specific charges
having been brought against them. Nevertheless, by the end of
1987 the Government's actions had led to widespread discontent
in the Toucouleur community. Most Toucouleurs interpret the
latest arrests as a further sign that the military Government
will take whatever steps are necessary to thwart the
aspirations of the non-Maurs, especially in sharing political
power .
Internal exile is a method of removing opposition figures from
the public eye. Former President Haidalla and five of his
associates, who were arrested during the 1984 coup but never
formally charged, remain in internal exile in remote locations.
The subject of forced labor is tied to the vestiges of slavery
which exist in some areas of the country. Slavery in
Mauritania was officially abolished in 1980. Nevertheless,
some persons whose ancestors for generations have worked
without pay for a particular family still occupy positions of
servitude in 1987, in part because of the economic hardships
which they would encounter upon leaving their positions.
In an effort to eradicate the last vestiges of slavery, the
Government invited United Nations' assistance, began a mass
media education campaign which utilizes rural radio and
television to promote public awareness of the problem, and
provided small-scale financial assistance to former slaves for
agricultural and handicraft businesses. The Taya regime
also made an effort to appoint members of slave castes to high
government and military positions as a visible indication of
the end of slavery.
80-779 0-88-7
184
MAURITANIA
e. Denial of Fair Public Trial
In September 1986, the Taya Government arrested some 30
prominent black Toucouleurs, mainly professionals, for
protesting white Maur domination of the political and economic
systems. They had circulated a political treatise, "Manifesto
of the Oppressed Negro-Mauritanian, " in which they articulated
grievances against Arabization, concerns about the adverse
effects of recent land reform law by which white Maurs have
appropriated large tracts of valuable land from their
traditional black owners, as well as complaints about the
underrepresentation of blacks in government and the
undemocratic nature of the Mauritanian Government. In one
passage the document advocated the use of violence to prevent
the appropriation by Maurs of land belonging to blacks.
Twenty-one of the 30 were brought to trial on September 25,
1986, and charged with spreading falsehoods and hatred, holding
unauthorized meetings, distributing seditious material, and
calling for civil disorder. In a trial that lasted 1 day, the
21 were convicted on all charges. Four received light
sentences, while 16 were given sentences of 4 to 5 years in
prison to be followed by 5 to 10 years in internal exile and
loss of civil rights. Subsequently, in 1987 but prior to the
October coup attempt, another 18 Toucouleur militants, who had
been arrested at the time of the 1986 agitation, received
similar sentences.
The Toucouleurs hired civilian lawyers for the 1986 trial, but
the lawyers resigned collectively prior to the trial because
they had not had time to prepare the cases and, in particular,
to review the prosecution dossiers. While the court
subsequently appointed lawyers for the defendants, the entire
episode raised serious questions about the fairness of the
trial. Amnesty International in its 1987 Report stated that
the trial was "marked by serious inadequacies."
The Taya Government continues to function under the Shari'a
(Islamic Law), put in place during the Haidalla regime. The
Ministry of Justice and Islamic Affairs plays the major role
in administering the Shari'a and selecting judicial personnel.
The Shari'a applies to most crimes and offenses, with the
exception of commercial and banking offenses, as well as
traffic violations. The Taya administration, however, has
urged the Islamic judges not to use extreme physical
punishments such as amputations, which occurred during the
Haidalla regime. The Taya Government inherited a number of
unqualified Shari'a judges who were appointed during the
Haidalla years. Judges cannot be tenured before 7 years by
virtue of a recent government decision. Consequently, the
Minister of Justice has the power to dismiss them and is
slowly eliminating unqualified officials.
One result of the use of Shari'a has been that Western-trained
lawyers are unable to practice in most cases unless they are
retrained. Many only work in specialized areas such as
banking, insurance, and traffic accidents, where Islamic law
does not apply.
In September 1987, the Government tried eight "Baathist"
supporters on charges of unlawful assembly, criminal
conspiracy, corruption of juveniles, and illegal restraint.
Despite the state prosecutor's request for stiff sentences for
the defendants, the court acquitted two and gave the others
light suspended sentences. Two of those convicted were members
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MAURITANIA
of the Mauritanian Human Rights League. Many Mauritanians
hailed this decision as the sign of a fair trial, but some
observers stated the convictions violated the right of
assembly.
On December 3, 1987, the Special Court of Justice sentenced to
death three of the Toucouleur military officers accused of
plotting the overthrow of the regime. The sentences were
carried out shortly thereafter. A number of Mauritanians,
however, do not believe that these death sentences were
justified under Mauritanian law. According to the Mauritanian
legal code, any attempt to overthrow the Government by armed
force is punishable by death. The Government maintains that
at the time of the plotters' arrest, approximately half a day
before the coup was supposed to occur, they had taken specific
measures, including preparing armored vehicles and placing
conspirators in strategic locations, that amounted to the
beginning of the implementation of the takeover. But many
Mauritanians, including most of the defendants' lawyers,
dispute this interpretation. In their view, these actions did
not amount to implementation, and the accused were merely
guilty of plotting a coup instead of actually conducting a
coup attempt. In Mauritanian law, simply planning a coup is
punishable by a prison sentence, not by death.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government interference in private affairs, except in
instances where treason is suspected, is limited. Reflecting
the nomadic penchant for privacy and the sanctity of
confidences, the lack of sophisticated equipment to undertake
surveillance, and the isolation of many parts of the country,
the Government normally limits its surveillance to patrols on
major highways and customs check points, occasional nighttime
inspections of vehicular traffic, and inspections of mail
suspected of containing currency or prohibited items.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is restricted. Many Mauritanians
criticize government policies in conversations with friends
and relatives. The Government, nevertheless, is quick to
react to any comments it thinks pose a threat to the security
of the State, as evidenced by the 1986 crackdown on Toucouleur
dissidents. In particular, any expression of racial or ethnic
tension, or questioning of government legitimacy draws a sharp
government response. Private discussions within the family or
tribe are active and used as a vehicle to present dissenting
views on issues. Moreover, President Taya invites the views
of traditional local leaders during his visits to the rural
areas .
Mauritania's only newspaper and radio and television station
are government owned and operated. In the past the Government
has not allowed any criticism of government policies or
authority. Recently, however, the Government has begun to
experiment with interview formats by which a government
official is invited to air views on television with a panel.
In these broadcasts the authorities have tolerated limited
criticism of government decisions and policies. International
newspapers and magazines are readily available, although the .
Government occasionally censors issues that contain material
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MAURITANIA
it considers to be objectionable. The November 1986 edition
of Jeune Afrique, which contained an article critical of the
Government's treatment of blacks, was allowed to be sold. The
populace actively follows shortwave broadcasts and Senegalese
television.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly has been suspended since 1978, and meetings
with political themes are generally prohibited, as in the case
of the "Baathist" supporters (Section I.e.). The Government
allowed large but controlled demonstrations and rallies to
take place in late 1986 during the campaigns for local
municipal councils. In the wake of the arrests in September
1986 of the Toucouleur activists, sporadic antigovernment
protests occurred. The demonstrations were quickly suppressed
by armed police with the use of tear gas. During the latter
half of 1986, the Government cracked down on the Toucouleur
community by banning meetings of black self-help groups and
cultural organizations and even checking large Toucouleur
family gatherings such as weddings. In early December,
following the execution of the three Toucouleurs sentenced by
the Special Court of Justice, fights broke out in Nouakchott
high schools and market places between groups of Toucouleur
and Maur youths. Government security forces broke up these
disturbances, sometimes detaining those involved for a few
hours before letting them go.
Local unions are the only remaining organizations with any
semblance of political influence following the 1978 coup.
Labor unions can organize nationally, but they must be
affiliates of the Mauritania Workers Union (UTM) , by law the
country's only central labor body. Union officials state that
the UTM has some 30,000 members. The annual membership fee of
$4 is imposed on members but, in addition, the Government
frequently finances UTM operations. The UTM is associated
with regional and international labor organizations and its
officials attend many international labor meetings, where they
are free to air views on labor consistent with Mauritanian
policy.
Wages are set through an informal bargaining arrangement
between individual unions, the employers, the Government, and
the UTM. Strikes are theoretically possible, although they
are discouraged by the Government and rarely take place.
Disputes over labor issues are heard before special
three-person labor courts which are overseen jointly by the
Ministries of Justice and Labor. These courts are regarded by
labor union leadership as unbiased and effective.
c. Freedom of Religion
Islam is the official religion of Mauritania, and the country's
official name is the Islamic Republic of Mauritania. Virtually
all citizens are Muslim. Proselytizing by non-Muslims and the
construction of Christian churches and other non-Islamic houses
of worship are prohibited without government permission. The
Roman Catholic community in Mauritania was permitted in several
instances to build churches which operate freely as long as
they restrict their services to resident foreigners.
Mauritanian Muslims are prohibited from entering non-Islamic
houses of worship and from converting to another religion.
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MAURITANIA
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are generally no restrictions on movement within this
large nomadic country, although travelers are frequently
subjected to routine police and customs checks along major
highways and at the country's international and domestic
airports. Years of drought have caused many nomads to migrate
to the urban areas, thus increasing the urban populations and
creating shantytowns. Movement has been controlled in the
past during emergency situations by imposing curfews, as
occurred briefly following the 1984 coup.
The requirement that Mauritanians have an exit visa before
traveling abroad was ended in 1985. Those political leaders
who fled the country since the overthrow of the civilian
Government in 1978 have been invited back, and almost all of
them have returned.
As a result of the ongoing conflict in neighboring Western
Sahara between Morocco and the Polisario Front, a small number
of displaced persons from the Western Sahara have entered
Nouadhibou and other northern towns. There are, however, no
acknowledged political refugees in Mauritania.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
All political power rests in the hands of the military regime.
The Military Committee for National Salvation remains the
"custodian of the nation's sovereignty." All executive and
legislative functions reside with the Committee. Membership
is limited to military officers and is automatically conferred
on incumbents of ministerial positions and important military
and security posts. Therefore, in practice, citizens of
Mauritania are unable democratically to change their government
at the national level. The CMSN is predominantly Maur,
although several blacks are members. The most prominent black
on the CMSN lost his position in the wake of the 1986
Toucouleur unrest.
A limited move toward increased popular participation in
government occurred in December 1986 when communal council
elections took place in Nouakchott and the country's 12
regional capitals. In most cities, two or more lists of
candidates competed for the electorate's votes. The
Government stipulated that each list contain at least 30
people from various regions, ethnic groups, and tribes. The
campaigning was vigorous and candidates were allowed to use
the media to spread their views. Most candidates were Maur
civil servants, wealthy merchants, or professionals with the
necessary skills and connections to mount a successful
campaign. Each candidate was required to deposit the
equivalent of $570 (10 times the monthly salary of an average
worker) in order to participate. Black activists complained
that this factor, and the Government's arrests of black
activists in September 1986, limited black participation as
candidates. Despite these shortcomings, during their first
year of operations the newly elected municipal councils became
genuine decisionmaking bodies that handled most municipal
issues with little or no central government interference.
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MAURITANIA
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation ot Alleged Violations
of Human Rights
The Taya Government is sensitive on the issue of human rights
and has cooperated with the U.N. Human Rights Commission
Working Group on Slavery by allowing a representative to come
to Mauritania to obtain information on this issue. The
Government has also permitted representatives of Amnesty
International to visit Nouakchott for discussions on the
Toucouleur issue. As a result of the President's public
commitment to an ethnically harmonious society and a return to
basic human rights, the Mauritanian Human Rights League was
formed in 1986. The League is staffed by volunteers who work
within the government framework to address such concerns as
eradicating the last vestiges of slavery, ensuring the uniform
application of the Shari'a law, promoting the status of women,
and preventing abuses such as arbitrary arrest and torture.
While constrained by a lack of financial resources and careful
not to antagonize the Government, the League has nonetheless
insisted that the rights of all persons detained for political
offenses be respected.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Mauritania is situated geographically and culturally on the
divide between the nomadic Arabic-speaking Maurs of the north
and the sedentary blacks of the African south. The interaction
of these two groups produces the complex cultural diversity
which fuels ethnic and racial tensions inherent in Mauritanian
society. Recent movements of nomads to the south as a result
of the drought have exacerbated tensions, culminating in the
1986 Toucouleur agitation and the subsequent arrest of
Toucouleur activists. Historically, and since independence in
1960, the Arabic-speaking white Maurs have dominated the
political and economic system. Taken together, however, the
Arabic-speaking black Maurs and Mauritania's sedentary black
African groups (Toucouleur, Soninke, and Wolof) constitute a
clear majority of the population. Many of these blacks
believe that they are entitled to more political
representation. The black population is represented at all
levels of government, but is underrepresented in terms of its
proportion of the population. Many Toucouleurs also believe
that white Maur domination in government, state enterprises,
business, and religious institutions is a result of racial
discrimination. Their grievances include such isues as
language (Arabization rather than continued use of French) ,
limitations on educational opportunities, and misapplication
of the law on land reform. They view the Government's new
land reform law as a means of allowing wealthy white Maurs
access to potentially productive tracts of land in
traditionally Toucouleur areas. The loss by some sedentary
African blacks of large tracts of land in the Senegal River
Valley area has resulted in a scramble by Toucouleurs to
register their land with the appropriate authorities, an alien
practice for people who traditionally have looked upon land as
community property.
Women in conservative, Mauritanian Muslim society are, for the
most part, limited to traditional roles, especially outside
the few urban areas. Only half as many women as men avail
themselves of educational opportunities. Nevertheless, the
Government is encouraging the participation of women at all
levels of occupational activity, including in government and
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MAURITANIA
business. A woman was recently appointed as Minister of
Mines, and a number of others have moved into senior or
midlevel government positions. In addition, the Government
has been opening up new opportunities for employment in work
traditionally reserved for men, e.g., certain jobs in
hospitals. The Government reportedly is considering allowing
women to serve in the armed forces as support personnel.
Although few women were on the lists of candidates, large
numbers of women turned out for the election rallies in
support of their candidates.
CONDITIONS OF LABOR
Mauritania has one of the lowest standards of living in the
world. It has a population of 1.9 million people and an annual
growth rate of 3 percent. Most of its modern economic
activities are concentrated in the northern and central regions
where mining and fishing operations take place. The chief
economic activities in the South, where the majority of the
black population is located, are farming and livestock raising.
Figures for unemployment range from 50 to 90 percent, but do
not necessarily represent an accurate reflection of labor
employment .
Education is not compulsory in Mauritania; however, by law no
child may be employed before the age of 14 in the agricultural
sector without the permission of the Minister of Labor and
National Labor Council, or before the age of 15 in
nonagricultural sectors. The law provides that employed
children from 14-16 years should receive 70 percent of the
minimum wage, and those from 17-18 receive 90 percent of the
minimum wage. Although there are no figures available, child
labor (except in the family-owned agriculture sector) is not
thought to be widespread.
The guaranteed minimum wage for adults is $70 per month. The
standard nonagricultural workweek in Mauritania is not to
exceed 40 hours or 6 days per week without adequate overtime
compensation which is paid at the following rates: 41st to
48th hours, 115 percent; 49th to 54th hours, 140 percent; and,
55th hour and over, 150 percent of the base wage. However,
information on actual wage levels is scanty and often
unreliable. Enforcement of the labor laws is the
responsibility of the Labor Inspectorate, Ministry of Labor,
but in practice is limited by the shortage of trained
personnel .
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MAURITIUS
Mauritius is a small, densely populated island country with a
functioning parliamentary democracy modeled after that of
Great Britain. It is governed by a prime minister, council of
ministers, and legislative assembly. The Governor General,
with largely ceremonial powers, represents Queen Elizabeth II,
the titular Head of State. Elections at national and local
levels take place at regular intervals. There are four major
political parties, which reflect a wide range of ideological
views, and several smaller parties. Executive power has
changed hands twice in the last 6 years through fair and
orderly elections supervised by an independent commission.
Municipal elections in 1985 returned the main opposition party
to power in Mauritius' five largest cities. Prime Minister
Jugnauth's coalition had its mandate renewed in general
elections in August 1987.
Mauritius has no military forces and depends on the
paramilitary 700-man Special Mobile Force and the 240-man
Police Riot Unit for internal security. These forces, under
the command of the Commissioner of Police, are apolitical,
well trained, and backed by a general duty police force of
approximately 4,000 men.
Mauritius has a mixed economy based on sugar production,
tourism, and textiles, with a strong private sector. In 1987
the economy continued its recovery, registering an estimated 5
percent growth rate and creating some 20,000 jobs. Following
the successful economic adjustment policies of 1982-1986, it
was not necessary for Mauritius to renew its standby agreement
with the International Monetary Fund. During 1987 Mauritius
signed a $60 million structural adjustment loan with the World
Bank and the African Development Bank.
Mauritius has a good human rights record. Political and civil
rights, including the freedoms of speech and press, are
protected under the Mauritian Constitution and respected in
practice. The August 30, 1987, elections for Parliament were
preceded by intense campaigning, including regular public
rallies. The Dangerous Drugs Act of 1986, which is aimed at
curtailing drug use and trafficking, has led to large-scale
arrests, convictions, and controversy over some of its
provisions .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of government-inspired political
ki llings .
b. Disappearance
There were no reports of disappearance of persons for
political causes.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and inhuman punishment are prohibited by law, and
there were no reports of degrading treatment or punishment.
The situation was exacerbated in 1987 by government efforts to
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MAURITIUS
cope with increased narcotics trafficking. According to local
press accounts, over 700 people were arrested during 1987 for
possessing narcotics substances. Figures are not available
for the number of those arrested who were subsequently
imprisoned. The Government is sensitive to prison conditions
and is publicly committed to their improvement.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There have been no reports of arbitrary arrests or detentions
since the early 1970's. Detained persons have the right to a
judicial determination of the legality of their detention. In
practice, this determination is usually made within 24 hours.
Bail is commonly granted. The Supreme Court ruled invalid in
1986 a section of the Dangerous Drugs Act of 1986 which had
provided for detention without bail for persons arrested under
Clause 46 (2) of the Act.
Exile is legally prohibited. The Constitution prohibits any
form of forced or compulsory labor, and this prohibition is
respected.
e. Denial of Fair Public Trial
Mauritius' judicial system, modeled on that of Great Britain,
consists of the Supreme Court, which has appellate powers, and
a series of lower courts. Final appeal may be made to the
Queen's Privy Council in the United Kingdom and is routinely
made in the cases of death sentences. There are no political
or military courts. The legal system has consistently provided
fair, public trials to those charged with crimes. Defendants
have the right to private or court-appointed counsel. The
judiciary is also charged under the Constitution with ensuring
that new laws are consistent with democratic practice.
Commissions of inquiry are frequently established to examine
various issues of social or political concern. The
commissions, routinely chaired by distinguished jurists,
conduct hearings, subpoena witnesses, and present their
findings to the Government for corrective action when
wrongdoing has been discovered. Commission proceedings are
conducted in public and reported fully by the press. The
findings, however, are conveyed to the Government in
classified reports that are not routinely made public unless
or until the Government decides to take action against an
accused party. The Rault Commission on Narcotics played a key
role in crystalizing public opinion to sustain a campaign
against narcotics use and trafficking.
The Dangerous Drugs Act, which includes a mandatory death
sentence for any person convicted of importing dangerous
drugs, has been controversial. In its 1987 Report, Amnesty
International noted that "unlike other serious offenses under
Mauritian law, which are tried before a jury of nine citizens,
the offense of importation under the . . . Act is heard by a
judge without jury."
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The sanctity of the home is ensured by law and generally
respected in practice. The search of personal property or
premises is allowed only under clearly specified conditions by
court order or by police decision if an illegal act is
suspected. There have been reports from reliable sources that,
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MAURITIUS
the Government's intelligence apparatus occasionally opens
mail and carries out surveillance of local opposition leaders
and other major figures.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is protected by the Constitution
and by local tradition. Sixteen privately owned daily,
weekly, and monthly newspapers present varying political
viewpoints and freely express partisan views. Newspapers are
subject only to the legal constraints of libel laws. The
Government owns the one television and two radio stations (one
strictly educational), broadcasting in five languages. The
television and radio are reasonably objective in news and
entertainment presentation, although opposition politicians
occasionally accuse the broadcasting corporation of political
bias in its news coverage. Television and radio broadcasts
are also easily received from the nearby island of Reunion (a
French Department) and are not subject to interference by the
Government. However, foreign satellite broadcasts or programs
which are considered "controversial" are subject to approval
by the Cabinet of Ministers before transmission on local
television or radio.
In October 1986, the Legislative Assembly amended the
Mauritian Constitution with regard to drug traffickers and
drug trafficking in Mauritius. The legislation increased the
powers of any commission of inguiry to look into personal
finances, including bank accounts; provided for fines of
persons who refuse to testify; provided for fining a bank and
revoking its license if it refuses to cooperate in a financial
investigation; and provided for the seizure of all assets of
convicted drug traffickers who cannot prove that their assets
were obtained legally.
b. Freedom of Peaceful Assembly and Association
Mauritians enjoy the right to form associations, including
political parties, trade unions, and religious organizations.
Mauritius has a multitude of such private organizations.
Political, cultural, and religious assemblies are
commonplace. Although police permission is reguired for
holding demonstrations and mass meetings, such permission is
rarely refused. The registered political parties freely held
large public rallies during the campaign for the August
general elections.
Mauritius has an active trade union movement. Almost 300
unions represent 90,000 workers, more than one-fourth of the
work force. Unions are free to organize workers in all
sectors, including the Export Processing Zone (EPZ), which
employs about 85,000 workers. Unions can press wage demands,
establish ties to domestic political parties and international
organizations, and address political issues. Three of the
five trade union activists who ran in the August general
elections were elected to the Legislative Assembly on the
government slate. One leading federation actively supports
the opposition party. The largest confederation, the
Mauritian Labor Congress, is a member of the International
Confederation of Free Trade Unions. In theory, unions have
the right to strike. However, in labor disputes the Industrial
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MAURITIUS
Relations Act requires a prestrike, 21-day cooling-off period
followed by binding arbitration, which has the effect of
making most strikes illegal.
c. Freedom of Religion
There is no official state religion in Mauritius. Hindus,
Christians, Muslims, Buddhists, and others openly practice,
teach, and proselytize for their religions without prejudice.
All religious institutions receive state subsidies in
proportion to their memberships. There is no state-sanctioned
discrimination against any ethnic or religious community.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on full freedom of movement within
the country. Foreign travel, emigration, and repatriation are
also unrestricted.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Mauritius is governed by a freely elected, unicameral
Legislative Assembly, with executive direction coming from a
Council of Ministers, currently headed by Prime Minister
Anerood Jugnauth. The Governor General has the right to
designate the person charged with forming a new government
following parliamentary elections or a parliamentary crisis.
Parliamentary, municipal, and village council elections are
held at regular intervals. Voting and running for office are
rights of all citizens 18 years of age and over. In the
Legislative Assembly, 8 of the 70 members are appointed
through a complex "best loser" system designed in part to
ensure that all ethnic groups are adequately represented. The
governing coalition consists of 3 parties and controls 46 of
the 70 seats. Political parties often match the ethnicity or
religion of their candidates to the composition of particular
electoral constituencies.
In the August parliamentary elections, 89 percent of the
553,364 eligible voters cast ballots. Only 9,512 votes
separated the winning and losing coalitions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no known requests by international
organizations to investigate human rights violations in
Mauritius. Amnesty International maintains two branches in
Mauritius. There are several local human rights groups which
address the internal situation in Mauritius without
governmental intrusion.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While there is no evidence of official discrimination against
any ethnic or religious group, there have been allegations
that certain groups, including Muslims, are under represented
in the civil service.
Women in Mauritius participate in all types of political,
business, and social activities, and a few hold important
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MAURITIUS
positions. Nonetheless, traditional ethnic and religious
attitudes prevent women from achieving true parity. For
example, only 5 of 70 Members of Parliament and 1 of 19
Ministers are women. The Government seeks to improve the
status of women, and recent amendments to laws ranging from
emigration to inheritance have removed sex discriminatory
sections. An interministerial committee, headed by the one
female Minister, has been active since 1985 in addressing
remaining discriminatory elements in local laws and
practices. Nevertheless, discriminatory laws and regulations
remain, including prohibition against women serving on juries.
Moreover, the illiteracy rate for women (20 percent in 1983)
is about twice that of men. While women are highly sought for
employment in manufacturing plants, they tend to occupy the
less skilled and lower paid positions and are particularly
susceptible to layoffs during economic downturns. The average
industrial salary for women is about 50 percent that of men.
The Minister for Labor and Industrial Relations, Women's
Rights, and Family Welfare has indicated, however, that middle
managem.ent training for women is one of her ministry's
priorities .
CONDITIONS OF LABOR
Conditions of employment in Mauritius, including wage and
leave conditions, are generally sufficient to provide an
acceptable standard of living to workers in the agricultural,
service, and manufacturing sectors. Government, private
welfare groups, and labor unions serve as watchdogs on
potential employer abuses.
A maximum workweek of 45 hours is allowed, and children below
the age of 14 cannot be legally employed, although scattered
cases of child labor have been reported. The Government
mandates minimum wage increases each year based on inflation.
The current minimum wage for unskilled labor in the Export
Processing Zone is $9 per week during the first year and $11
per week thereafter.
In 1987, effective July 1, the Government awarded a wage
increase (12-60 percent) in the public service. Salary
increases (10-15 percent) were also approved for the private
sector, including the sugar industry and the EPZ . At the same
time, the Government addressed the issue of overtime work in
the EPZ due to complaints that EPZ employers imposed long
hours of overtime on employees--about 10 to 20 hours per week,
making for a 55- to 65-hour workweek. The revised remuneration
orders of July 1 stipulated that no employee would be required
to perform extra hours of work in excess of 10 hours per week,
except with his or her consent. In addition, new remuneration
rates for overtime above the regular 45-hour week were
introduced as follows: (I) for the first 10 hours at one and
a half times the basic rate per hour, (II) for the next 5
hours at twice the basic rate per hour, and (III) thereafter
at three times the basic rate per hour. In addition to wages,
the Government also increased the social benefits to various
groups, including old age pensioners, unemployed, widows and
orphans, and handicapped people.
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MOZAMBIQUE
Mozambique gained independence from Portugal in 1975 following
a decade of guerrilla warfare. The Front for the Liberation
of Mozambique (FRELIMO) , the only party allowed, is the key
decisionmaking organ and articulates government policies.
Joaquim Chissano completed his first full year as President of
Mozambique and Chairman of FRELIMO, following his predecessor's
death in an airplane crash in October 1986. The Council of
Ministers is responsible for the day-to-day operations of the
Government. A self-proclaimed nonaligned, nationalist, and
Marxist-Leninist party, FRELIMO's approach has been
increasingly pragmatic, aimed at dealing with the economic and
political realities of catastrophic drought and growing civil
conflict, which together have uprooted millions of people,
destroyed much of the economic and social infrastructure, and
caused widespread civilian casualties.
The security forces include the military, the People's Forces
for the Liberation of Mozambique (FPLM) , numbering about
30,000 soldiers, a People's Militia, and the Mozambican
National Security Service (SNASP) . Since the late 1970's the
Mozambican National Resistance (RENAMO) has waged a guerrilla
war against the Government, resulting in the death of thousands
of civilians. RENAMO's strength is estimated at 15,000 to
20,000 persons, and RENAMO is active in Mozambique's 10
provinces. Originally the creation of the Rhodesian
Intelligence Service, it now reportedly receives support from
South Africa. In 1987 the Government appointed new FPLM
leadership and sought additional military assistance from the
international community. Among the outside participants, the
Soviet Union and its allies, the United Kingdom, Italy, and
Portugal provide military training and assistance to
Mozambique, while Zimbabwe has a large military presence,
ranging from 5,000 to 8,000 troops. In addition, Tanzania has
about 2,500 troops and Malawi 600 to 1,000 soldiers in
Mozambique. In September 1987, Mozambique and South Africa
resumed discussions aimed at reviving the 1984 Nkomati accord,
which committed them to cease hostile acts against each other
and to search for ways to increase economic cooperation.
President Chissano's Government pressed forward in 1987 with
economic reforms, including rescheduling its $3.2 billion
debt, drastically devaluing its currency, encouraging the
private sector, and seeking foreign assistance. In January
the Government signed agreements with the International
Monetary Fund and World Bank. At the end of 1987, a major
international relief effort was underway to help avert the
danger of famine for 4 to 5 million people.
The Government in 1987 took steps to improve military justice
and to allow increased religious freedom. In addition, the
People's Assembly enacted legislation extending amnesty to
insurgents v;ho seek reintegration into society and reducing
sentences for those convicted under security laws. However,
the overall human rights situation in the country deteriorated
due mainly to the conflict. Both Mozambican security forces
and RENAMO reportedly committed serious abuses against
civilians. However, the line between violence perpetrated by
RENAMO, undisciplined government forces, and renegade elements
without political affiliation was sometimes not clear. By the
end of 1987, over 2 million Mozambicans of a population of 14
million had fled to more secure areas in the country or to
neighboring countries. The increased toll on civilians was
dramatically evident in a series of massacres in the second
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MOZAMBIQUE
half of 1987 commencing with the killing of a reported 424
inhabitants of Homoine in Inhambane Province on July 18.
Although no group claimed responsibility, circumstantial
evidence and the credible reports of eyewitness observers
indicated that these actions probably were perpetrated by
RENAMO insurgents.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The continuing war between the Government and RENAMO has led
to the death of many Mozambicans. Precise figures are
unavailable, and the two sides exaggerate accusations against
each other, but the total number of fatalities over the past
few years is certainly in the thousands. There were no
reliable reports of politically motivated killings in 1987
other than those attributable to the conflict between the
Government and RENAMO. There were no reports of public
executions .
b. Disappearance
There were no confirmed reports of government-perpetrated
disappearances in 1987. The Government's commitment to the
prompt notification of relatives and friends of detained
persons remained suspect, however, and it was often impossible
to know whether a person had disappeared or was in detention.
Security forces, operating under security legislation,
sometimes held detainees incommunicado for extended periods,
despite the fact that detainees have the legal right to contact
their relatives and to receive visitors. The Government has
remained largely unresponsive to international inquiries about
the welfare of detained persons.
According to reliable eyewitness reports, RENAMO continued to
abduct large numbers of rural villagers. Some of the victims
were released after being required to transport captured
materials for long distances or to perform other tasks.
Others were held in rural areas outside of formal government
control. RENAMO also continued kidnaping foreigners in 1987.
Six expatriates taken by RENAMO in December 1986 and January
1987 were held until April 1987. Seven expatriates, including
one American citizen, were held captive from May 13 until their
release at the Malawi border on August 18. RENAMO acknowledged
in June 1987 that it was holding a Portuguese citizen and his
family and one other foreigner. They are still believed to be
in RENAMO" s hands, as is a British citizen captured by RENAMO
in July 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In the early years after independence, political prisoners at
remote government-organized "reeducation camps" were brutally
bound, beaten, and often killed. These camps were used to
intern political prisoners and "antisocial elements." While
the Government has publicly referred to one model
"rehabilitation center" in Inhambane Province, it has claimed
that all except one of the former reeducation camps have been
closed. Precise information on the location and nature of any
reeducation or rehabilitation camps which may exist is not
aval lable .
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MOZAMBIQUE
In 1987 the Government launched several campaigns to improve
discipline and effectiveness within the armed forces, militia,
and police. Government officials, including President
Chissano, have publicly stressed that the security forces must
protect and respect citizens. A major reorganization of the
military high command was ordered in June, and the military
justice system is being reformed. The government-influenced
media have publicized abuses by police and security forces,
and some responsible officials have been disciplined. For
example, local officials and an FPLM political commissioner in
Sofala province were convicted and sentenced for ordering the
execution of two citizens suspected of witchcraft. In another
instance, three militiamen were given prison terms varying
from 4 to 8 years for abuse of power in abduction-rape cases.
As a result of these steps, most observers believe there were
fewer instances of torture in 1987. Nevertheless, there
continued to be reports of capricious and cruel treatment by
some members of the security and defense forces. In addition,
the Government continued the practice of flogging (for example,
as punishment for economic crimes), particularly in rural areas
where incarceration is difficult. Ministry of Justice
officials have publicly condemned excessive and illegal
floggings .
RENAMO reportedly has tortured, maimed, and mistreated both
military prisoners and civilians. Numerous eyewitnesses have
confirmed these reports, referring to RENAMO mutilations of
civilians believed to sympathize with the Government by cutting
off noses, ears, and lips. Thousands of Mozambicans, including
children, are reported to have undergone such disfigurement.
In some instances, abducted villagers have reportedly been
compelled to watch as civilians who attempted to escape or who
had otherwise offended against the harsh regime in RENAMO
camps were slowly hacked to death with machetes.
Prisons in Mozambique are generally marked by inadequate food,
hygiene, and medical care. The Government has sought foreign
and local assistance to improve prison conditions. The
Mozambican Red Cross is now assisting the Government to
improve prison conditions.
In general, there is no information about the Government's
treatment of RENAMO prisoners, but Amnesty International's
1987 Report noted that in 1986 some RENAMO prisoners were
known to be in the custody of SNASP, living in harsh conditions
and with insufficient water and exercise. Reportedly, there
are several reeducation centers for selected RENAMO prisoners,
including a prison in Inhambane where they receive training in
various skills to prepare them for "reintegration" into
society. The length of detention of such prisoners may be
indefinite.
d. Arbitrary Arrest Detention, Exile, or Forced Labor
Since 1979 two separate legal systems have existed. One is
the regular civil/criminal system composed of the judiciary
(courts) and a police force under the authority of the
Ministry of Interior. The other, characterized as
transitional, is the military-run state security system which
incorporates the Ministry of National Security (SNASP) . The
latter system, established to deal with the growing armed
insurgency, has jurisdiction over both political and economic
(sabotage) crimes against the State. These two systems
operate separately and are subject to separate controls.
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Under the state security system, all investigations and
arrests are carried out by SNASP. Detainees may be held
indefinitely, often incommunicado, without formal charges.
They do not have the right to challenge the legality of their
detention. SNASP has the power to conduct pretrial inquiries
without reference to a judge. Amnesty International has
recommended that SNASP' s power to detain persons be drastically
reduced because such unlimited authority invites abuse.
There are no reliable estimates of the numbers of persons
detained for political reasons. Amnesty International
estimated that there were approximately 4,000 to 5,000 RENAMO
detainees, a figure the Government publicly acknowledged.
Neither the Government nor RENAMO have agreed to allow the
International Committee of the Red Cross (ICRC) to visit
detainees .
Under the regular civil/criminal court system, persons accused
of the most serious crimes can be detained up to 84 days
without investigation. With court approval, such detainees
can then be held for two additional periods of 84 days while
the police complete their investigation. While being detained,
individuals have the right to counsel and to contact relatives
or friends. In some cases, detainees may be released from
prison while the investigation proceeds, but the bail system
in Mozambique remains ill-defined. The law stipulates that if
the prescribed period for investigation has been completed and
no charges have been brought, the detainee must be released.
In practice, these procedures are not always followed, and
legal counsel is frequently not available. However, the
Government is making efforts to improve the administration of
justice and due process; in 1987 it began training 25 public
defenders to handle cases before the Mozambican courts.
In 1985 as part of the "offensive for legality," the
Government set up a judicial inspectorate to help supervise
the administration of courts and prisons. During 1987 the
Ministry of Justice continued its effort to ensure that
detainees held by police were afforded access to government-
provided legal assistance. The Ministry of Justice also
launched programs to publicize basic laws and rights of
defendants, families, and children and to conduct seminars on
human rights throughout the country.
During 1987 there were no reports of anyone being exiled from
Mozambique (see also Section 2.d.). As far as is known,
compulsory labor is not practiced by the Government. RENAMO
reportedly makes extensive use of captive labor to carry
supplies and to perform other support functions.
e. Denial of Fair Public Trial
The modern judicial system is based on Portuguese civil law.
There are a series of People's Courts at the district and
provincial levels, and a Superior Court of Appeals in Maputo.
Nonpolitical trials conducted by the regular civil/criminal
court system are generally fair and are held in public.
At the local level, there are also customary courts. Trials
are often conducted in a public place in the village where the
crime was allegedly committed in order to encourage public
attendance and participation. The proceedings are conducted
by a trained representative of the Ministry of Justice,
assisted by two or four popularly elected "judges." Since the
legal knowledge of those involved is limited, they are
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instructed to exercise common sense and to apply locally
accepted principles.
These traditional or customary courts can handle only minor
offenses; more serious crimes are tried in the people's courts
at the district and provincial levels. District and
provincial trials are also open to the public. In certain
cases, such as rape, the defendant can request a closed
trial. Persons convicted of a serious crime have the
automatic right of appeal to the next higher court.
Inspections of the judiciary process in several provinces
during 1987 were reported by the media, and efforts were made
to give defendants speedier access to trial.
Prisoners charged with crimes against the State are tried by
the Revolutionary Military Tribunal and are denied most due
process rights. Trials are held in camera, and there is no
appeal. Defendants are generally not informed of the precise
charges against them and are not permitted to call witnesses
for their defense. In 1987 the People's Assembly approved the
country's first military crimes law and a military tribunal
law. The military crimes law will take force in July 1988 to
allow time for organization of the military tribunals. The
military crimes law can be applied to military personnel and
civilians alike. It defines a military crime as "any socially
dangerous action or omission which affects military ethics and
discipline, or that endangers, prejudices, or disturbs combat
capacity or military security, and which is covered in
existing military law." Penalties range from 30 days'
imprisonment to death.
In 1987 the People's Assembly passed legislation authorizing
pardons and amnesty for about 1,500 convicts, and the media
carried stories regarding the release of some of these
persons. In March the media reported that 380 prisoners were
granted clemency in Sofala province and 40 in Inhambane
province. In December 1987, President Chissano proposed, and
the People's Assembly approved, two important laws on amnesty
and pardon. The first gives amnesty to insurgents who turn
themselves in to local authorities and seek reintegration into
society. The second shortens the sentences of persons
convicted of crimes under the 1979 security legislation.
Government officials have said that in connection with these
two new laws, efforts would be made to speed the processing of
persons who have been held for extended periods without being
tried. The pardon law specifically states that time spent in
detention prior to trial will count toward sentence reduction
if the detainee is eventually convicted of a crime.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The party apparatus is used to monitor daily life. In areas
of active insurgency, homes are entered at will by security or
police forces. It is widely assumed that surveillance devices
are employed to monitor the local and international
telecommunications systems. There have also been reports of
tampering with mail, especially mail from abroad. Regular
foreign broadcasts are received without interference, and
there is no restriction on listening to them. The Governmenc
does not generally interfere with family affairs such as
marriage or the rearing of children.
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g. Violations of Humanitarian Law in Armed Conflicts
Both government forces and RENAMO have been responsible for
the death of civilians in the course of the conflict between
them. Strong circumstantial evidence suggests that RENAMO was
responsible for a series of massacres of civilians in southern
Mozambique and the eastern fringes of Zimbabwe during the
second half of 1987. The most brutal attack occurred on July
18 at Homoine in Inhambane Province, in which 424 civilians
were killed, according to the Government. An American
eyewitness saw the attackers shoot and kill a group of women
and children and reported that other victims had been killed
with machetes and bayonets. Similar attacks occurred in
Manjacaze on August 10 in Gaza Province in which the
Government said 93 civilians were killed; at a Methodist
mission station in Cambine, where church sources report 15
were killed; and Michafutene in Maputo Province, where the
Government said 27 persons were killed. Expatriate missionary
personnel working in these areas stated that other attacks of
this sort occurred in Gaza and Inhambane provinces. In
addition, the Government stated that more than 300 persons
were killed in two separate attacks on convoys near Taninga in
Maputo province in October 1987. Foreign diplomats who
visited the site shortly after the second attack saw more than
90 burned out vehicles, including trucks carrying food aid,
and passengers' belongings strewn along the highway. RENAMO
spokesmen acknowledged carrying out attacks in southern
Mozambique but denied attacking civilians.
On November 5, the Government appealed to the international
community for assistance in treating 30 children (ages 5 to
16) whom it said it had brought to Maputo from RENAMO camps
destroyed by government forces. The children had reportedly
been abducted by RENAMO and trained to participate in its
attacks. Several children had been mutilated.
The Government publicly rejects negotiations and continues
aggressive efforts to combat RENAMO. There have been
unconfirmed reports that errant Mozambican troops and militia
rob vehicles on highways and sometimes kill passengers to
prevent identification. Civilian casualties may have occurred
during large-scale operations by government troops in the
central provinces, which sometimes included bombing raids.
RENAMO claimed that 50 civilians were killed during a bombing
raid by Zimbabwean forces in Sofala province in December.
Amnesty International has received reports of killings and
mutilations of captives by both government and opposition
forces. The Catholic bishops of Mozambique publicly decried
the violence perpetrated against the civilian population by
both sides and called for dialog and national reconciliation.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedoms of speech and press are circumscribed. However, in
1987 the Government exhibited greater tolerance for public
criticism of government policies and officials. The President
held a series of "town meetings" in half of the country's
provinces in early 1987. He heard numerous criticisms of
officials and official policies at each stop. Subsequently,
he announced that ombudsmen offices would be established in
the provinces for citizens to register their complaints
without fear of retribution. Offices have already been
established in at least two provinces.
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MOZAMBIQUE
The Government exerts control, either directly or indirectly,
over all authorized media in the country, ranging from the
radio and experimental television facilities to the nominally
independent daily Noticias. Some foreign publications,
including independent Western newsmagazines, are available in
bookstores. The Mozambican media promote the Government's
general philosophy and its positions on issues. There is,
however, controlled reporting on abuses within the system or
flaws in the implementation of government policies in those
areas where the Government has admitted to errors or wishes to
initiate changes. For example, in Nampula province, the
Government established a commission of inquiry to investigate
allegations of local reports of torture which first appeared
in Noticias. Magazines and newspapers frequently contain
articles or letters to the editor complaining about the lack
of goods or social services or the ineffectiveness of a
particular official.
Western journalists (including Americans) are welcome in
Mozambique, and the Government generally works to make their
visits productive.
b. Freedom of Peaceful Assembly and Association
Political opposition to the Government is not permitted.
Public meetings other than purely social or recreational
gatherings are controlled by the local authorities. The
Government has organized several "mass movements" for groups
such as women, youth, and workers and utilizes them to
motivate and to receive feedback from the general population.
There are also several professional associations, such as the
Mozambican Writers' Organization, which are linked to the
party. Although membership in these organizations is
theoretically voluntary, the party occasionally exerts
pressure to join.
The formation of independent labor unions is not permitted,
and strikes are forbidden. In 1983 the Government established
the Mozambique Workers* Organization which was intended to
function as a national labor union under party guidance. The
Organization has little influence on economic policy or
politics, but the number of party-controlled unions under this
umbrella organization was expanded during 1987. There were a
number of exchanges of delegations in the labor field with
other countries, most often with Eastern European countries,
but occasionally with Western nations.
c. Freedom of Religion
The Constitution provides for freedom of religion and
separation of church and state. In the past, the Government
restricted religious activities, reserving the right to decide
whether individual church buildings could be utilized, and it
nationalized church schools and hospitals. However, the
improvement in church/state relations, which began several
years ago, continued in 1987, and organized religions
generally operated without official harassment. A number of
religious delegations visited Mozambique during the year, and
the Government and the Vatican discussed further means of
improving relations between church and state. Also in 1987,
2,000 Jehovah's Witnesses who had been deported or exiled by
the Government in 1976 were allowed to return home. A pastoral
letter issued by the Catholic bishops in May calling for dialog
and national reconciliation to end the conflict was attacked
in the government-influenced media, but the Government did not
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MOZAMBIQUE
block the reading of the letter from pulpits or its
circulation. The government-influenced media have publicized
various aspects of Protestant, Catholic, and Muslim
humanitarian relief efforts.
Although the Government reserves the right to decide whether
individual clergy can visit outlying areas, it usually allows
such travel in connection with pastoral duties. Most churches
have been allowed to reopen, and services are well attended.
The Muslim community has established a national organization,
resumed religious training, reopened mosques, and sent groups
on pilgrimages to Mecca. Party members are not formally
prohibited from membership in a church or mosque, although
such membership is discouraged.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travel and relocation within the country are controlled by
security and employment requirements under the rationale of
assuring public and social order. Ambushes by insurgents make
road travel hazardous throughout the country. Mozambicans
planning to travel outside their district must obtain a travel
permit from local government authorities. In practice, this
system is not always enforced, especially with regard to
travel within the general vicinity of one's residence.
Mozambican law does not address the issue of emigration, but
in practice Mozambicans can emigrate if they wish. In recent
years, over 2 million persons have been dislocated within
Mozambique, and more than 750,000 persons have fled across
borders to neighboring countries as refugees or displaced
persons due to the intensification of the conflict and
famine. The Government cooperates with the United Nations
High Commissioner for Refugees and is committed to resettling
these refugees when security conditions permit their
repatriation. The Government has publicly and privately made
clear its opposition to forced repatriation, but in June some
9,000 Mozambicans were forcibly repatriated from Zimbabwe at
the unilateral initiative of the Government of Zimbabwe.
Moreover, it is not clear, because of security conditions,
that repatriates would be free to return to their home areas.
Since 1981 the Government has had a policy of welcoming back
Mozambicans who left the country, and President Chissano
specifically invited Mozambicans who have been living abroad
for economic or political reasons to return. In the past,
some Mozambicans who had opposed the party before independence
were jailed upon their return to Mozambique. Such imprisonment
remains a possibility, but Mozambicans who since 1986 have
accepted the Government's invitation to return apparently have
not suffered harassment or retribution. Supporters of the
insurgency or outspoken critics of the Government generally
have opted not to return to Mozambique.
A 1982 law allowed for the reacquisition of citizenship by
Mozambicans who left the country and assumed another
nationality. In December the People's Assembly enacted a
nationality law restoring Mozambican citizenship to women who
lost it through marriage to foreigners.
Since independence, the Government readily provided asylum to
refugees from neighboring countries. Because of the difficult
conditions within Mozambique, there were only an estimated 500
refugees in the country at the end of 1987. Most refugees in
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MOZAMBIQUE
Mozambique are from South Africa and Chile. Since signing the
Nkomati Accord in 1984, the Government has restricted entry of
members and supporters of the African National Congress.
Despite poor economic conditions and civil war, the Government
continues to assist refugees by providing land, housing, relief
assistance, social services and, in some cases, employment.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens are not free to change their Government: no organized
political opposition is allowed. The FRELIMO party and the
Government are controlled by a small cadre of senior officials
in the Politburo, but there is scope for political
participation for those who are not party members. Some
government ministers are not members of the party. The
legislature, the People's Assembly, serves to ratify
legislation prepared by the government party. Its votes
usually are unanimous. However, the Assembly held spirited
discussions in 1987 and revised several reports presented to
the second session. The Assembly normally convenes twice a
year for 1-week sessions. The Constitution is being revised
under party and government supervision, reportedly with the
objective of increasing political participation within the
one-party structure.
The party and Government espouse a system of "people's
democracy" whereby decisions theoretically are made by
consensus: in practice, this means that policies and
initiatives emanate from above. The electoral process is
closely controlled by the party. The first national elections
since 1977 for People's Assemblies at the local, district,
provincial, and national levels were held in 1986. The party
drew up single slates of candidates for the elections, and
party structures reviewed these slates with the local
population prior to the election. Voters had some degree of
choice since there were, by law, 20 percent more candidates
than seats available in the various assemblies. Some members
of the provincial and district People's Assemblies are not
party members, and at least 15 members of the national
People's Assembly do not belong to the party.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government's attitude regarding such outside investigation
has been mixed. The Government has discussed the status of
RENAMO prisoners with international relief organizations,
including the ICRC, but it does not permit, as yet, ICRC
access to political detainees. RENAMO categorically refuses
to allow ICRC visitations to prisoners. The Government did
not respond to inquiries and recommendations by Amnesty
International to strengthen controls against torture and to
limit the right of security forces to hold detainees for
unlimited periods without charge. In some cases, however, the
Government has responded to inquiries on specific detainees'
cases, and it has reportedly responded positively to some
allegations of torture by establishing a provincial commission
of inquiry and dismissing a military officer.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
In spite of the strains imposed by the conflict and the
economic collapse, racial harmony remains a hallmark of
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MOZAMBIQUE
Mozambican society. While the majority of the FRELIMO
leadership are members of the southern-based Shangaan tribe,
within the black population of Mozambique the individual
ethnic groups are treated fairly by the Government. RENAMO
has sought to obtain support by exploiting historically based
intertribal antipathies, especially in the central and
northern part of the country. As a result of the greater
educational opportunities which were available to ethnic
Asians and whites prior to independence, they hold important
positions in numbers much greater than their proportion of the
general population.
Women have, in theory, equal rights under Mozambique's
Constitution, and, with government support, are increasingly
prominent in government positions, particularly at the working
levels. The Government is continuing efforts to improve the
legal status of women. For example, a main purpose of the
nationality law passed by the People's Assembly in December
1987 was to give women equal rights in this important area, by
allowing women who marry foreigners, and their children, to
retain Mozambican nationality. The Organization of Mozambican
Women is the party's mass organization that aims to assist
women as, for example, in helping to establish day-care
centers. However, in a largely rural society, the reality is
that the vast majority of women are still bound to traditional
roles, such as childbearing and tilling the fields.
CONDITIONS OF LABOR
Most of the population is engaged in subsistence agriculture
and is outside much of the wage economy and government
regulations concerning working conditions. In the small
modern sector, the Government has enacted health and
environmental laws to protect workers. On occasion, the
Government has closed down firms for noncompliance of these
laws, but enforcement is limited and difficult in the current
economic situation. Legislation containing job-related
safeguards for pregnant women and new mothers provides for the
right to 60 days' maternity leave. If firms have day-care
facilities, women reportedly have the right to two half-hour
breaks daily for a year to feed their children. Child labor
is also controlled, and the minimum working age (excluding
agriculture) is 16. The Government sets wage rates. As part
of the economic reform program, after currency devaluations
totaling almost 1,000 percent, the Government increased wages
by 50 to 90 percent, but wages are still woefully inadequate,
given the high rate of inflation and price rises that are part
of the economic reform process. The minimum wage is
approximately $28 per month.
Until recently labor law in Mozambique placed extensive
restrictions on employers' control over their employees.
However, the Government has enacted a comprehensive
labor law that increases the autonomy of employers. Among
other things, it allows both public and private firms to fire
employees without obtaining governmental permission. Companies
may now also reward their best workers with bonuses and
penalize less productive employees.
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Namibia is a political anomaly, and its unique status
significantly affects the human rights situation in the
territory. Formerly German South West Africa, Namibia has
been ruled by the Republic of South Africa since 1915. The
United Nations lifted South Africa's 1920 League of Nations
mandate in 1966. However, South Africa refused to relinquish
the territory and ignored a 1971 advisory opinion of the
International Court of Justice upholding U.N. authority over
Namibia and calling for South Africa's immediate withdrawal.
Although the South African Government's representative in
Windhoek, the Administrator General, continues to "administer"
Namibia, South Africa over the years has created several
structures to which it has devolved some autonomy over internal
affairs. (South Africa retains direct responsibility for
foreign affairs, defense, and the territory's constitutional
status.) The most recent structure created, the Transitional
Government of National Unity (TG) , has been serving since June
1985. A number of political groups refused to join the TG,
including the South West African People's Organization (SWAPO),
the largest and most important group opposing South Africa and
the TG. The international community does not recognize the TG
and holds the South African Government responsible for the
actions of the Namibian authorities.
In 1978 the United States, the United Kingdom, France, the
Federal Republic of Germany, and Canada drafted a proposal for
Namibian independence agreed to in talks with South Africa,
SWAPO, and the neighboring states (known as the "Front Line
States"). This proposal was adopted by the United Nations
Security Council as UNSCR 435. It calls for a cease-fire, the
phased withdrawal of South African forces, and free elections
under U.N. supervision. South Africa has said it will
implement UNSCR 435 only with a satisfactory commitment by the
Angolan Government on the parallel withdrawal of Cuban troops
from Angola. The United States, Angola, and South Africa have
held periodic talks on a timetable for Cuban troop withdrawal
and, in past years, the Angolan and South African Governments
have made formal proposals on the numbers and timing of that
withdrawal. The United States held talks with Angolan
officials in April, July, and September 1987 on this issue.
Meanwhile, Namibia continues to experience low-level guerrilla
conflict with insurgents of SWAPO's military branch, the
People's Liberation Army of Namibia (PLAN), fighting the South
African Defense Forces (SADF), and Namibia's South-West Africa
Territorial Force (SWATF). SWAPO draws its strength
principally from within the Ovambo tribe. The bulk of the
insurgency and counter insurgency effort occurs in the north in
Ovamboland and Kavango, but violence erupts sporadically
throughout the country. Guerrilla activity by PLAN diminished
in 1987 in the face of effective South African operations.
SWAPO, whose external political and military wings are based
in Luanda, Angola, also has a political wing which is allowed
to operate inside Namibia.
Some 60 percent of the population of 1.3 million lives by
subsistence agriculture. The modern economy relies on mining
(which employs at least 10 percent of the work force), fishing,
ranching, and food processing. Gross domestic product grew by
3.5 percent in 1986 and was expected to grow by about 2.5
percent in 1987, according to government statistics. However,
the relative lack of diversification in the economy has
produced uneven growth. Economic conditions are particularly
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NAMIBIA
severe in the north. Overall the Transitional Government
estimated unemployment to be 15 percent in 1986.
In 1987, as over the past 20 years, most reports of human
rights violations by government authorities or SWAPO involved
actions taken in the "operational area" in northern Namibia
(where over half of the territory's population lives) and
during South African raids into southern Angola. Arbitrary
government detention without access to counsel or visits by
family members as well as other restrictions, e.g., on freedom
of assembly, continued. During 1987 the TG ' s Constitutional
Council grappled with the drafting of a constitution. A
majority of the Council's members accepted a draft that would
effectively end ethnic-based government, but the South African
Government said the draft did not provide adequate guarantees
for group or minority rights. In a move interpreted by some
as a sign of displeasure over the majority draft constitution,
the South African Government cut its subsidy to Namibia by
$100 million.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Namibia remains an arena of guerrilla conflict, and in the
course of operations there are periodic reports of politically
motivated attacks and killing by both government security
forces and SWAPO (see Section l.g.). The SADF/SWATF claim
SWAPO guerrillas have murdered some civilians of the dominant
Ovambo tribe in the northern operational area, allegedly to
intimidate others into supporting SWAPO or at least refraining
from helping the security forces.
There are regular and numerous reports of abuses, including
killings, by an internal police counter insurgency force
formerly known as "Koevoet" ("Crowbar"), and now known as
"Coin" (short for "counterinsurgency" ) . In the most prominent
case, six security force members were charged in September
with murder in the killing of SWAPO member Immanuel Shifidi
during a SWAPO rally in November 1986. The trial was
continuing at the end of 1987.
b. Disappearance
Under security legislation, security forces need not notify
anyone when a person is detained, and they often hold
detainees inconununicado for extended periods of time. As a
result, some Namibians have "disappeared" only to turn up
later in detention cells. As in previous years, there were
reports in 1987 that security force officials failed to
respond to requests from family members for information. In
such cases, legal counsel sometimes has to petition the courts
to obtain information on suspected detainees. Amnesty
International (AI), in its 1987 Report (covering 1986), noted
that the van Dyck Commission (see Section I.e.) had determined
that the security police had not kept records on detainees
under security law AG-9 . AI stressed that this failure to
keep records may explain why in previous years the authorities
were unable to account for people whose relatives believed
they had been detained.
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NAMIBIA
In 1987 there was a continuing controversy over what has
happened to approximately 100 SWAPO members. One Namibian
group, the Parents Committee, and the International Society
for Human Rights claimed that SWAPO had itself killed several
of these persons and was holding the remainder against their
will. SWAPO claimed that the persons concerned were "spies"
and were being held in camps in Angola and Zambia. These
"disappearances" also may be related to the SWATF claims that
SWAPO kidnaps civilians, particularly young people, to gain
recruits. SWATF claimed in June that SWAPO had abducted 89
people, including 73 children, in the previous 2 weeks. Eight
of the 73 children reportedly "escaped." SWAPO consistently
has denied claims of kidnaping, saying that its recruits come
voluntarily.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Allegations of abuses by security forces, particularly
Koevoet, continued in 1987. As in earlier years, political
leaders, clergymen, and others regularly made detailed
allegations that the police and security forces engaged in
brutal treatment, including severe beatings, of civilians,
primarily in northern Namibia, in and out of detention. Some
of these allegations have been confirmed, either through
admissions by security force personnel or through
investigations. The Transitional Government's Minister of
Justice stated publicly that the TG should not be held
responsible for police or Defense Force atrocities, as it does
not control these forces.
The authorities have investigated some, but not all, cases of
alleged misbehavior by security forces. In a few cases,
investigations were spurred by defense attorneys' threats to
institute what are known as "private prosecutions" of security
officials. In a 1987 case, a South African police captain,
Pat King, stood trial for the torture of several Ovambo
citizens and the killing of one of them, Johannes Kakuva, in
1980. King was acquitted in December 1987. In another case,
a Koevoet captain admitted during a trial of eight suspected
SWAPO insurgents that he had beaten one of the accused in
order to force a confession. The confession was excluded as
evidence, but the victim nevertheless was convicted of
terrorism. Upon the judge's recommendation, two officers
involved in the interrogation of Johnny Heita and seven others
were investigated for their conduct. However, the Government
decided in November not to prosecute. The SADF has stated
that during 1985 and 1986, 29 SADF members were tried,
convicted, and sentenced in the Windhoek Supreme Court to
terms ranging up to 22 years in prison.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Government employs three pieces of security legislation
granting broad powers of detention. In contrast to previous
years, in 1987 the Government relied primarily on Section 6 of
the Terrorism Act of 1967 to detain suspected insurgents or
SWAPO sympathizers. This Act, repealed in South Africa but
continuing in force in Namibia, is the harshest of the three
laws, allowing for indefinite incommunicado detention without
review. Under the Act, the detainee frequently is held in
solitary confinement and does not have access to counsel, his
own physician, family, or friends. He does, however, have
access to government-appointed doctors and magistrates. The
other two laws, enacted by proclamations of the Administrator
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NAMIBIA
General and also providing for detention without trial, are
known as AG-9 and AG-26. The former, which heretofore
constituted the legal basis for most detentions, allows for
access to counsel only after 30 days; the latter allows for
early access.
It is not certain how many people were in detention during
1987. In a response to a parliamentary question in June,
South African President Botha stated that there were a total
of 10 Namibians in detention without trial under the three
security laws; 9 under the Terrorism Act. But the TG ' s
Minister of Justice said in May that several people were being
detained under AG-26.
In the most important detention case, the police detained six
SWAPO m.embers and trade unionists, five on August 18 and one
on August 26, ostensibly under the Terrorism Act. They were
Dan Tjongarero, Nico Bessinger, Hendrik Witbooi, Anton
Lubowski, John Pandeni and, later, Ben Ulenga. The police
claimed that they were being detained in connection with
SWAPO" s July bombing of a Windhoek parking garage. However,
the Windhoek Supreme Court ordered the release of the six on
September 11 and criticized the Government for continued
recourse to the Terrorism Act, describing it as "draconian."
Although courts cannot review detentions under the Terrorism
Act, the Court released the detainees because the police had
improperly invoked the Act.
Some of the same SWAPO members and trade unionists had been
arrested earlier in the year under AG-9, and SWAPO's Secretary
for Labor was detained under the same decree in October. In
at least three instances people were initially detained under
AG-9 but later held under the more restrictive Terrorism Act.
There were no legal challenges to the constitutionality of
security legislation in 1987, as there had been in 1985 and
1986, and all the security provisions remain in force.
Although the TG ' s own "Bill of Fundamental Rights" stipulates
that "no one shall be detained for an indefinite period of
time without a fair and proper trial by a court," the uncertain
status of the TG and continuing rule by South Africa prevented
this right from being respected fully. The South African
State President issued Proclamation 157 of 1986, which stated
that no court would be competent "to inquire into or pronounce
upon the validity" of any act passed by the South African
Parliament before or after the formation of the TG . Since the
TG has not won approval from South Africa to apply a new
constitution, the Appeals Court in South Africa (the highest
court for Namibian legal matters) ruled that no law in force
before the institution of the Bill of Rights (June 1985) was
subject to the Bill's provisions.
There is no forced labor in Namibia.
e. Denial of Fair Public Trial
The judiciary (Supreme Court, magistrate courts) is independent
of the executive (TG) , but its authority is limited by TG and
South African legislation and subject to appellate review by
the South African Court of Appeals in Bloemf ontein. The
Namibian judicial structure comprises two overlapping systems--
one for whites, westernized blacks, and coloreds, and another
for the indigenous African people. In 1919 Roman-Dutch law
was declared the common law of the territory.
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Most trials are held in public, and the defendants have a
right to counsel. Those who are brought to trial generally
receive a fair hearing based on the legal merits of their
case, and there is a right of appeal.
There was no further action on the van Dyck Commission report,
issued in October 1986, which proposed revisions in the
security legislation. The Commission had recommended, inter
alia, that the security laws be consolidated into one act.
The Commission would permit the retention of detention without
trial. The proposals would also place the burden on defendants
to prove their innocence "beyond a balance of probability" once
the prosecution has established that the alleged crime did
occur and that the accused had some knowledge of it.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Security legislation allows the security forces almost
unlimited powers of search and seizure. Invasion of homes is
said to be connmonplace in the northern operational zone. Cars
are searched at security checkpoints. Telephones and mail of
those unsympathetic to the TG and the security forces are
believed to be monitored. Some individuals charge that they
are under periodic surveillance. There have been allegations
that security forces have threatened civilians to obtain
information on suspected SWAPO insurgents.
g. Violations of Humanitarian Law in Armed Conflicts
Namibia has witnessed insurgency and counterinsurgency since
1966. Although the combat action is often described as
low-level guerrilla activity or as a "bush war," the
cumulative costs in casualties and resources are high, and
there is no end to the conflict in sight.
In this long-running conflict, many innocent civilians have
been hurt or killed. There are regular charges of abuse by
security forces, particularly in the "operational area" of
northern Namibia. The brother of a prominent church leader
was killed in June. While the South African Defense Force
admits shooting the man, Joseph Dumeni, SADF claims he was
shot while violating the dusk-to-dawn curfew in the
operational area in northern Namibia. His family claims,
however, that he was killed in Angola before the curfew.
There have been calls for a police investigation, and Dumeni "s
wife is suing the SADF and the South African Defense
Minister. In June one young woman was killed by security
forces during a disputed curfew violation. Several other
people have been shot during alleged curfew violations. In
early October, security forces allegedly killed one woman and
injured two others at an Ovamboland hospital.
Civilians have also been killed in the course of both security
force pursuits of insurgents and SWAPO insurgent actions. Two
were killed when a Koevoet armored vehicle reportedly ran over
a hut in Ovamboland. The SWATF claimed that a SWAPO bombing
of an Ovambo shop killed 2 and injured 22. Other civilians
reportedly were killed when vehicles exploded landmines
planted by the guerrillas. The Government alleged that two
children were killed in October by antipersonnel mines planted
by SWAPO. A SWAPO bomb blast at a post office in Walvis Bay
in November slightly injured one security guard. Two other
bombs within a 24-hour period in Swakopmund and along a rail
line in Windhoek caused minor damage and no injuries. The
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NAMIBIA
July car bomb in the parking garage of Windhoek's largest
hotel and shopping center caused substantial damage but no
injuries. Civilian casualties could have been significant if
the bomb had exploded during business hours. There have been
further allegations of kidnapings by SWAPO. Security forces,
particularly Koevoet, have been accused of beating civilians
during searches for insurgents or as a means of intimidating
civilians in the north, ostensibly to discourage assistance to
SWAPO guerrillas.
The Government and SWAPO have blamed each other for several
bombings or other attacks in 1987. The most notable example
was the bombing and total destruction of a Roman Catholic
church in Ovambo in September (there were no injuries). The
security forces alleged SWAPO had carried out the action;
SWAPO denied this, arguing that there was no reason to launch
an attack against a group which is considered sympathetic to
SWAPO .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Both South Africa and the TG restrict non-Namibians from
speaking out on political issues within Namibia. The TG has
the authority to ban outsiders from entering Namibia to give
speeches. The law also bans rightwing groups — including the
Conservative Party, the Herstigte Nasionale Party, and the far
right Afrikaner Weerstandsbeweging from speaking on plans for
Namibian independence.
Namibian newspapers are subject to South African press laws,
including the Internal Security Act of 1950, which restrict
reporting on some security matters. Nevertheless, Namibian
newspapers can and often do publish stories critical of the
security forces and TG. Although the Government controls the
electronic media, newspapers represent views covering the
entire political spectrum. Editorials have supported a
variety of views, including pro-SWAPO sentiments. Newspapers
also continue to publish stories critical of the activities of
specific government employees.
There were, however, instances of government restrictions on
the press in 1987. The weekly. The Namibian, alleged that it
was harassed and its reporters and photographers were not
given equal access when covering security-related stories.
The South African Directorate of Publications, which determines
which stories are publishable, banned distribution of a January
issue of The Namibian for publishing a photograph of an armored
vehicle with bodies of dead SWAPO insurgents strapped to the
outside of the vehicle. The South African authorities also
banned a September edition of the weekly Observer, on security
grounds .
Publications which are banned in South Africa are for the most
part also banned in Namibia. Some SWAPO publications have
routinely been declared "undesirable" and thus illegal to sell
or distribute. Windhoek bookstores carry some publications
which one would not find in South Africa, and regulations
regarding sexually oriented publications are somewhat less
stringent in Namibia.
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b. Freedom of Peaceful Assembly and Association
Namibian law requires that persons wishing to organize public
meetings must obtain prior approval from the Government under
the Notification and Prohibition of Meetings Act. Bans on
meetings can also be imposed under the Riotous Assemblies Act
of 1956. The Windhoek Supreme Court removed some restrictions
on SWAPO meetings in 1986. As a result, there were no further
outright bannings of SWAPO meetings in 1987, and SWAPO held
several rallies including a May Day rally. However, security
forces forcibly broke up some SWAPO meetings claiming they
were acting in self-defense or were reacting to the presence
of SWAPO members armed with weapons. In one incident, Rossing
Uranium, one of the country's largest employers, expressed its
"extreme concern" over the police breakup of a SWAPO meeting
near its mine in Swakopmund. The police said they arrested
eight people for possession of dangerous weapons and claimed
the eight attempted to attack the police. Others at the
gathering, however, said that none of the rally-goers carried
weapons and that the police action was unprovoked. Security
forces have also fired teargas or rubber bullets
indiscriminately at rallies, according to several witnesses.
Labor unions are legal in Namibia, and they have the right to
engage in collective bargaining and to strike. In 1987 there
was substantial union activity and several strikes. There are
approximately 15 unions in Namibia, several of which were
first registered by the Government in 1987. Most Namibian
workers are not unionized, but the majority of workers in the
largest single private sector of the economy, mining, are
unionized. To limit politicization of the unions, the
Government has legally proscribed South African unions from
organizing in Namibia. Unions represent different political
views, but the largest unions, allied in the National Union of
Namibian Workers (NUNW) , are sympathetic to SWAPO, and their
leaders are SWAPO officials.
There are no industrial courts in Namibia, but there are
conciliation boards. Although unregistered unions can bargain
with their employers if they are recognized by management,
they do not have access to conciliation boards. There were 43
strikes in Namibia during the first 5 months of 1987, the last
period for which figures are available.
c. Freedom of Religion
Namibians enjoy freedom of religion. Almost all Namibians are
Christians, with the Lutheran Church having the most adherents;
The largest group belongs to the Evangelical Lutheran Ovambo-
Kavango Church, now known as the Evangelical Lutheran Church
in Namibia (ELCIN) . Roman Catholic, Anglican, Methodist, and
Dutch Reformed churches are also active. There is one Jewish
synagogue, in Windhoek.
The majority of church leaders are openly critical of the TG,
and are allied through the Council of Churches of Namibia
(CCN) . CCN leaders claim that they are regularly harassed,
and several church officials were denied passports in 1987, as
they had been in earlier years. The security forces and the
Government have said that these church people are SWAPO
supporters .
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d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
A dusk-to-dawn curfew in the entire operational area of
northern Namibia remains in place. A legal challenge to the
curfew by some church leaders failed in the Windhoek court in
1986 and in the appeals court in South Africa in 1987. The
curfew, as noted elsewhere, has served as the backdrop for
several disputes over alleged human rights abuses by the
security forces.
Until November 15, 1987, when the requirement was eliminated,
there were six security districts which no person could visit
without first obtaining a police permit. The districts
affected included Ovamboland, Kavangoland, Kaokoland,
Bushmanland, Hereroland East, and the Eastern Caprivi.
Obtaining a permit generally took 2 days. Church people
complained that the permit requirements restricted their
access to the north, where most of their parishioners live.
South Africa, through the Administrator General in Windhoek,
controls foreign travel by Namibians. There were several
cases in 1987 where political opponents of the TG were denied
either passports or travel documents. Since the holding of a
passport is considered a privilege, not a right, those denied
passports or travel documents cannot appeal through the
courts. The Administrator General and his officers do not
have to provide reasons for a denial.
There were no known deportations under the "Residence of
Certain Persons in South West Africa Regulation Act," which
allows for the deportation of non-Namibians who threaten the
public order.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Namibians do not have the right to change their government.
South Africa still maintains control over the territory, even
though the United Nations has declared South Africa's mandate
illegal. While the Transitional Government in theory controls
most government portfolios except for defense and foreign
affairs, the South African Government and its representative,
the Administrator General, still maintain ultimate authority.
The TG and the National Assembly are appointed, not elected,
bodies. Namibia is administered by a three-tiered structure,
created in 1980 under a decree, promulgated by the
Administrator General, known as AG-8, which provides for a
central legislative body (the National Assembly), 11
ethnic-based second-tier authorities, and local or municipal
authorities. Only some of the second-tier legislatures have
been elected. The second-tier element, which currently
establishes the Namibian political system on an ethnic basis
rather than on a national nontribal basis, generates
considerable internal political debate. The Transitional
Government requested during 1987 that the Windhoek Supreme
Court offer an advisory opinion on whether AG-8 violated the
antidiscrimination provisions of the TG ' s Bill of Fundamental
Rights. The opinion, which had yet to be issued at the end of
1987, would not be binding. The possibility of ethnic or
regional elections was discussed during 1987, but a 1-year
moratorium has been issued on most second-tier elections.
(The Ovambo and Damara authorities are not included in the
moratorium.) The Rehoboth Basters, 1 of the 11 ethnic groups.
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NAMIBIA
are ruled under a separate dispensation and held elections
December 16. Such elections are not recognized internationally
because of the U.N. withdrawal of South Africa's mandate.
UNSCR 435 calls for internationally supervised elections of a
national constituent assembly as part of the independence
process. Although UNSCR 435 calls for these elections before
the drafting of a constitution, the South African President
created a Constitutional Council containing members of the TG
to devise a constitution. The Council reached majority but
not unanimous agreement on a draft in 1987. However, this
draft apparently was unacceptable to the South African
Government because it did not provide adequate guarantees for
minority ethnic groups. In June, after a meeting between
South African Government and TG officials in Windhoek, it was
decided to offer the majority draft and another one, supported
by the South West Africa National Party and the Rehoboth
Basters, for public comment. Discussions among the TG
majority, the TG minority, the Administrator General, and the
South African Government on the constitution were continuing
at the end of 1987.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Administrator General and the TG had a mixed record in
1987 in permitting critics of Namibia's human rights situation
to visit Namibia. A representative of the Lawyers' Committee
for Human Rights initially was refused a visa, but then was
allowed entry. Some church officials, including those
belonging to the territory's largest denomination, the
Lutheran Church, were allowed into the country. The TG
refused two Lutheran groups visas for a "pastoral visit" in
October, claiming the groups "are not in favor of the
Government and they have not contributed to the peace and
stability of this country." The Lutheran World Federation
protested the visa denial to President Botha. During 1987 the
International Committee of the Red Cross (ICRC) visited 25
persons at Windhoek security prison who had been sentenced or
were awaiting trial on the basis of security laws and arranged
for family visits to the prisoners. The ICRC is seeking
access to all detainees arrested in connection with the
conflict, and negotiations among the ICRC, the TG, and the
South African Government were continuing at the end of 1987.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Namibia's second-tier government authorities are based on the
following racial and ethnic groups present in the territory:
Ovambo, Whites, Damara, Herero, Kavango, Nama, Colored (mixed
race), Kaokovelder, Bushmen, Rehoboth Baster, Caprivian, and
Tswana. Namibia's population in 1987 was estimated at 1.3
million, of whom just over half are Ovambo. There are
approximately 75,000 whites in Namibia. Although some
government revenues are shared among all the groups, much of
the tax revenue collected from members of the different ethnic
groups stays with that group. Thus, white medical and
educational facilities are far superior to those of the other
groups .
Social facilities are generally open to all races, although
private businesses can, and in some cases do, restrict
admittance based on race. Unlike South Africa, residential
areas are not legally segregated. Economic factors do.
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NAMIBIA
however, separate the races, and there are de facto black and
"colored" townships in the territory. Some hospitals, such as
the state hospital in Windhoek, admit all patients but have
separate wings for different races.
Although the majority of the TG is in favor of opening the
schools to all races, schools remained segregated through
1987. Under AG-8, the 1980 decree that first divided Namibia
into 11 ethnic authorities, school administration is considered
part of "own affairs," which are controlled by the ethnic
authorities. The TG does not have the legal authority under
AG-8 to force the ethnic administered schools to desegregate.
The white second-tier authority has agreed to accept
applications by individual schools that want to desegregate,
but so far only one school has applied. In March the white
legislative assembly approved a bill to eliminate race or
color in themselves as factors in school admissions, but
replaced them with factors such as culture, language, and
religion, thus effectively perpetuating the segregated system.
Further movement on the issue of school desegregation depends
on the broader issue of the continuation of AG-8. As noted
earlier, the Windhoek Supreme Court has been asked to give a
nonbinding advisory opinion as to whether AG-8 violates the
TG ' s Bill of Fundamental Rights, which calls for an end to
discrimination on the basis of race or ethnicity.
The South West African National Party and the Rehoboth
Basters, two TG parties, continued their opposition to open
schools and a loosening of the various ethnic groups' control
over "own affairs." Moreover, the South African Government
has consistently expressed support for group rights and "own
affairs" in Namibia as well as in South Africa.
Women continued to be discriminated against in both the
traditional and modern sectors. Under traditional practice, a
woman is usually the ward of her father or, when married, her
husband. She is not independent. There is still some de
facto discrimination in employment in the modern sector.
There are female members of the National Assembly, but there
are no female cabinet members. Some community groups and
government bodies are targeting women in their development
programs .
CONDITIONS OF LABOR
There is no minimum wage in Namibia. The minimum working age
is 15. The current occupational health standards are not
enforced and were part of union demands for revision in 1987.
A labor commission appointed by the Administrator General to
review Namibia's outdated labor laws, including safety and
health standards, is expected to make public its
recommendations during the first half of 1988.
215
NIGER
Niger is governed by an authoritarian military regime with
power concentrated in the hands of its President, Colonel Ali
Saibou who succeeded the late General Seyni Kountche in
November. Saibou also heads the nation's highest body, the
Supreme Military Council. Kountche, who died of natural
causes, took power in 1974 in a military coup, toppling the
civilian regime of Hamani Diori . At that time the Constitution
was suspended, and the country has since been ruled by decree.
President Saibou was Chief of Staff of the Armed Forces from
1976 until assuming the Presidency.
The Nigerien Armed Forces, numbering about 2,600 members plus
800 gendarmes (paramilitary police), help ensure internal
security. Other security organizations are: the Direction de
la Securite de L'Etat (DSE), which reports directly to the
President; the Surete National (or National Police) which is
responsible for maintaining public order and countering
antigovernment activity; and a presidential protection unit.
Niger, one of the world's poorest countries, occupies a large
area in the arid Sahel region of West Africa. The economy is
based on subsistence farming, livestock, and some of the
world's largest uranium deposits. However, severe drought, a
3.1 percent population growth rate, and declining world demand
for uranium since the early 1980's, have seriously weakened
the economy.
Human rights are circumscribed. The freedoms of assembly,
speech, and political activity are restricted. Public dissent
is almost nonexistent, and private dissent rare for fear of
retribution. In 1987, however, a popular referendum approved
the National Charter. Individual liberties of opinion and
thought, expression, conscience, movement, residence, and
communication are provided for in principle in the Charter, as
are the "collective liberties" of assembly and political
meetings. The Charter is to serve as the basis for Niger's
future constitution, which supposedly will guide the country's
eventual return to civilian rule. The late President Kountche
stressed, nonetheless, in April that the military will
continue to play a major role in the political life of the
nation.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
No disappearances were reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Systematic torture of detainees and prisoners is not believed
to take place. While not officially sanctioned by the
Government, cruel treatment, usually in the form of beatings,
has been meted out by officials charged with the custody of
prisoners. Foreigners resident in Niger are frequently
harassed by the police and occasionally suffer physical abuse
80-779 0 -
216
NIGER
while in detention. It is believed that political prisoners
or detainees are rarely allowed visits from family members,
but some with severe medical problems have been allowed
treatment by specialists from Europe. In its 1987 Report,
Amnesty International (AI) expressed concern that detainees
continued to be held in harsh conditions, including in a
remote prison in eastern Niger.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
With the Constitution suspended since 1974, there are no
specific statutory protections against arbitrary arrest or
imprisonment. Warrants are not required for an arrest, and
there is no right to judicial review of the legality of
arrests or detentions. For criminal offenses, the law holds
that detainees must be charged within 48 hours, but delays
sometimes occur as the result of lack of trained legal
officials. In cases concerning political or security-related
matters, detainees can be held indefinitely without charge.
When the Government believes the national security to be at
risk, large numbers of citizens may be rounded up arbitrarily
for questioning, as with the roundup of Tuaregs in Niamey
after the attack on a police station in Tchin-Tabaraden in
1985. There are no known instances of dissidents or political
opponents being exiled by the Government, although some
dissidents have gone into exile voluntarily.
Forced labor is not practiced in Niger, but during the 1985
drought emergency, displaced herders, primarily ethnic Tuaregs
and Fulanis, were in some instances forcibly moved onto
government-sponsored, vegetable-growing projects.
e. Denial of Fair Public Trial
Niger's legal system is an amalgam of French, Islamic, and
traditional law. Civil and criminal cases not involving
security-related acts are tried publicly. Legal counsel is
provided by the State for indigent defendants accused of
felonies or other major offenses if they are under 18 years of
age, handicapped, or faced with the possibility of a sentence
of more than 10 years. While there are reliable accounts that
courts in some specific cases have been subject to political
influence or pressure in ordinary civil or criminal cases, the
judicial system is believed to be generally independent and
fair. Defendants may appeal verdicts first to an appellate
court and, if desired, to the nation's highest tribunal, the
State Court, composed of civilian magistrates, which serves as
a final court of appeals. The President has the right of
pardon in penal cases and has invoked this right on several
occasions in recent years. At the village level, matters such
as property disputes are frequently resolved by traditional
means without reference to the formal legal system.
The exact number of political prisoners in Niger is unknown,
although it is believed to be small. In November 1987,
President Saibou ordered the release or commutation of the
sentences of over 100 political prisoners, including 15
persons being held in connection with a 1976 coup attempt, and
16 of the 19 held in connection with the October 1983 coup
attempt. He also commuted to life imprisonment the death
sentences of 7 of the 11 Tuareg prisoners convicted for their
roles in the 1985 Tchin-Tabaraden attack and released from
house arrest 52 persons, including former President Hamani
Diori.
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NIGER
Political and security-related cases are tried in the State
Security Court, which operates outside the normal legal
framework. This body, established by presidential decree,
meets in secret, and while little is known about its
proceedings, it is believed that its members are military
officers. According to AI , the Tuaregs condemned to death in
1985 were tried before this court.
In June 1985, President Kountche announced the formation of a
special court to investigate civil service corruption. Stiff
penalties were established for these crimes, including the
death penalty for convictions of embezzlement of amounts over
$500,000. At the corruption trials held in 1986, however,
life imprisonment was the most severe penalty assessed.
Trials were also held in 1987 but were not widely publicized.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The police have the right to enter homes between 5 a.m. and 9
p.m. and will enter at other times if deemed necessary. Court
warrants are not required in such instances. Violations of
privacy such as interference with correspondence, telephone
tapping, and use of informer networks are known to take place.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are restricted. Institutions which might voice
dissent, such as an independent press or a freely elected
legislature, do not exist. The media are controlled by the
Government. While some criticism of government policy or
bureaucratic inefficiency is allowed, especially in the weekly
publication, Sunday Sahel, such criticism is expressed at the
behest of, or at least with the knowledge and permission of,
the Government. Debates on aspects of the economy or cultural
policy sometimes take place in the media, but the boundaries
of permissible discussion are well understood in advance by
all participants.
The primary functions of the media are to disseminate
government policies and viewpoints and to rally popular
support for government programs and leading figures such as
the President. Nigerien journalists are acutely av;are of
their status as government employees and of the guidelines
within which they must operate. Journalists who have strayed
from these guidelines have been demoted, fired, or otherwise
disciplined in the past, although no such incidents occurred
in 1987. While there are no legal constraints on academic
freedom, in practice university students and professors are
reluctant to speak openly about potentially controversial
domestic issues for fear of government reprisal. There have
been no reports of censored or banned magazines or other
publications, but the Government is under no legal constraints
should it discover material that it deems offensive. Foreign
films are subject to censorship by the Ministry of Interior on
grounds of public morality and political content.
b. Freedom of Peaceful Assembly and Association
Except for political parties, most forms of voluntary
association, such as trade unions, churches, and other
religious groups, function with the understanding that they
must act in accordance with government policy. Government
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NIGER
permission is required for public gatherings, although, in
practice, public meetings of such organizations are usually-
allowed.
Roughly 90 percent of Niger's work force is employed in some
aspect of agriculture or herding. In the small modern economy,
the trade union movement is weak, and controlled and partially
financed by the Government. All unions are organized under a
government-controlled umbrella group, the National Union of
Nigerien Workers (USTN) . The head of the USTN is elected by
its members. The USTN represents about 30 percent of the
approximately 60,000 salaried workers in Niger. Collective
bargaining is legally authorized and is conducted by
representatives from individual unions, employers, and the
Government. There is a general collective bargaining
agreement in force between the USTN, employers, and the
Government which covers wages and benefits. However,
individual unions are permitted to bargain for more favorable
agreements at their work sites. The USTN is poorly financed
partly because of government refusal to allow fund-raising
methods such as a dues checkoff system. Strikes in Niger are
rare, although legal if conciliation and mediation procedures
have been exhausted. The USTN maintains relations with
recognized international bodies, e.g., the International Labor
Organization and the Accra-based Organization of African Trade
Union Unity.
c. Freedom of Religion
Niger is over 90 percent Muslim, but the Government allows the
practice of other religious beliefs. Foreign missionaries are
permitted to live, work, and travel in Niger. There have been
no reports of religious discrimination. Out of respect for
religious minorities and on political grounds. President
Kountche vigorously resisted any suggestions for making Niger
an Islamic Republic. The new National Charter adopted in June
formally proclaims Niger a secular state. Religious groups
are allowed to maintain links with coreligionists in other
countries .
The Government, concerned by the Islamic fundamentalist
violence which erupts periodically in northern Nigeria,
monitors Muslim religious activity through the Islamic
Association. This Association is funded by the Government and
assists in an intormal government screening process of local
religious leaders. Islamic services that have gone beyond
strictly religious subjects have been shut down.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travel within Niger is closely monitored, although no special
travel documents are required for domestic travel. Police
checks, often entailing thorough searches, take place upon
entering or leaving any major town or city. These checks
reflect a governmental preoccupation with security and
smuggling, a concern over possible movements into the country
of foreign-based dissidents or criminal elements, and a policy
designed to discourage migration to urban areas. Nigeriens
wishing to travel abroad must obtain exit visas, which are
usually granted routinely. Married women must have the
permission of their husbands to travel abroad. The
repatriation of Nigerien nationals is unrestricted. Niger is
a party to the U.N. Convention and Protocol Relating to the
Status of Refugees and has been cooperative with respect to
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NIGER
the 14 refugees currently in Niger under the auspices of the
U.N. High Commissioner for Refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The capacity of the people to influence the Government is
extremely limited. Virtually all power is held by the
President, who derives his authority from the military. He
rules through the Supreme Military Council which is made up of
officers who helped stage the 1974 coup that toppled the last
civilian regime. The President rules by decree, makes all
government appointments, and controls the pace of political
change and economic development. The transition to the new
President had proceeded smoothly at the end of 1987 with
little obvious change in procedures or style of governance.
Government day-to-day operations are conducted largely by
civilian technocrats who implement decisions promulgated by
the Supreme Military Council and the President himself. While
all but five ministerial positions have passed from military
to civilian hands in recent years, all of Niger's seven
departments have military governors, who have autocratic
power within their departments. Moreover, there is a marked
military presence in the upper echelons of the National
Development Council.
In lieu of a party system, the Government since 1979 has been
organizing the National Development Council and subordinate
councils at the village, regional, and departmental levels,
which in theory will lead to greater popular participation in
economic decisionmaking. These councils consist of elected
and appointed members, although only at the village level are
members elected directly by the people. The national-level
Council consists of Nigeriens from all walks of life, who also
serve on special committees to consider various aspects of
economic development, cultural policy, and social issues.
One such committee was responsible for drafting the National
Charter which will serve as the framework for the future
constitution.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In recent years, inguiries from international human rights
organizations, such as AI's 1986 letter requesting, among
other things, information about seven detainees, have
apparently been ignored by the Government. (In its 1987
Report, AI noted, however, that one of the detainees mentioned
in its letter had been released.) There are no domestic
groups which monitor the human rights situation in Niger.
Niger is not active in regional and international human rights
organizations .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Four major ethnic groups, each with its own language, make up
the bulk of the population. The two primarily nomadic groups,
Tuaregs and Fulani (Peul), have less access to government
services, partly because their transient lifestyles make it
difficult for the Government to supply them with services and
partly because of historical animosities between the nomads
and the sedentary Djerma and Hausa ethnic groups which
dominate the Government.
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NIGER
The essentially traditional nature of Nigerien society helps
ensure that family and ethnic group ties remain strong and
supportive, but traditional practices and attitudes on
ethnicity, women, and education have some negative effects.
Males have considerable advantages in terms of education,
employment, and property rights. While women have the right
to vote, Niger is notable for its dearth of women in
senior-level government positions. In case of divorce,
custody of all children over 7 years of age is given to the
husband. Conscious of this situation, the Government has made
progress in improving the status of women by launching work on
a new family code, by providing better employment opportunities
to women, by giving them a significant role in the National
Development Council, and by supporting the National Women's
Association. In 1987 the Government continued to encourage
Nigeriens to practice family planning.
CONDITIONS OF LABOR
Under the Niger labor code, workers receive benefits for
on-the-job injury, leave for family emergencies, and health
benefits. Annual holidays and leave benefits are clearly
defined. Children between the ages of 12 and 18 may be
employed, but there are strict provisions concerning the hours
and types of employment for children in this age group. The
minimum wage (about $74 a month) applies to all sectors. In
practice, all labor provisions, especially those concerning
child labor, apply to urban areas and generally are enforced
mainly in the modern, wage sector. In the agricultural
sector, which employs most Nigeriens, children work on family
plots under conditions which are not in compliance with the
provisions of the labor code, and there is no attempt at
enforcement .
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President Ibrahim Babangida came to power in a military coup
in August 1985, overthrowing a previous military government
which had seized power from civilians in December 1983. A
30-member Armed Forces Ruling Council (AFRC) is the country's
main decisionmaking organ, while a mixed military/civilian
cabinet presides over the Federal Government's executive
departments. Military governors head each of the 21 states.
The 1979 Constitution remains partially in effect, but
significant provisions, namely, those guaranteeing free
elections, political parties, and the right to due process and
habeas corpus, are suspended. Due process and habeas corpus,
however, continue to be respected in most cases. Federal and
state legislation are promulgated by decrees, which are exempt
from challenge in the courts. The Government elaborated plans
in 1987 to return the country to civilian rule featuring a
two-party system, although in July it postponed the final date
from 1990 to 1992. As first steps, the Government in 1987
created a National Electoral Commission and a Constitutional
Review Committee, both composed of civilians, and conducted
nationwide elections in December for local governing councils.
The Government enforces its authority through the Federal
security apparatus--the military, the State Security Service
(SSS) , and the national police--and through the courts. No
separate law enforcement agencies exist at the state and local
levels. The Government generally exercises effective control
over the security apparatus, but deficiencies in organization
and management sometimes lead to human rights violations.
Nigeria, with an estimated 108 million people, is Africa's
most populous country. It has a mixed economy in which the
Government plays a major but declining role. In June 1986,
President Babangida announced an economic structural adjustment
program calling for increased reliance on market forces and
the private sector.
The Babangida Government continued to articulate a policy of
general respect for fundamental human rights. Important
exceptions related to the Government's efforts to restrain
political debate and participation prior to a return to
civilian rule and significant deficiencies in the judicial and
state security systems. Freedom of the press was undercut by
several notable cases in which government authorities moved
against publishers and journalists for printing articles
either at odds with government decisions or considered
inimical to national security. In the wake of serious
religious rioting between Christians and Muslims in March,
which left 19 dead, the Government instituted various bans on
religious advertising and campus-based religious organizing as
well as limitations on proselytizing. The Government
continued its practice of reviewing the cases of Nigerians
detained or convicted under decrees of the previous military
administration. The impact of these efforts was reduced by
the slow pace of judicial procedures, especially in the case
of the corruption and civil disturbances tribunals.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There was no evidence of politically motivated killing at
government or private instigation in 1987. The October 1986
letter-bomb killing of the editor-in-chief of an influential
weekly newsmagazine. Dele Giwa, remains unsolved, despite an
ongoing government investigation. The incident continues to
generate keen public interest and unsubstantiated allegations
of government involvement.
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
A portion of the 1979 Constitution that is still in effect
outlaws torture and mistreatment of prisoners. Nigerian law
provides that such excesses be dealt with in criminal or civil
proceedings. There were no reports or allegations of torture
in 1987. Public allegations of police brutality surfaced
periodically, primarily in connection with periods of
heightened religious or community tensions. Prominent
northerners alleged, following March rioting in northern
Kaduna state, that the police and military committed excesses
in their efforts to stem the violence and apprehend
perpetrators. Similar charges were made about the treatment
of detainees, some of them children. There has been no public
investigation of these allegations. Suspected criminals
allegedly killed by police in separate instances in different
states led to antipolice mob violence. In one of the
incidents, the state governor ordered a judicial probe, and in
both cases police suspected of the actions were arrested.
Prison conditions remain poor because of the lack of basic
necessities. In May, inmates at one prison rioted over food
supplies, resulting in the deaths of 24 prisoners. A special
tribunal appointed by the Government to look into the incident
began hearings in September.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Babangida Government has retained the authority to detain
without charge persons suspected of acts prejudicial to state
security or harmful to the economic well-being of the country
under Decree 2 of 1984, the State Security (Detention of
Persons) Decree. This Decree suspends sections of the 1979
Constitution guaranteeing citizens the right to fair trial,
due process, and judicial determination of the legality of
detention (habeas corpus). While it imposes no time limit and
disallows challenges of the detention in a court of law, the
Decree does provide for administrative review of detention
cases every 3 months. Several persons, including former
politicians returning from self-exile, were detained under
this Decree during 1987. One American citizen was detained
for 103 days without charge before his release on his own
recognizance on November 23.
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Some Nigerians have been detained in 1987 without being held
under the provisions of Decree 2 of 1984. Cumbersome
administrative procedures and bureaucratic inefficiency
sometimes result in persons suspected of criminal offenses
being held for extended periods without charge or trial even
though provisions of the 1979 Constitution still in force
guarantee persons charged with crimes a fair public trial in
civilian courts within 3 months from the date of arrest. The
Director of Prisons said in September that about two-thirds of
Nigeria's 54,000 inmates are awaiting trials. During routine
inspections of prisons in 1987, High Court chief judges
exercised their right to release detainees found to have spent
more time in prison than they would have if they had been
convicted for their alleged crimes.
An unknown number of persons are still in detention without
charge or trial following the arrests of about 700 persons in
connection with the March religious disturbances in northern
Nigeria. The Civil Disturbances (Special Tribunal) Decree of
1987, promulgated after the disturbances, provided for
investigation of the rioting and for the arrest and trial by
special tribunal of those suspected of committing specified
offenses. This decree makes northern Nigeria's criminal
procedure code the applicable law for the trials (including
provisions for bail, representation by lawyers, and appeal —
except in cases of armed robbery). However, administrative
confusion has resulted in continued detention without charge
or bail for many. The refusal of some of the accused to
accept government-appointed lawyers has delayed tribunal
proceedings. At the end of 1987, about three-fourths of the
89 cases initially slated for trial by the civil disturbances
special tribunal had been tried. In July a Kaduna state High
Court judge ordered the release of two of those arrested on
grounds that the government counsel was unable to produce
evidence to justify their arrest under the Civil Disturbances
(Special Tribunal) Decree of 1987. In August, 44 of those
slated for trial engaged in a 4-day hunger strike to protest
the pace of the trials, prison conditions, and being forced to
share cells with convicted criminals. The Federal Government
responded by transferring the convicts to other jails.
In 1987 the Government continued a process, begun in 1986, of
reviewing the cases of persons detained or convicted under
various decrees during the previous military administration
(1984-85), many of whom had already been released. In June a
detainees 's review panel ordered the release of 22 persons
following a review of all outstanding detentions. Some were
granted bail, others were either recommended for trial or had
cases pending in court. The panel is headed by the Attorney
General, who said the panel will continue to meet periodically.
In 1987 two state governments released over 650 suspected
members of the Maitatsine religious sect. They had been
detained without charge since uprisings in 1984 and 1985 in
Gongola and Bauchi states. The state governments had been
unable to prosecute them due to the unwillingness of witnesses
to testify against them in court. According to the Gongola
state Attorney General, the 50 most dangerous prisoners will
remain in detention indefinitely. About 100 of the detainees
reportedly died of hunger, disease, and malnutrition while in
prison custody.
Still in detention without charge since August 1985 are former
military Head of State (1984-85) Muhammadu Buhari and his
Chief of Staff Tunde Idiagbon. No Nigerian has been exiled.
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Self-exiled politicians are free to return home with the
caveat that those suspected of crimes are subject to
prosecution. Former Senate President Joe Wayas has been
detained without charge since returning to Nigeria in June
1987. A former Speaker of the House of Representatives who
returned in December 1986 is also in detention. A former
Minister of Commerce and Internal Affairs, detained without
charge since his return to Nigeria in 1986, was released in
May 1987.
The Government does not use forced labor as a means of
political coercion or as a sanction against free expression.
Nigeria's 1979 Constitution provides that "no person shall be
required to perform forced or compulsory labor." The latter
excludes community service programs such as the National Youth
Service Corps and environmental clean-up campaigns.
e. Denial of Fair Public Trial
The 1984 decree modifying the 1979 Constitution left the
judiciary relatively unscathed, but it shifted judicial
activity for certain specified offenses to special military
tribunals that were established outside the regular judicial
system, notably for corruption cases( see below). The regular
judiciary is composed of both Federal and state courts and
includes procedures for appeals from courts of first instance
to parallel appeal courts at state levels, then to the Federal
Court of Appeal and finally to the Federal Supreme Court.
Courts of first instance under the 1979 Constitution include
magistrate or district courts, customary or area courts,
religious or Shari'a courts, and for some specified cases, the
state high courts. In some instances the nature of the case
determines which court enjoys jurisdiction. In others, when
jurisdiction is overlapping as in the case of customary and
Shari'a courts, the plaintiff can designate the court.
Shari'a, or Islamic courts, are limited by the Constitution to
the 11 northern states of Nigeria.
Trials in the regular court system are public and adhere to
certain constitutionally guaranteed individual rights. These
include a presumption of innocence, the right to be present at
a public trial, to confront witnesses and present evidence,
and to be represented by legal counsel if so desired. In
capital cases, the Government provides counsel for indigent
defendants. In other cases, indigents must rely for counsel
on the Nigerian Legal Aid Society, which has limited resources,
Assistance is extended under the Legal Aid Act of 1976 to
persons with incomes of up to $400 per year. There is a
functioning bail system. In his Independence Day speech,
President Babangida announced that the Government would ensure
strict compliance with laws denying bail to those charged with
murder and armed robbery.
Through decrees promulgated by the previous military
government, but still in effect, the AFRC transferred
jurisdiction over cases involving corruption, currency
violations, armed robbery, and a variety of miscellaneous
offenses, such as drug trafficking and illegal oil bunkering,
from the civilian judicial system to special military
tribunals. In these cases, those charged have access to legal
assistance, bail (except in the case of armed robbery), and
the right to appeal (except in the case of armed robbery and
conviction under the Civil Disturbances Decree). Civilian
judges head all special tribunals even though military members
may be included. Currently six special tribunals including a
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NIGERIA
Special Appeal Tribunal are in operation. Convictions for
armed robbery by the Special Robbery and Firearms Tribunals
carry the death sentence and no right of appeal, although the
sentence must be confirmed in some states by state military
governors or the Minister of the Federal Capital Territory
before it is carried out. The Special Appeal Tribunal began
its first hearing in September, but no appeals were concluded
before the end of the year. Recommendations of the Appeal
Tribunal are subject to AFRC confirmation.
Amnesty International's 1987 Report (covering 1986) gave
prominent attention to the activities of the Special Robbery
and Firearms Tribunals, noting the large number of persons
sentenced to death and executed in 1986 and the need for an
appeal mechanism to a higher court. The judicial review
panels of 1986 recommended corruption trials for nearly 800
former public officials. However, the two corruption
tribunals created in September 1986 to try these suspects have
so far heard fewer than a dozen of the pending cases.
In September, five defense attorneys withdrew under protest
from the civil disturbances tribunal proceedings on the March
religious riots. The lawyers, who were jointly defending 67
people, claimed they were being denied regular access to their
clients and accused the judges of partiality. The Trial
Lawyers Association of Nigeria has offered free legal service
to the accused persons who have rejected government-appointed
counsel. The accused have no right of appeal, and the AFRC
must confirm all sentences.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Nigerian society is generally free of arbitrary interference
by the State in the private lives of its citizens. Provisions
of the 1979 Constitution still in force guarantee rights of
privacy in the home, correspondence, and oral electronic
communications. General surveillance of the population by the
State is not practiced. In April police reportedly searched
the homes of some members of the government-appointed Political
Bureau, during investigations into the unauthorized leak to the
press of the Bureau's report. No Bureau members were arrested
or detained. Forced entry into homes without a warrant rarely
occurs .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The modified 1979 Constitution provides for freedom of
expression and the press. Political, social, and economic
issues are openly discussed. However, officials frequently
caution journalists both publicly and privately on their
responsibility and the extent of press freedom. In addition,
in 1987 the Government took actions against a number of
publishers and journalists to limit news reporting that is
critical of government policies. Academic freedom is
generally respected.
The 1979 Constitution reserves to the Federal and state
governments the exclusive right to own and operate radio and
television stations. There are no restrictions on ownership
of print media, and Nigeria has a lively press. Among the
vast array of Nigerian daily newspapers are seven privately
owned national dailies with large circulations, one daily
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owned by the Federal Government, and another in which the
Federal Government owns a majority share. Some states operate
their own daily newspapers. In some states privately owned
dailies compete with state papers. Four weekly newsmagazines
vie for national readership.
On several occasions in 1987 Federal and state authorities
interrogated, jailed, or fired editors and reporters of
government-owned papers on grounds that they had published
articles inconsistent with official policy or otherwise
embarrassing to the Government. Triggering these actions were
items such as a two-page paid advertisement charging government
security forces with bias in handling the March religious
riots, an erroneously reported trip abroad by the President's
wife, and an editorial critical of the Federal Government's
removal of two leading directors of government-controlled
banks who objected to central bank policies.
In April President Babangida pledged not to revive Decree 4, a
curb on the press imposed by the previous military Government.
However, later in the year the President prohibited any
attempts by the media to give publicity to those banned from
elective office and to those advocating creation of new states
in Nigeria.
The 1979 Constitution includes a provision aimed at preventing
disclosure of confidential information harmful to national
security. Citing national security among its reasons, the
Government closed for 5 months a leading weekly newsmagazine,
Newswatch, and briefly detained three of its editors for
publishing excerpts of the then-classified Political Bureau
report on Nigeria's political future. The editors publicly
apologized and stated they had not intended to embarrass the
Government. They were not prosecuted.
During 1987 the Government made several other moves aimed at
curbing what it considers media irresponsibility with national
security implications. It impounded an issue of a privately
owned newsweekly for criticizing the firing of the bank
officials, continued to require official authorization prior
to press interviews of civil servants, limited the quantity of
religious broadcasting on television and radio (all government
owned) following religious rioting, and prohibited publication
of advertisements paid for by religious organizations. A
military tribunal hearing a corruption case against a former
politician acquitted the publisher, editor, and reporter of a
leftwing magazine of contempt for publishing an article
tribunal authorities had considered prejudicial to the
tribunal. In October Federal security authorities temporarily
prevented publication of a book about the life of a prominent
newsmagazine editor killed by a letter-bomb in 1986.
b. Freedom of Peaceful Assembly and Association
Although Nigeria's 1979 Constitution assures all citizens the
right to assemble freely and to associate with other persons
in political parties, trade unions, or other special interest
associations, in practice, there are important exceptions.
The provision regarding the right to form and join political
parties was suspended by Decree 9 of 1984. This Decree also
authorizes the Government to dissolve or ban any other group
considered to have objectives similar to those of a political
party. Police monitor gatherings suspected of violating the
ban. Government officials frequently reminded Nigerians
during 1987 of the continuing ban on political activity but
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did not dissolve any other organizations despite widespread
allegations that an organization formed by a group of northern
elders had objectives similar to those of a political party.
The Government announced in June that political activity and
the formation of political parties, limited to two, will
resume in 1989.
Nigerians form and participate in a myriad of special interest
organizations, including a wide range of religious groups,
trade groups, women's organizations, and professional
associations. Organizations are not required to register with
the Government. However, following the March religious
disturbances, the Government introduced a requirement that
religious groups be sanctioned by either the Christian
Association of Nigeria, in the case of Christian groups, or
the Supreme Council for Islamic Affairs, in the case of Muslim
groups. Permits are not normally required for public meetings
unless the venue is outdoors in a government facility and
police security would be appropriate. In most states open-air
religious services, outside a church or a mosque, are
prohibited.
The National Association of Nigerian Students (NANS) has been
banned since nationwide student demonstrations in May 1986.
However, in December 1986 the Government authorized individual
campuses to reinstitute student organizations. In May 1987,
police were deployed to forestall a news conference scheduled
by NANS to commemorate the previous year's demonstrations.
Earlier the Inspector-General of Police had broadcast a
reminder to students that the ban on NANS demonstrations and
meetings was still in force. The police also published new
guidelines for handling campus disturbances to avoid
fatalities such as occurred in 1986.
All Nigerian workers 16 years or older may join trade unions,
with the exception of members of the armed forces and
designated employees of essential government services at the
Federal, state, and local levels. Employers are obliged to
recognize trade unions and must pay a dues checkoff for
employees who are members of a registered trade union. The
establishment of closed shops is prohibited. About 10 percent
of the 3 million nonfarm work force claims union membership,
and the unions constitute a strong bargaining force for worker
rights. With the ban on political parties still in force,
unions have been cautious not to assume the role of a
political party, but labor leaders have spoken out both in
support and criticism of government labor policies. However,
in response to a labor-led campaign against the Government's
stated intention to eliminate or reduce petroleum subsidies,
about 30 officials of the Nigeria Labour Congress, including
its President, were detained without charges for 8 days in
mid-December. Although the Government threatened to charge
them with subversion, all were released unconditionally.
Despite provisions in the 1979 Constitution and Nigeria's
ratification of 28 International Labor Organization (ILO)
conventions, government decrees and policy continue to
restrict certain labor freedoms. A 1978 decree created a
single central labor body, the Nigeria Labour Congress (NLC),
forcibly merged a number of unions into 42 industrial unions,
and deregistered all other unions. The Government has not
responded to a 1982 ILO committee of experts finding that this
decree violates ILO Convention 87 on Freedom of Association
and Protection of the Right to Organize. The 1978 decree also
created senior staff associations to represent white-collar
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workers, which a 1986 decree explicitly excluded from NLC
membership, forcing two such associations to withdraw. Since
1975 government policy has permitted international labor
affiliation only with the ILO and the Organization of African
Trade Union Unity and its affiliated pan-African labor
federations. Government policy does permit, however, informal
"fraternal relations" with foreign unions and secretariats.
The labor laws of Nigeria permit collective bargaining between
management and trade unions. However, a series of restrictive
measures imposed by the Government have significantly reduced
the range of issues left for bargaining. In February 1987,
the National Economic Emergency Decree of 1985, which granted
the Federal Government broad authority over labor matters, was
extended for 2 more years. The Government transferred to
state governments the power to deduct special levies
involuntarily from the salaries of workers for financing state
development projects. The nationwide wage freeze, an
anti-inflation measure, was imposed in 1984 and lifted in
1987. Also, in 1987 the Government reestablished the
requirement, in the Minimum Wage Act, that the minimum wage
must be paid to employees in companies with 50 or more
employees. (It had amended the Act in 1986 to require the
minimum wage scale only in companies with more than 500
employees . )
Work stoppages and strikes are allowed by law (except in
essential services), but few occurred during 1987. In June
seven public service unions representing civil service
employees of Bendel state went on strike because the state
government was not meeting its financial obligations to its
employees and retirees. The NLC supported the striking civil
servants, and the Federal Government moved quickly to achieve
a settlement. In October some 40 petroleum workers seized
control of an offshore oil rig and locked their expatriate
supervisors in their quarters for 2 days because their
employer, a Nigerian company, had refused to turn over union
dues to union representatives. The dispute was defused
without government intervention when management agreed to
accept the demands of the workers. The 1976 Trade Disputes
Decree provides for mediation of such disputes by an
industrial arbitration panel and a national industrial court,
and forbids strikes and lockouts while disputes are under
mediation.
c. Freedom of Religion
Nigeria's 1979 Constitution prohibits the Federal and state
governments from adopting any religion as a state religion.
This is adhered to in practice. Constitutional provisions
guaranteeing freedom of religious belief, religious practice,
and religious education are generally respected. Allegations
persist of harassment of Christians by officials in
predominantly Muslim areas of northern Nigeria in the form of
bureaucratic obstacles to church construction that delay
projects, sometimes indefinitely. There are no restrictions
on numbers of clergy trained nor on contacts with
coreligionists in other countries. Religious travel,
including the hajj, is permitted and in some cases officially
supported. Missionaries and foreign clergy, though limited by
quotas, are permitted to work in Nigeria. Some states require
licenses for religious services outside churches and mosques.
Tensions between the Muslim and Christian communities of
Nigeria escalated in March 1987 to several days of violent
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rioting in the northern state of Kaduna . The Government
announced a death toll of 19, along with the destruction of
162 churches, 5 mosques, and 152 private homes. The Government
created a special civil disturbances tribunal to try persons
arrested by a joint police-military investigative panel. The
Government also announced a ban, still in effect, on all
religious organizations on postprimary campuses, while
reaffirming the right of individual students to practice their
religion in recognized places of worship. Several state
governments temporarily banned religious preaching and playing
of religious cassettes outside places of worship without the
written permission of police. Publication of advertisements
paid for by religious organizations remains banned, and
religious programming on radio and television remains limited
in some areas. The Minister of Internal Affairs announced
that no new religious organizations could be formed without
approval from one of two designated religious bodies, one
Muslim and one Christian. In July the Government launched an
advisory council on religious affairs, comprised of equal
numbers of Christian and Muslim leaders.
The 1982 ban on the Maitatsine religious sect remains in
effect. The group still exists but is closely monitored by
the police.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Nigeria's Constitution entitles citizens to move freely
throughout Nigeria and to reside where they wish. The same
provision prohibits expulsion from Nigeria or the denial of
entry to or exit from Nigeria to any citizen. In general,
these provisions have been observed. Nigerians travel abroad
in large numbers, and many thousands are studying abroad.
Exit visas are not required. Citizens who leave Nigeria have
the right to return. Citizenship cannot be revoked for any
reason, including political reasons, from persons who are
citizens by birth or registration. Fifty-seven naturalized
Nigerians, however, had their citizenship revoked in 1987 for
alleged irregularities in the naturalization process. No
known penalties have been levied on Nigerians who have
emigrated, settled abroad, or acquired another nationality.
However, Nigeria does not recognize dual nationality, and
naturalization in another country does not release Nigerians
from Nigerian laws.
Nigerians are free to change their place of work within
Nigeria, but local laws sometimes disadvantage citizens not
indigenous to the area. For example, access to limited places
in elementary and secondary schools is more difficult for
children of such citizens who must also pay higher school fees
than the children of citizens of the area. There has been no
forced resettlement of Nigerian citizens.
Nigerian law and practice permit temporary refuge and asylum
in Nigeria for political refugees from other countries.
Nigeria supports and cooperates with the Lagos office of the
United Nations High Commissioner for Refugees (UNHCR) .
Repatriation of refugees is normally conducted in accordance
with UNHCR standards. In 1987 several hundred Chadian
refugees were repatriated at their request as were an
undetermined number of persons allegedly refugees from Libya.
No refugees were expelled in 1987.
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Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The 30-member Armed Forces Ruling Council headed by President
Babangida is the highest political authority in Nigeria.
There is no elected legislative body, and political parties
are prohibited. In 1987 citizens did not have the right to
change their national or state governments through the
electoral process. However, democratic elections for local
government officials were held in December.
In July President Babangida announced 1992 as the date for
returning Nigeria to civilian rule. The Government based its
program for transition to civilian rule on the recommendations
of the civilian Political Bureau which conducted a nationwide,
year-long public debate on Nigeria's political future during
1986 and presented its findings to the AFRC in April 1987.
While many of the Bureau's recommendations were accepted, the
Government rejected or amended many other significant
provisions, especially on socioeconomic policy. An appointed
civilian Constitutional Review Commission is expected to
propose to the 1988 constituent assembly a draft constitution
closely resembling Nigeria's 1979 Constitution. The Government
has recommended incorporation of one major change which calls
for a two-party rather than a multiparty system. Six political
parties participated in the last elections in 1983.
As a first step in the transition process, free elections for
local government councils were held on a nonpartisan basis in
December, although malpractices and administrative problems
resulted in cancellation of elections in about 5 percent of
the nation's constituencies. Byelections are planned for
early 1988. All citizens 18 years and older were eligible to
vote. Dates have been set for additional elections in the
run-up to 1992, but many former politicians are banned from
contesting. A civilian National Electoral Commission was
appointed in August to administer the elections. Also, a
civilian Constitutional Review Committee (CRC) was appointed
to review the 1979 Constitution. The CRC solicited input from
the general public, as had the civilian Political Bureau, as
the basis for its recommendations to a constitutional
constituent assembly scheduled for 1988.
Thousands of former Nigerian Government officials, both
civilian and military, are prohibited from participating in
the transition process, although they remain eligible to
vote. In September 1987, the Government significantly
extended a ban announced in 1986 on partisan political
activity for a large number of former politicians from the
last civilian regime (1979-83) to include many political
figures from the first civilian republic (1960-66) and past
and present high-ranking military leaders. These persons,
including President Babangida himself, will be barred from
contesting any election until after the transition is
completed in 1992. Also, former politicians will be forbidden
to join any political party until that time. Furthermore, any
person convicted or removed from office for various misdeeds
at any time since 1960 will be banned for life from contesting
elections or holding any political party office.
Along with the announcement in July of the political
transition program, the Government promulgated Decree 19 of
1987, the Transition to Civil Rule (Political Programme)
Decree. This Decree makes persons who might in any way
forestall or prejudice the transition program liable to a
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NIGERIA
prison term of up to 5 years. This applies to persons who:
seek to undermine the realization of the transition program;
take part in forming a political body prior to the lifting of
Decree 9 (1984); or encourage others to join them in
misrepresenting or distorting the provisions of the transition
program. The special tribunal authorized to try offenses
under the Decree was formed in October. Its decisions may be
appealed to the Special Appeal Tribunal.
The composition of the AFRC and Cabinet reflects greater
ethnic and religious diversity than any government in the
recent past. There are currently no women on the AFRC or in
the Federal Cabinet, although some women serve as permanent
secretaries in cabinet departments and as commissioners in
state governments.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no investigations of alleged human rights
violations in Nigeria during 1987 by any international or
nongovernmental agency. In 1987 the Babangida Government
repeatedly renewed its pledge to uphold basic human rights and
tolerated criticism from local human rights advocates. It did
not interfere with local human rights organizations. The
Human Rights Committee of the Nigerian Bar Association (NBA)
monitors the domestic human rights situation and
characteristically speaks out against human rights abuses.
The NBA president, following announcement of the ban on former
politicians, publicly questioned the legality of the move. At
least two other groups also monitor human rights practices in
Nigeria: The Council of Human Rights, an independent
organization formed in late 1985, and Citizens for Human
Rights. The former president of the NBA and chairman of its
Human Rights Committee continues to hold the post of Attorney
General and Minister of Justice. Amnesty International
maintains an office in Lagos and has active chapters
throughout the country, both on university campuses and among
civil servants. Its annual human rights report is publicized
in the Nigerian press.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no official policy of systematic discrimination among
Nigeria's 250 ethnic groups, and laws do not overtly favor one
group over another. The Government generally makes a conscious
effort to strike a balance among different groups in its
decisionmaking and in appointments to key governmental
positions. However, Nigeria has a long history of tension
among the diverse ethnic groups, and tradition continues to
impose considerable pressure on individual government
officials to favor their own ethnic or religious group.
Allegations of religious and ethnic favoritism or harassment
persist .
State-of-origin hiring quotas are observed in most public
sector employment. Also, persons whose family is not
indigenous to their state of residence frequently experience
difficulty in job-seeking, school enrollment, and other areas.
Women have always had economic power and have exerted
influence in Nigerian society through women's councils or
through their family connections. As primary school
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enrollments increase, women are gaining greater access to
education. There has been a dramatic increase in the number
of women who have university degrees and who have become
professionals, including teachers, lawyers, doctors, judges,
senior government officials, media figures, and business
executives. Despite a degree of economic independence, women
suffer discrimination in employment and other areas,
experience social prejudice, and have virtually no
representatives in the political arena. The pattern of
discrimination against women varies according to the ethnic
and religious diversity of Nigeria's vast population. In some
states, husbands can prevent their wives from obtaining
employment or passports. In many states, a widow cannot
inherit her husband's property, which in the absence of
children usually reverts to the husband's family. Women do
not receive egual pay for equal work, and male professionals
receive fringe benefits not extended to their female
counterparts. Female circumcision, which has never become a
major public issue, is still practiced in many areas, as is
the selling of young girls for marriage by poor rural families.
CONDITIONS OF LABOR
Nigeria's 1974 Labor Decree prescribes a 40-hour workweek, 2
to 4 weeks of annual leave, and other conditions of
employment. The National Minimum Wage Act of 1981 set the
national minimum wage at 125 Naira, or about $150, per month
in 1981. With the minimum wage remaining constant, the
progressive devaluation of the local currency over the past
several years has resulted in a significant reduction in
workers' purchasing power. The 125 Naira are now equal to
about $27 per month, which is not sufficient to provide a
decent standard of living and requires persons to supplement
income through second jobs, extended-family assistance, etc.
Under the Government wage freeze guidelines which were revised
on December 31, 1987, annual increases are allowed at the 1984
rate, the traditional 13th month holiday gratuity payment to
employees is allowed, and improvements in fringe benefits in
the private sector must be approved by the Government.
The labor law prohibits employment of children under 15 in
commerce and industry, restricts other child labor to
home-based agricultural or domestic work, and allows the
apprenticeship of youths aged 13-15 only under specified
conditions. It contains general health and safety provisions,
some aimed specifically at young and female workers,
enforceable by the Ministry of Employment, Labour, and
Productivity. Employers must compensate injured workers and
dependent survivors of those fatally injured in industrial
accidents. The ineffectiveness of the Ministry in enforcing
these laws in the workplace is regularly criticized by labor
unions .
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Major General Juvenal Habyarimana has headed the Government
since his accession to power in a nonviolent coup in 1973. He
was confirmed as President in a national referendum in 1978.
He is also the founder of the single party, the National
Revolutionary Movement for Development (MRND) . Government
policy is set by the President in consultation with the party's
Central Committee and the Council of Ministers. Laws are
ratified by the National Development Council (the legislature),
which was established in 1982 but does not have any real
independence from the MRND. In December 1983, President
Habyarimana, the sole candidate, was reelected along with a
new slate of deputies. Although the legislative candidates
had to be approved by the party, the race was open to almost
all who chose to run.
The major organizations responsible for administration of
justice include the Ministry of Justice, which controls the
courts, the judicial police, and the prison system; and the
gendarmerie, a paramilitary force which receives specialized
police training. In addition, the Central Intelligence
Service in the Office of the President can make certain
decisions which may not be appealed, such as denial of
passports to Rwandan citizens or the extension of visas and
residence permits to foreigners.
Most Rwandans are poor rural farmers. There is little
industry, and imports are expensive because of high
transportation costs. Food production has managed to keep
pace with the high population growth rate. Rwanda's major
exports are coffee and tea, and the Government has a liberal
approach to trade and investment.
Although the Constitution provides for a number of fundamental
human rights, there are restrictions in practice on the right
to fair public trial, the right of citizens to change their
government, and freedom of speech, association, and religion.
The most significant human rights development in 1987 was the
July prisoner amnesty decreed by the President during the
country's observance of its 25th anniversary of independence.
The amnesty included the release of all women and minors
serving sentences of 20 years or less, and of all other
prisoners sentenced to 10 years or less; the commutation of
death sentences to life imprisonment; and the reduction of
life sentences to 20 years. However, none of the amnesty
measures applied to seven political prisoners convicted by the
Court of State Security of crimes against domestic security.
The amnesty also released the 295 members of certain religious
sects, convicted in 1986 of charges relating to observance of
their religion. The Government indicated that in the future
it intends to resolve such problems with religious groups
through discussion with those concerned.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings or
summary executions.
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b. Disappearance
There were no unexplained disappearances in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of torture in 1987. In the past. Amnesty
International (AI) has noted allegations of torture made in
court by political prisoners, involving forced confessions and
electrical shocks, but AI also noted the Minister of Justice's
efforts to punish security and police officials found to have
mistreated prisoners.
The President launched a prison reform program in 1984 aimed
at improving living conditions, providing vocational training
for prisoners, and establishing work programs under which
prisoners earn money to be credited to them upon release.
While these programs have met with success, prison conditions
remain generally poor, and guard training is inadequate.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Except for suspects caught in the act of committing crimes,
arrests are made with a warrant following investigation.
There were no known exceptions in 1987 to the legally mandated
warrant procedures. In most cases, charges must be stated
formally in the defendant's presence within 5 days of arrest.
Failure to meet this requirement is grounds for dismissal of
the charges.
Under broad preventive detention provisions, persons may be
held for 30 days if public safety is believed to be threatened,
if the accused might flee, or if the penalty carries a minimum
sentence of 6 months. At the end of that period, a judicial
review is mandatory, following which, detention can be
prolonged indefinitely for 30-day periods. These provisions
were rarely invoked during 1987. Detainees may appeal their
incarceration, and the appeal must be heard within 24 hours by
a competent judicial authority. Ministry of Justice personnel
conduct daily official visits to prisons to assure that proper
documentation exists for each detainee. These officials can
release detainees if arrest conditions do not conform to the
law.
AI reports that a former army captain has been detained for 14
months without trial. The Minister of Justice informed AI that
the officer is accused of subversion, but he gave no details
of the allegations. This was the only known detention for
political offenses in 1987.
Sentencing to exile does not exist. Forced labor is prohibited
in law and practice.
e. Denial of Fair Public Trial
The judiciary is statutorily independent and expected to apply
the penal code impartially, but the President appoints and
dismisses magistrates. Laws passed in 1982 strengthened the
independence of the judiciary by improving the process of
selecting judicial personnel and more closely defining their
functions. The administration of justice has been hampered by
poor management and a generally low level of education among
civil servants. The Ministry of Justice is conducting
training programs for officials and judges and plans to
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establish a magistrate training center. In 1987 over 650
magistrates participated in two seminars organized by the
Ministry, and another 30 magistrates took part in a more
intensive 9-month training program.
All defendants are constitutionally entitled to counsel, but
due to a shortage of lawyers many defendants are not
represented at trial. Family and other nonprofessional
counsel is permitted. Trials are public, and those which
arouse extensive public interest are often broadcast to the
street to permit persons who cannot be seated in the courtroom
to follow the proceedings.
Rwanda has three separate court systems for criminal/civil,
military, and state security cases. All but security cases
ultimately may be appealed to the Court of Appeals. Convicted
criminals must file an appeal within 3 months of the date of
judgment. In April 1987, the President criticized the practice
of some judges to delay and back-date the issuance of court
opinions, effectively eliminating the possibility of an appeal.
He ordered the implementation of administrative procedure to
stop such abuses. The State Security Court has jurisdiction
over national security charges such as treason.
The Minister of Justice stated in September 1986 that Rwanda
was holding 10 prisoners convicted of crimes against domestic
security. Three of these were released in 1987 after
completing their sentences, leaving seven political prisoners
at the end of 1987. This figure includes the former chief of
State Security, who along with four codefendants was convicted
of murder and sentenced to death in 1985. The appeals process
in their cases is still in progress, and it is uncertain
whether the death sentences will be carried out. AI in its
1986 Report noted its concern that he and other former
government officials were tried in secret, apparently without
counsel, and that the trials did not meet accepted
international standards.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Rwandans are subject to occasional interference in their
private lives. Police normally are required to have warrants
before entering a private residence but, using the pretext of
checking required documentation, authorities can gain entry
into homes without warrants. There is no evidence that the
Government monitors private correspondence, and the receipt of
foreign publications is permitted. Rwandans have the right to
own property.
All Rwandese are required to be members of the MRND and to pay
dues to it. Failure to participate in the MRND was one of the
charges made against the religious sects in 1986.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Statutory assurances of freedom of speech and press often are
not observed. Public criticism of the government ministers
and their dependents has increased this year, apparently
reflecting the President's series of unusally frank speeches
critical of public administration, but public criticism of the
military remains rare, and of the President nonexistent.
Candidates in the 1983 legislative elections were restricted
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to expressing opinions and advocating policies sanctioned by
party doctrine. Members of the National Development Council
do criticize government policies from the floor of the Council.
The Government produces radio broadcasts, a daily press
bulletin, and a weekly newspaper. Two Catholic church
publications sometimes print muted criticism of political and
economic conditions. Such criticism is tolerated and
occasionally even encouraged by the Government. There is no
record of any journalist having been arrested for what he has
written. The Government has cautioned the press, however, to
avoid what it regards as "harmful" criticism of leaders and
maintains that the press should devote its efforts to
"promoting development." Books and imported publications are
not censored, and academic freedom of inquiry and research is
respected at the university.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is limited. No public meetings or
demonstrations are permitted if there is any chance they will
result in expressions of overt opposition to government
policies. The Government permits private associations, but
requires that they be officially recognized nonprofit
organizations .
The Government is organizing a new labor union, the Central
Union of Rwandan Workers (CESTRAR) . The first training
session for CESTRAR delegates was held in August and delegates
urged the rapid implementation of the Union's organizational
structure. The Union will be integrated into the sole
political party, the MRND, although membership (open to all
salaried workers) will be optional. In theory, members will
have the right to strike, but only with the approval of the
Executive Bureau. Other workers' associations will no longer
have the right to exist independently, but will have to
affiliate with CESTRAR. Thus, the right to organize
"professional organizations," granted by the Rwandan labor
code, and to engage in collective bargaining with employers
must be exercised within the framework of the central union.
CESTRAR's provisional organizers contend that having a variety
of different labor organizations might threaten national unity.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution. The
population is 70 percent Christian and 1 percent Muslim, with
the remainder following traditional African or no religious
practices. Eighty percent of the Christians are Roman
Catholic, but there are active Protestant denominations. The
Roman Catholic Archbishop of Kigali, who had been a member of
the MRND Central Committee, resigned from the Committee in
January 1986, apparently to bring his status into accord with
Vatican doctrine. The Government depends upon church-
sponsored schools for a considerable portion of education in
Rwanda (over 85 percent of secondary schools are church
sponsored) .
The Government has in the past imprisoned members of
unrecognized religious sects, including the Jehovah's
Witnesses. In 1987, however, the Government's attitude toward
the several religious sects improved. The President amnestied
the 295 members of four sects--including 11 members aged 18 or
less--sentenced in 1986 (in many cases to 10-year terms) for
offenses related to the observance of their religion. The
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Government indicated that in the future it would pursue a
dialogue with such groups to resolve differences.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement and residence within Rwanda is restricted
by laws and regulations which require people to hold national
identity cards and residence and work permits. People who wish
to spend more than 3 days in a township other than their own
must obtain permission from the authorities of the area they
will be visiting. Police conduct periodic checks, especially
in urban areas, and return all those not registered in the
locality to their own township. Property owners who do not
require tenants to show valid documentation are subject to
fines and even imprisonment. "Clandestine" tenants are
subject to expulsion.
A major deterrent to foreign travel was eliminated in 1987,
when the Government abolished the requirement for posting
substantial deposits (as much as $600) with passport
applications. Applicants now need only to pay a small <$20)
nonrefundable fee. Foreign travel is controlled by means of a
security check of all passport applicants conducted by the
Central Intelligence Service, but unexplained refusals appear
less frequent than in the past. Properly documented Rwandans
may emigrate.
Official policy permits people who left Rwanda as refugees
during the revolution or for other reasons to be repatriated
on a case-by-case basis, but the Government discourages any
mass return on the grounds that the overpopulated land and
underdeveloped economy could not sustain the burden.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Rwandans have no opportunity to change their government through
a free choice of alternative candidates from opposing parties.
The MRND, the sole body permitted political activity, makes
all policy decisions and nominates all candidates for public
office. It in turn is dominated by its President, who also
holds the position of Secretary-General of the MRND. He
chooses the Central Committee and is the only constitutionally
recognized candidate for President. Every citizen is
automatically a party member and is required to pay party dues
representing 2 days' pay per year. Delegates are both elected
and appointed to the party's governing National Congress,
which meets every 2 years. The essential function of the
Congress is to endorse the programs presented by the party
leadership.
Only candidates approved by the party may run for the
legislature, the National Development Council. The President
also can veto candidates for the Council. Within the one-party
system, the voters can and sometimes do defeat incumbents in
elections .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Rwanda has made a concerted effort in recent years to
participate in human rights activities and to improve its
human rights record. There were no reports of requests for
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outside investigations of alleged human rights violations in
1987, although the Government, before the July amnesty,
received many letters protesting the incarceration of members
of unrecognized religious sects, particularly Jehovah's
Witnesses .
Representatives of the International Committee of the Red
Cross (ICRC) made a regular visit to prisons and spent 3 weeks
in Rwanda in the fall of 1987. A delegation from AT visited
Rwanda May 3-10, 1986, and received extensive cooperation from
the Government. The delegation visited a number of prisons,
interviewed prisoners, including political prisoners, and met
with the President, the Minister of Justice, and many other
officials. As a result of this visit, AI submitted to the
Government its observations and recommendations. In December
1986, the Government responded with comments, referring to
safeguards already introduced to prevent arbitrary detention
and the use of torture.
Rwanda is a signatory to the International Covenants on
Economic, Social and Cultural Rights and on Civil and
Political Rights and the African Charter of Human and Peoples'
Rights. Rwanda is also a member of the U.N. Human Rights
Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
In 1959 the majority Hutu ethnic group (89 percent of the
population according to the 1978 census) overthrew the monarchy
of the Tutsi ethnic group (10 percent of the population). In
1962 the Belgians granted internal autonomy and then
independence to a Hutu government which had overwhelmingly won
a U. N . -supervised election. This revolution against the Tutsi
marked the end of the traditional, feudal society in which the
Hutu had lived for centuries and the beginning of a more modern
society that places greater emphasis on individual rights.
During the next decade, Hutu efforts to redress the social,
economic, and educational discrimination they had suffered
under Tutsi rule, led to division and corruption among the
Hutus and to sporadic ethnic strife. This gave rise to the
coup d'etat which brought President Habyarimana, a Hutu, to
power .
The Constitution states that "all citizens are equal before
the law, without any discrimination, notably that of race,
color, origin, ethnicity, clan, sex, opinion, religion, or
social position." However, the requirement that ethnic origin
be listed on identity documents helps to ensure that informal
quotas corresponding to the Hutu/Tutsi ratio in society are
not exceeded. The Tutsi minority has in fact been relegated
to a minor role in government, civil service, and the military
but is better represented in private business.
Following the Government's steps to restrict the activities of
some religious groups, there have been indications of
discrimination based on religious affiliation. For example,
one high ranking government official reportedly was threatened
with arrest because of his membership in the Jehovah's
Witnesses sect, and three Witnesses were fired from the
Ministry of Transport and Communication for their religious
beliefs .
Women perform most of the agricultural labor and have
benefited less than men from social development. Despite the
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RWANDA
language in the Constitution, women's rights to property are
limited, and women are not treated equally in divorce
proceedings. Moreover, women have fewer chances for education,
employment, and promotion, often because society expects them
to remain in uneducated, traditional roles at home. Family
planning services still are inadequate but are improving.
There are few organizations promoting women's interests, and
efforts to establish a national women's organization within
the party have been unsuccessful to date. Women play a
marginal role in political life. Nevertheless, there are now
3 women in the party's 21-member Central Committee, and 9
women among the 70 legislative deputies. There are also a
number of women on councils at the local level. The Rwandan
family code currently is being revised.
CONDITIONS OF LABOR
In the wage sector, which comprises only 7 percent of the work
force, children under 18 are not permitted to work without
their parents' or guardian's authorization, and they may work
at night only under exceptional circumstances on a temporary
basis. The Minister responsible for labor affairs may grant
work permission to a child under 14. He also sets the minimum
wage and overtime rates. The current minimum wage is
approximately $1.50 per day. Hours of work and occupational
health and safety in the modern wage sector are controlled by
law and enforced by labor inspectors.
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SAO TOME & PRINCIPE*
Sao Tome and Principe has been a one-party state since gaining
independence from Portugal in July 1975. Effective political
power is concentrated in the Presidency and the party, the
Movement for the Liberation of Sao Tome and Principe (MLSTP) .
The country is composed of two small islands off the west
coast of Africa with a total population of just over 100,000.
At independence, Manuel Pinto da Costa, the leader of the
MLSTP, was chosen to be President by the party and the Popular
Assembly, constitutionally the supreme organ of state and
highest legislative body, in an uncontested election. The
party reconfirmed him for a third 5-year term in September
1985.
There are approximately 75 Cuban technical advisers, and the
small Sao Tomean army is reinforced by 500 troops from
Angola. Small opposition groups in exile in Portugal and
Gabon have thus far shown no evidence of being able to
influence events on the islands.
In the past the Government drew heavily on Marxist-Leninist
principles, but with a deteriorating economic situation state
control has been reduced and the private sector strengthened.
The steady decline in cocoa exports, which account for 90
percent of Sao Tome's exports, reflected both lower world
prices and serious management problems on the nationalized
plantations. Inadequate rainfall since 1983 has further
reduced the production of all crops, resulting in serious food
shortages and the need for food assistance from the United
States and other Western countries. President da Costa
reaffirmed in July 1987 the determination of his Government
to follow rigorous International Monetary Fund reform
prescriptions in an effort to reinvigorate the flagging
economy.
There was little known change in the overall human rights
situation in 1987. However, President da Costa announced in
July that local cooperatives and professional associations
could now nominate candidates for election to the Popular
Assembly. This move could modestly widen political
participation within the one-party system.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
No reports of such abuses were received in 1987.
*There is no American Embassy in Sao Tome. Information on the
human rights situation is therefore limited.
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SAO TOME & PRINCIPE
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Although in the past some Sao Tomeans have been arrested and
detained without trial for public criticism of the Government,
there were no reports of such abuses in 1987.
According to the Government, the several opposition politicians
living in exile, e.g., former Prime Minister Miguel Trovoada,
and former Minister of Health Carlos da Graca (see Section 3),
are free to return.
In March 1987, UNICEF's representative in Sao Tome was
arrested by Sao Tomaen security forces and charged with the
murder of his wife. Consular representatives of the arrested
official's country were denied access to him, and repeated
protests by high United Nations officials were ignored; other
U.N. officials who tried to visit the UNICEF official were
roughed up. The official was released in May 1987 after
high-level intervention by his Government.
There have been no reports of the use of forced labor.
e. Denial of Fair Public Trial
Justice is administered at the highest level by the Supreme
Tribunal, named by and responsible to the Popular Assembly.
Lower tribunals are appointed to try military cases.
The Constitution does not address the right to a public trial,
but there have been instances of public trials of persons
accused of common crimes in recent years. Criminal trials are
occasionally reported by the local media. In most cases,
however, common criminals are given a hearing and are
sentenced by a judge. To date, the only political prisoners
given trials were those accused of plotting a coup in 1977.
In those trials and in criminal trials since that time, the
accused were assigned counsel by the Government. There is no
tradition of independent defense counsel.
As of the end- of 1987, the Government claimed that it held no
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Because of Sao Tome's geographic isolation and its small
population, the Government does not have a highly intrusive
security system to detect opposition opinion. However, the
Government's loosely organized system of informers and its
monitoring of political activities ensure that potential
dissidents are identified.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The security services are alert and react quickly to public
expressions of opposition or dissatisfaction with the
Government. All Sao Tomean media are government organs. They
consist of one television station which broadcasts 2 days per
week; a radio station which carries music, government news
releases, and instructional programs; and a weekly two-to-four
page newspaper of government news releases. No public written
criticism of the Government seems to be tolerated, but oral
criticism at party-sponsored meetings exists. The only
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SAO TOME & PRINCIPE
foreign wire service items are occasional pieces from Soviet
and Angolan sources. Voice of America Portuguese language
programs reach Sao Tome and are listened to without
interference. Sao Tome Radio also uses VGA taped music
programs .
b. Freedom of Peaceful Assembly and Association
In the past, political assembly and activity were legal only
within the country's sole political party, the MLSTP.
Recently, however, President da Costa announced that Sao
Tomaens could form cooperative and professional associations
unaffiliated with the party, and that such organizations could
nominate candidates for election to the Popular Assembly.
Cultural and social organizations require government approval,
which is believed to be easily obtained.
The sole trade union, affiliated with the party, exists mainly
on paper. There is no explicit legislation forbidding strikes,
but it is doubtful that strikes would be permitted by the
Government. There is no information currently available on
whether collective bargaining is legally permitted.
c. Freedom of Religion
Religious freedom is guaranteed by the Constitution. The
three religious communit ies--Roman Catholic, Evangelical
Protestant, and Seventh-Day Adventist-are allowed to practice
freely. The Government provides some funding for a school and
a social services center managed by the Catholic Church.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The geographic isolation and poverty of the country severely
limit foreign travel and emigration. In addition, the
Government closely controls exit visas for the few people who
travel. Almost all trips outside the islands are for
governmental missions or medical evacuation. Domestic travel
is not controlled by the Government, and people move freely on
the islands of Sao Tome and Principe. The lack of reliable
and affordable air service severely limits interisland travel.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The present political system makes no provision for change of
government through the electoral process. Government policy
is determined by President da Costa, in consultation with his
key cabinet and security officials. The leadership uses the
MLSTP to consolidate its rule at the local level and to assist
in selecting candidates for the Popular Assembly.
Nevertheless, President da Costa has embarked on a political
opening intended to widen the political debate on the island
and encourage participation. He has called for the formation
of local cooperatives and professional associations--without
stipulating that the organizations be affiliated with the
party--and announced that such organizations will be permitted
to nominate candidates for election to the Popular Assembly.
Recent constitutional changes stipulate that the President and
Members of the Popular Assembly are to be elected through
universal suffrage and that voting will be done by secret
ballot.
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SAO TOME & PRINCIPE
There are small exile groups in Portugal and Gabon. In May
1986, former Minister of Health Carlos da Graca resigned the
chairmanship of the National Resistance Front of Sao Tome and
Principe (FRNSTP) based in Libreville, saying that the recent
economic liberalization by the Government and its opening to
moderate African states made his further leadership of the
FRNSTP unnecessary. Da Graca said he would remain in exile
until Angolan troops withdrew from the country.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights.
The extent to which the Government is aware of, or influenced
by, international human rights organizations is not known. On
May 23, 1986, Sao Tome and Principe ratified the African
Charter on Human and Peoples' Rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Sao Tome population is relatively homogeneous, and there
have been no reports of policy discrimination on a tribal,
regional, sex, or religious basis among Sao Tomean citizens.
As energetic outsiders. Cape Verdeans in Sao Tome do suffer
some informal discrimination.
Women have constitutional assurances of eguality, and several
are active in public life. The President of the Popular
(National) Assembly is a woman. There are at least two female
members of the Central Committee of the party. Cultural
factors, rather than legal restraints, limit the actual
participation of women in government.
CONDITIONS OF LABOR
Legislation requires that a minimum wage of approximately $55
per month be paid to workers. There were reports that workers
at several cocoa estates were not paid for several months or
did not receive the minimum wage for an extended period of
time. A legal minimum employment age of 18 years is apparently
observed in practice. Basic occupational health and safety
standards are contained in the Social Security Law of 1979.
It is not known to what extent they are enforced.
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SENEGAL
Senegal is a republic with a democratically elected president
and a unicameral legislature. After acceding automatically to
the presidency in January 1981, when former President Senghor
retired, Abdou Diouf was elected in his own right in the
regularly scheduled general elections of February 1983. A new
legislature was elected at the same time, with President
Diouf's Socialist Party (PS) winning 111 of the 120 seats.
Senegal has longstanding democratic traditions which predate
independence, and there is wide public interest in, and debate
on, political matters. While Senegal is a multiparty state
with 17 legal political parties, the Socialist Party has been
dominant and controlled the Government since independence from
France in 1960.
The Senegalese military (about 12,000 personnel) has a
well-earned reputation as an apolitical and professional
organization and is respected by the population. There are
also about 3,000 paramilitary gendarmes. Civilian security
forces are fairly well trained and generally respect the laws
they enforce.
Although the Government and the ruling party describe the
national economy as Socialist, recent economic reforms include
an effort by the Government to reduce its involvement in many
sectors of the economy. This includes plans to sell off all
or part of most state-owned enterprises and to encourage
private initiatives in agriculture and industry. However,
wages have been frozen for several years while prices for
agricultural products and consumer goods keep rising. As the
nation faces general elections in February 1988, there is
growing concern about the political impact of the economic
reform program.
Trends in observance of human rights remain generally
positive. The legal system is active and effective in
protecting human rights. Concerns remain about the impact of
the electoral laws on the fairness of the election process.
The Government continues to provide strong support to
Dakar-based and regional organizations which promote respect
for human rights in Africa and the Third World. In the
southernmost region of Casamance, a small, armed, ethnic-based
separatist group intermittently engages in various clandestine
activities and sporadically attacks military personnel. At
the end of 1987, three persons who were arrested in late 1986
for involvement in Casamance unrest awaited trial before the
Security Court. Over 140 others who had been detained were
released without charge.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There was no evidence of any killings at government instigation
or for political motives.
b. Disappearance
There were no reports of abduction of individuals by official,
quasi-official, opposition, or vigilante groups.
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SENEGAL
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Government officials in Senegal generally adhere to the
section of the criminal code prohibiting physical abuse.
There are, however, instances of the use of force by police
officials in the interrogation of suspected criminals. In
April seven policemen were found guilty of complicity in the
1983 death of a suspect from beating. When other policemen
went on strike to demand the Government release their
colleagues, the Government reacted firmly, emphasizing that
the courts were independent of the administration and were
correctly applying the law. Family members claim that a delay
in access to the detainee prevented him from receiving timely
medical care which might have saved his life.
In its 1987 Report, Amnesty International stated that, in
connection with the separatist riots in Casamance in 1982 and
1983, a number of those brought to trial were alleged to have
been tortured or ill-treated after arrest and that at least
seven prisoners died before the trial. However, no formal
inquiries into the allegations or inquests were undertaken by
the authorities, who assert that no complaints were received
from either friends or family of those allegedly tortured.
There have been no criminal or civil suits resulting from the
Casamance disorders.
Harsh prison conditions are partly alleviated by the access to
prisoners by clerics, friends, and families, who are expected
to provide food and amenities.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The constitutional prohibition against arbitrary arrest or
detention is respected in practice. Persons are not generally
detained, punished, or tried for the expression of views
critical of or different from the Government. There are,
however, laws prohibiting personal attacks against the Chief
of State or the institutions of the Republic. The major
opposition political leader was charged in March under these
provisions for comments he made in an interview in August
1985. He was immediately released on bond, and his case is
still pending. He has remained politically active in the
meantime.
The Senegalese legal system is patterned after the French
system. A person suspected of a crime may be legally held
without charge for 48 hours after arrest and may be held up to
72 hours if ordered by a public prosecutor. Temporary
custody, which replaced "preventive custody" in 1985, is
permitted when civil authorities determine that there is a
threat of civil disturbance or that an individual is a threat
to himself or others. Temporary custody is initially valid
for a maximum period of 6 months but may be renewed for
further 6 month periods if the investigating magistrate
certifies that additional time is required to complete the
investigation. These laws are generally respected by law
enforcement officials, and charges are formally and clearly
drawn. By law, every person has access to legal counsel
during every step of the legal process. In practice, persons
with means will have private legal counsel. The court
appoints public defenders for indigents charged with felonies.
Amnesty International stated in its 1987 Report that further
arrests took place in the Casamance region in November and'
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SENEGAL
December 1986. At the end of 1987, three persons were
awaiting trial for separatist activities conrimitted in 1986.
There is no forced or compulsory labor in Senegal.
e. Denial of Fair Public Trial
Senegal has an active and well-trained judiciary, which is
constitutionally independent of the executive, the
legislature, and the military. Court officials are lawyers
who have completed a number of years of required
apprenticeship. Trials are open to the public, and defendants
have the right to a defense attorney. Ordinary courts hold —
hearings which are presided over by a panel of judges and, in
the case of criminal charges, include a panel of citizens as a
form of jury. Magistrates are appointed by decree, and judges
are not subject to governmental supervision. However, there
are recurrent allegations that the courts are not immune to
government pressure, and that some judges have been removed
from cases when they proved too independent-minded.
There are four categories of special courts: the High Court
of Justice, the Security (or "political") Court, the Court for
the Repression of the Unlawful Accumulation of Wealth, and the
military courts. The High Court of Justice, which was created
for the sole purpose of trying high government officials for
treason or malfeasance, has never met. The Security Court,
which consists of a judge and two assessors, has jurisdiction
over cases involving politically motivated crimes, such as the
Casamance separatist cases. The "Illegal Enrichment" Court
has only judged three cases since it was created 6 years ago
and is not presently active. The military court system has
jurisdiction over offenses committed by members of the armed
forces during peacetime. In wartime, courts-martial may be
convened. Civilians may not be tried by military courts.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.
The Senegalese bureaucracy, patterned after the French system,
is highly centralized and requires of Senegalese citizens a
fairly extensive array of documentation for purposes of
education and obtaining social security and other benefits.
The intent, however, is not coercive, and there is otherwise
little government interference in the private lives of
citizens .
There is no evident pattern of monitoring the private written
or oral communications of Senegalese citizens. There are
constitutional safeguards against arbitrary invasion of the
home. Search warrants are required and may be issued only by
judges and in accordance with procedures established by law.
While there is no evidence that security forces systematically
violate the law in this regard, searches without warrants do
occasionally take place.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is protected constitutionally and
is generally respected in practice. Full academic freedom
exists. As noted above, however, there are laws which
restrict personal attacks on the presidency and governmental
institutions .
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SENEGAL
Publications are neither censored nor banned in Senegal.
Publishers are required to register with the Central Court
prior to starting publication, but such registrations are
routinely approved. Laws establish standards for journalists
and publishers. There are dozens of magazines and newspapers
which reflect a broad range of opinion from conservative to
Marxist. The country's most professional and informative
newspaper is controlled by, and supports, the majority
Socialist Party. Foreign publications circulate freely in
Senegal without censorship.
Notwithstanding the broad range of views available to the
public, it is clear that in the official media (including the
government-controlled radio and television) the activities of
the ruling party are always covered, while the opposition
parties are mentioned only occasionally at best. Even when
the opposition is mentioned, it is done selectively, e.g.,
communiques are not read in their entirety and certain
factions are excluded in favor of others less hostile to the
Government. Events which affect and interest Senegalese are
sometimes ignored completely, as was the case when rioting
broke out on the university campus in January, and students
went on strike for over a month.
There are also legal limits on access to, and use of, the
official media during election campaigns. The ruling party
and its allies are entitled to 50 percent of the time allotted
to political broadcasts, while the opposition parties divide
the remaining 50 percent. Since one party holds the
Government while some 15 oppose it, the opposition has
demanded more equitable access to the airwaves.
A recent law restricts the subject, timing, and publication of
opinion polls, especially during campaign periods, effectively
prohibiting them from covering political or electoral
questions. A national commission must review all movies prior
to public exhibition, and film.s which offend Senegalese
sensibilities, e.g., gratuitous violence, or which deal with
certain politically sensitive topics are prohibited.
b. Freedom of Peaceful Assembly and Association
Senegalese frequently exercise their constitutional right of
assembly, within certain restrictions aimed at protecting
public order. Prior authorization for public demonstrations
is required, and demonstrations or protest meetings against
government policies are closely monitored by security
services. Many opposition party activities are hindered or
delayed because rallies or meetings can be banned by a local
police official. On at least one occasion, a decision by a
cabinet minister in the capital was required to overrule the
ban. The opposition claims that these techniques are used to
limit their access to the people.
In April policemen walked off their jobs in Dakar and
demonstrated in the streets. Since by law the police are
prohibited from striking, the Government fired first the
Interior Minister and his senior advisors and subsequently the
entire police force. After a review of all their files,
policemen found responsible for the illegal strike, as well as
those involved in corruption or abuse of power, were not
rehired. A large demonstration by labor union members outside
the National Assembly in July to manifest their concern over
revisions to the labor code under consideration by the
Assembly took place peacefully without arrests.
Rn_77n n _ RR _ Q
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SENEGAL
Workers have the right to organize and bargain collectively
and to strike if negotiations are unsuccessful. Less than 25
percent of the labor force is unionized. Economic and
work-related issues are the principal concerns of Senegalese
workers. In the past, the Government has cracked down on
wildcat strike actions, such as in the case of the transport
workers in 1985. The President amnestied in 1986 Moustapha
Toure, a leader of the transport workers, and nine others
sentenced to prison terms after that action.
The major trade union confederation, the National
Confederation of Senegalese Workers (CNTS) , is affiliated with
the ruling Socialist Party. There are also several small,
sometimes radical, independent trade unions representing some
workers in sectors important to the economy. The independent
unions are not afforded the same access to workers or the
media as CNTS and are sometimes excluded from activities such
as the traditional workers' May Day parade. The CNTS is
entitled by the Socialist Party to a ministerial post, but the
Secretary General of the CNTS has declined to accept the post,
stating that he wishes to avoid divided loyalty between the
workers and the party.
In July 1987, the Government, in an attempt to comply with
World Bank requirements aimed at making Senegal more
attractive to investors, introduced new labor legislation
designed to allow employers to hire workers for an unlimited
number of yearly contracts. The law required that an
employer, after signing two limited-term contracts with an
employee, must hire the employee full time and give the
employee full benefits and an unlimited duration contract.
The CNTS demonstrated and lobbied successfully for an
amendment to the government-sponsored bill which, in a final
review, made the new legislation almost exactly the same as
the former legislation. The CNTS officially is nonaligned
with any international labor body but is affiliated with the
Organization of African Trade Union Unity.
c. Freedom of Religion.
Senegal is constitutionally a secular state, and freedom of
religion is a legal right which exists in practice. Islam is
the religion of over 85 percent of the population. Other
religions, primarily Catholicism, are freely exercised.
Missionary activity is permitted, and foreign Protestant
missionaries are active in several regions of the country.
Conversion is permitted, and there is no discrimination
against minority religions. Adherence to a particular
religion confers neither advantage nor disadvantage in civil,
political, economic, military, or other sectors.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution states that all citizens have the right to
move and establish themselves freely anywhere in Senegal, a
right respected in practice. Since 1981 exit visas are not
required for travel outside the country. There is no
restriction on emigration, and repatriates are not officially
disadvantaged on return to Senegal.
Senegal is host to 5,140 recognized and assisted refugees.
Prior to the April 3, 1984 coup in Guinea, there were an
estimated 500,000 Guineans in Senegal, most of whom were not
officially recognized as refugees. Most of them have since
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SENEGAL
returned to Guinea. There is a regional office of the United
Nations High Commissioner for Refugees in Dakar. Senegal
continues to make places available for refugee students from
other countries at the University of Dakar and other
educational institutions.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Senegal is a functioning democracy with universal suffrage for
all citizens over 21. Political life throughout the
postindependence period has been dominated by the Socialist
Party. There are currently 17 legally registered parties
ranging in ideology from conservative to Trotskyite. Parties
may not be based on divisive factors such as language,
religion, or ethnic group. Presidential and legislative
elections were last held in February 1983, with rural and
municipal elections in November 1984. The next general
elections are scheduled for February 1988.
In the general elections of 1983, the PS won the presidency
and 111 of the 120 legislative seats under a combination of
direct constituency elections and proportional representation
which was developed to assure at least some opposition
presence. Opposition parties at that time charged that recent
changes in the electoral code had favored the ruling party by
removing the requirements for voter identification, a secret
ballot, and opposition representation when votes were
counted. Because of these objections, the leading opposition
party, which won eight seats in the legislature, decided to
boycott the municipal and rural elections the following year.
In preparation for the February elections, several of the
opposition parties are attempting to pressure the Government
to modify the electoral code by threatening to boycott again.
The Government has shown no sign of flexibility on this
subject, and it appears the opposition will campaign even if
no changes are made.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Senegal maintains a dialogue with organizations such as
Amnesty International (AI), which has an active chapter in
Dakar, and has permitted numerous AI missions to investigate
reports of human rights abuses in Senegal. Senegal is a
leader among African countries in the establishment and
promotion of international standards for human rights
practices. Senegal was the original sponsor of the African
Charter of Human and Peoples' Rights of the Organization of
African Unity (OAU) . In June 1987, Senegal organized a
colloquium to discuss the role and function of the African
Human Rights Commission to be set up under that Charter, and a
member of Senegal's Supreme Court was among the 11 African
jurists chosen by the OAU's annual summit meeting, in July, to
be on that Commission. Senegal is also an active member of
the U.N. Human Rights Commission. A Senegalese was recently
elected Vice President of the International Court of Justice
in The Hague. Dakar is the headquarters of several
institutions which foster the spread of human rights and
democratic pluralism in Africa.
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SENEGAL
Section 5 Discrimination Based on Sex, Race, Religion,
Language, or Social Status
While in general there is no official discrimination in
Senegal based on race, religion, or language, the country is
predominantly Muslim, and Islamic customs including polygamy
and the rules of inheritance generally prevail, especially in
the rural areas. Women are active participants in the
political process, and several parties, including the dominant
Socialist Party, have sections promoting women's rights.
Twelve women are deputies in the National Assembly, and there
are 3 women in President Diouf's Cabinet. In addition, a
number of government ministries employ women in key positions,
e.g., the Political Director of the Ministry of Foreign
Affairs. In other ministries key agronomists, statisticians,
and economists are women. Women may not serve in the armed
forces. As a result, the new requirement that all police
recruits have prior military service has the side effect of
barring women from service in the police force.
A subtle form of discrimination based on social status does
exist, although it has been officially outlawed for several
years. It concerns those families "of caste," who were
traditionally occupied with menial or dirty jobs in the
community--tanners , blacksmiths (and by extension, gold and
silversmiths), wood carvers, some fishermen, etc. Although it
is against the law to even mention the caste of a Senegalese,
in fact virtually all citizens of the country know where each
person fits in the social hierarchy. Articles in the press
have described frictions which result from this social
stratification. For example, a family may refuse to permit
the marriage of a daughter to a young man of caste because it
would lower her status.
CONDITIONS OF LABOR
The National Confederation of Senegalese Workers (CNTS)
has been a major force in establishing, through collective
bargaining over the years, regulations and guidelines for
minimum employment age (16), occupational safety and health
standards, minimum wage, and limits on work hours. In a
majority of the larger companies and enterprises which can be
easily monitored, the standards are closely followed. The
minimum wage is approximately $0.66 per hour for a minimum of
3 hours' work. Yet the informal work sector, faced with a
worsening economic situation, has ignored many of these
regulations. It is extremely difficult to monitor, let alone
enforce, the minimum age requirement, working hour limits, and
work place conditions within the informal work sector, and no
effort is made in the large agricultural sector.
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SEYCHELLES
The Government of Seychelles, led by President France Albert
Rene, took power in June 1977 in a military coup d'etat and
forced into exile a number of former leaders, including
ex-Prime Minister James Mancham. In 1979 a new Constitution
was promulgated which formally abolished all political
opposition to the ruling Socialist party, the Seychelles
People's Progressive Front (SPPF) . This Constitution provides
for a strong presidential executive, who appoints ministers
and a People's Assembly of 23 elected members and several
appointed members. The 1987 elections in the Assembly were
competitive (more than one candidate vied for some seats), but
all candidates were members of the SPPF.
The Seychelles has a defense force of about 800 army
personnel, a 300-man presidential protection unit, a 100-man
navy, and a 15-man air force, as well as a uniformed police
force of 500 and a people's militia of about 2,000. Together
these units comprise over 4.3 percent of the total population.
Tanzanian troops, now no longer on the islands, helped put
down a mutiny in the armed forces in 1982. The defense force
repulsed a November 1981 attack by mercenaries financed by
Seychellois in exile.
The Seychelles economy relies predominantly on tourism for
foreign exchange. The tourism industry, which fell
dramatically in the early 1980's, has since revived.
Approximately 73,000 tourists visited Seychelles during 1987,
an increase of 4.3 percent over 1986. Seychelles has actively
sought to diversify the economy by granting fishing licenses
to French, Soviet, Spanish, Korean, and Japanese trawlers and
by expanding the fishing port in Victoria with foreign donor
assistance .
The human rights situation was little changed during 1987.
The Constitution does not provide for fundamental human
rights, but rather includes them in a preamble as the goal of
the people of Seychelles. In 1987 the President continued to
use the Public Security Act, which allows for indefinite
detention in security cases, thus reaffirming his determination
to put down opposition elements. The Government also continued
to use exile as a means of suppressing dissent and accelerated
a program of acquiring real property belonging to Seychellois
residing overseas and known to be opposed to the Government.
There were no reported instances of torture in 1987 and fewer
political arrests and detentions than in 1986. The President
reaffirmed his commitment to freedom of religion,
noninterference in church affairs, and the right of religious
groups to speak out, including through their influential media
outlets .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no confirmed instances of killing for political
motives. Members of the overseas opposition allege, however,
that Gerard Hoareau, leader of the London-based Seychelles
National Movement, who was killed in November 1985, was
assassinated by government agents and that Marjorie Baker, a
Seychellois radio broadcaster stabbed to death in September
1986, was killed to prevent her from revealing a story of
political intrigue.
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SEYCHELLES
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution explicitly forbids torture. While reports of
torture are infrequent, there were two instances in 1986 which
were substantiated by credible evidence. Two prisoners, who
had been detained for political reasons, were severely beaten;
one had been burned with cigarettes and had his beard and hair
set on fire, while the other had been tortured with a bayonet.
Generally, prisoners are well fed and supervised by
professional prison wardens. Prisoners are normally
incarcerated on isolated islands, although family visits are
routinely arranged.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
During 1987 several persons were arrested and detained on
presidential order under the Preservation of Public Security
Act, which allows for indefinite detention without trial in
security cases. There is a Review Tribunal which is supposed
to monitor prisoner treatment, but the Tribunal has not been
convened since the late 1970's. The Public Security Act was
introduced in December 1981, following an attack by
mercenaries, and has been used on several occasions in recent
years under questionable circumstances, thereby tarnishing the
Government's reputation. For example, six persons were
arrested in June 1986 under this Act, including Phillippe
Boulle, the leading human rights activist in the country. The
six were subsequently released in October 1986 without any
formal charges being brought against them. In addition to
those detained under the Act, police sometimes detain persons
for 24 hours for "questioning" regarding alleged antigovernment
activities. In particular, persons who seek to mobilize public
opinion against the Government run a serious risk of being held
for "questioning."
The 1987 detentions under the Public Safety Act typically
lasted only a few days. At the end of 1987, there were no
known political detainees or prisoners, the last detainee
under the Act having been released in September.
The Government has taken various other actions against
potential opponents. Some government workers have been fired
without recourse to appeal or review. Other persons have
suffered social and economic harassment and received direct or
anonymous threats which they interpreted as signals to leave
the country. Frequently, the Government has directly urged
opponents to emigrate, an option that many have chosen over
the years (see l.f. below).
There is a prohibition against the use of forced or compulsory
labor, and such practices have not been employed. There is,
however, the National Youth Service for all persons age 14 to
16, which has elements of military training and discipline, as
well as academic study.
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SEYCHELLES
e. Denial of Fair Public Trial
Defendants in nonpolitical (both civil and criminal) cases
have access to counsel and have enjoyed speedy and fair
trials. The right to trial is patterned in large measure on
English common law, although there is also a heavy influence
of Napoleonic code law. Judges are provided under arrangements
with the British Commonwealth and, except for security cases,
have exhibited considerable independence from both the
executive and legislative branches. The Chief Justice, who is
appointed by the President, has stressed on several occasions
that it is the judiciary's responsibility to impose sentences
as required by law and that it should reflect the will of the
legislature.
The President exercises quasi- judicial powers. He has not
only appointment authority but also has broad detention
authority where public security is involved. Seychelles' law
requires that a member of the armed forces be tried by court
martial unless the President decrees otherwise. Theoretically,
the Constitution precludes the President from dismissing
judges. However, the President dismissed the previous Chief
Justice, an action which has so far not been subjected to
legal review.
Amnesty International adopted Royce Dias, a known opponent of
the Government, as a "prisoner of conscience," reflecting
suspicions that the criminal charges against him appeared to
have been fabricated for political reasons. Dias' 7-year
sentence for possession of drugs was later reduced by the
appeals court to 5 years. He remained incarcerated in 1987.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The authorities have broad powers of search and seizure
without a warrant. The Seychelles Marketing Board Act, passed
in 1984, allowed police to enter any premises, private or
public, and to seize any documents which they believe may be
in violation of the Act. However, in August 1987 the
Government repealed a 15-month-old law which had required all
locally grown produce to be sold through the Marketing Board,
thereby eliminating the justification for searches relating to
illegal sale of produce. Legislation exists which allows the
Government to open mail, domestic as well as international,
and it is widely believed that the Government does so. Many
persons complain that applications for immigration to other
countries mailed from overseas are confiscated. There was at
least one confirmed instance of a person who openly complained
about the lack of civil liberties in Seychelles having his
home ransacked.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although theoretically protected under the 1979 Constitution,
freedom of speech is exercised sparingly. The Government
controls the major newspaper in the country, as well" as all
radio and television broadcasting. Legislation provides up to
3 years' imprisonment for anyone "who with intent to bring the
President into hatred, ridicule, or contempt, publishes any
defamatory or insulting matter whether in writing, print, or by
word of mouth, or in any other manner." This same legislation
authorizes a 2-year sentence for anyone who "prints, supplies.
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SEYCHELLES
distributes, reproduces, or has in his possession or control"
any publication banned by the Government for security
reasons. The Government has sought to prevent the importation
of pamphlets printed by its opposition abroad. There were no
known arrests for distribution or importation of "seditious
literature" in 1987.
The President has promised not to interfere with the right of
religious groups to speak out freely. The Catholic Church
publishes a lively paper. Echo Des Isles, which is not subject
to government control or censorship. This paper continues to
publish some articles which obliquely criticize the Government.
The two largest religious denominations in the country, the
Roman Catholic and Anglican Churches, are each provided 2
hours of free, uncensored broadcasting a month. Both Churches
have taken advantage of the monthly broadcast to comment on
social and political issues. Seychelles has for the past 17
years granted a license for a Protestant radio station (FEBA)
to broadcast religious programs throughout Asia and Africa.
FEBA is planning to expand its facilities in Seychelles. The
BBC has commenced building a relay facility on the main island
of Mahe. Foreign broadcasts are widely listened to and are
uncensored. Foreign publications have been imported and sold
without hindrance.
b. Freedom of Peaceful Assembly and Association
The Government has been quick to move against unauthorized
demonstrations and has made arrests under an old British
colonial law which prohibits unlawful assembly without a
government permit. All associations, clubs, and other
organizations require government permission to organize, which
is usually granted for nonpolitical groups.
There is one legal union, the National Workers' Union (NWU) ,
which is under direct control of the ruling party and is
government subsidized. It does not function as a free trade
union, although it serves in an advisory role for workers and
seeks better working conditions for its members. The NWU lost
a seat on the International Labor Organization governing board
in 1981 because of its failure to attend a meeting in Geneva.
Changes at the 1985 party conference further restricted the
election of labor union officials who, in the future, will be
appointed by the Government. A new labor law, enacted in 1985
and effective beginning in 1986, set out guidelines for
employee/employer relations. There have been no strikes in
Seychelles since 1977. There is no collective bargaining.
Most workers are government employees, whose wages are set by
governmental guidelines through parastatal companies. The
guidelines set upper limits on wages and preclude wage
incentives. Nonetheless, industrial relations are harmonious.
c. Freedom of Religion
There has been no official religious persecution in the
Seychelles, and church services are widely attended. The
Roman Catholic and Anglican churches have flourished, and
Muslims and Hindus are unrestricted in their religious
practices. There is a clear separation between church and
state. Religious instruction in schools has been limited.
The Government has addressed religious institutions'
complaints that artificial impediments have made it difficult,
if not impossible, for children (ages 14-17) in the National
Youth Service (NYS) to attend church by allowing services to
be held at the NYS camps. As recently as 1984, the President
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SEYCHELLES
publicly reiterated his support for religion and said there
would be no government interference in the right of people to
worship as they choose.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on internal travel. Passports may
be acquired by virtually any citizen, although Seychellois
traveling abroad for study at government expense are required
to sign a bond which enables the Government to recoup the cost
of their education should they fail to return. Such persons
who are "bonded" must have government permission to travel
abroad following their return. There are no known cases in
which passports are currently being withheld. There are no
restrictions on voluntary repatriation for those willing to
accept the present one-party political system.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Since 1979 there has been only one legal political party, the
Seychelles People's Progressive Front (SPPF) . All political
(and much social) activity is channeled through this
institution. Citizens cannot change the one-party system, and
therefore cannot change the party in power. President Rene,
both as President of the country as well as the Secretary
General of the party, wields much power and influence. During
the SPPF Congress held December 10-12, 1987, the President
once more was unopposed and was elected unanimously to a
fourth 3-yeaf term as Secretary General of the party.
Opponents of the party can neither organize nor express public
opposition. The party has 23 regional offices called
"branches" which are responsible for organizing and supervising
discussion about current government policies. These branches
are encouraged to report public opinion in their regions.
Such discussions do not often result in policy changes.
The Government has used various means to stifle political
opposition. In June 1983, the Government embarked on a
campaign to nationalize private land, ostensibly to claim
unused agricultural land. On March 13, 1987, the Government
implemented a vigorous program of acquiring many parcels of
Seychelles real estate owned by Seychellois abroad known to
oppose the Government. The acquisitions are made under the
Land Acquisition Act of 1977. Although the Government has
stated that compensation will be paid, relatively few persons
have been compensated, and it is anticipated that any
compensation will generally be in the form of long-term
government bonds at very low interest rates. Negotiations
with previous owners were continuing at the end of 1987.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Requests for information are sent to the Chief Justice of the
Supreme Court, who acts as an interlocutor between human
rights groups, such as Amnesty International, and the
Seychelles Government. There have been complaints that
correspondence relating to the Amnesty International case of
Royce Dias has been interfered with, but to date it has not
been possible to confirm the validity of those complaints. In
other cases, however, inquiries have led to the release of
some detainees.
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SEYCHELLES
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no discrimination in housing, employment, education,
or other social services based on sex or on racial, ethnic,
national, or religious identification. Women enjoy high
status in this essentially matriarchal society. They have the
same legal, political, economic, and social rights as men.
One woman was recently elevated to the rank of minister. Two
women are serving as Central Committee members of the party.
Many senior officials, up to and including the rank of state
secretary, are women.
CONDITIONS OF LABOR
The Seychelles, located in the Indian Ocean about 1,000 miles
east of Kenya, has a population of only 65,000 and a land
surface of 171 sguare miles. The Government dominates the
labor scene in the small economy. Labor laws were
consolidated in the Employment Act of 1985, which went into
force in 1986 and provides for a minimum working age of 14 and
a minimum wage of $165 per month. According to officials of
the National Workers Union, occupational safety and health
conditions are one element monitored by the union's inspection
program. Labor laws are enforced. The Government has used
these laws to keep people on the job, thus holding down an
already high unemployment rate. There are no child labor laws
beyond the setting of the minimum age noted above. The
minimum wage, high by African standards, is not adequate in a
severely overpriced economy.
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Sierra Leone has a one-party system of government with the
President exercising predominant executive authority. The
1978 Constitution, approved in a national referendum,
established the All People's Congress (APC) as the country's
sole legal political party. Major General Joseph Saidu Momoh
assumed power on November 28, 1985, following a national
referendum confirming his designation by the APC for the
Presidency.
The government security structure, which includes the police,
the military forces, and the Special Security Division,
generally does not interfere with the rights of individuals.
In October, however, a number of soldiers attacked workers at
a power generating plant, allegedly because they believed the
workers were deliberately denying electricity to the military.
Senior military officials apologized for the incident and
promised an investigation and punishment for those involved.
Sierra Leone is considered by the United Nations to be among
the world's least developed countries. About 70 percent of
its 3.9 million population is engaged in agriculture, mainly
at the subsistence level. Mineral exports, notably diamonds,
are the principal foreign exchange earner. The Constitution
recognizes the right of the individual to own private property.
Most of the modern sector of the economy is privately owned,
but there is government ownership in certain key sectors,
particularly transportation and mining. Economic austerity
measures initiated in July 1986 were abandoned early in 1987,
and economic conditions, notably in diamond production and
prices, have continued to deteriorate. In November the
President declared a state of economic emergency and proposed
a series of sweeping measures, e.g., measures to prevent
hoarding and smuggling of precious minerals and to punish
severely those involved in government corruption.
In 1987 the major event influencing the human rights climate
was the President's economic emergency program. Reportedly,
the Government has moved slowly in introducing this program in
order to protect constitutional rights, but the emergency
gives the Government broad new powers in a number of sensitive
areas, e.g., in detaining and controlling the movements of
people, and limiting press reporting. The Government created
a special commission to investigate the high number of prisoner
deaths due to malnutrition and disease. In March an alleged
coup plot against the Momoh Government was uncovered. The
Government charged that a former senior police official
conspired with the then First Vice President and a prominent
businessman to assassinate the President. Eighteen persons
were tried and found guilty of treason; 16 were sentenced to
death. The verdicts were being appealed at the end of 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
There were no reports of abduction of individuals by the
Government or hostage-taking by nongovernmental groups.
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SIERRA LEONE
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no specific reports of torture in 1987. Harsh
physical treatment of prisoners by police, however, is thought
to be common. Conditions in the prisons are poor, and deaths
due to malnutrition, pneumonia, diarrhea, and gastroenteritis
are said by journalists and lawyers to be common. Amnesty
International issued a report in 1987 making similar
allegations. Subsequently, the President appointed a special
panel to investigate prison conditions. It had not reported
its findings by the end of the year.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The President's new economic emergency measures, which were
announced in November, gave the Government new powers to deal
with smugglers and hoarders of currency and commodities.
Their impact on judicial procedures and the forced movement of
people was still not clear at the end of 1987.
Judicial review of arrests is part of Sierra Leone common law
and generally observed in practice. It is widely charged,
however, particularly in Sierra Leonean legal circles, that
police, as a form of harassment, sometimes detain persons for
short periods without charge or judicial review. Under normal
circumstances, detainees not charged with an offense within 28
days of arrest must be released. During a state of emergency,
however, the Public Emergency Act comes into effect, and
persons detained under its provisions are not guaranteed a
hearing unless charged with a capital offense. (The economic
emergency measures enacted in 1987 do not fall under the
Public Emergency Act.) No one was being detained under Public
Emergency regulations at the end of 1987. Under the
Constitution, the President may take measures to detain any
person who is, or is reasonably suspected to be, dangerous to
the well-being of the Republic.
Neither exile nor forced labor is practiced.
e. Denial of Fair Public Trial
The judicial system comprises a Supreme Court of Appeals and a
High Court of Justice, with judges appointed by the President,
and magistrates courts. Local courts administer traditional
law, with lay judges and procedures that do not require legal
counsel .
The judiciary has generally maintained its independence,
although some critics charge that the legal system is
increasingly subject to political manipulation, often before
cases reach the courts, and that it has also been penetrated
by corruption. Sierra Leone's courts generally have a
reputation for providing fair public trials. Defendants are
allowed counsel of their choice, and convictions may be
appealed. Many defendants, however, cannot afford counsel,
and a public defender is provided only in capital offense
cases.
There are no known political prisoners. The 1987 coup trial
which involved the former First Vice President, Francis M.
Minah, and 17 others--largely from Mr. Minah's Pujehun
district — was conducted in the High Court of Justice and was
open to the public. The defendants had legal counsel and were
given adequate time to prepare their cases and call witnesses.
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SIERRA LEONE
The death sentence verdicts in 16 of the 18 cases were under
appeal to the Court of Appeals at the end of 1987. According
to attorneys defending the persons charged in the coup trial,
the proceedings were--to all outward appearances — fair, but
they believe a number of rulings were subtly biased in favor
of the prosecution.
While the handling of the 1987 coup case — from arrest to
trial--moved expeditiously, this is not true of most cases.
The legal system is heavily overburdened and lacks resources.
This results in an average delay of 2 years before a case
actually comes to trial. The only official records of
proceedings are handwritten notes taken by the judges. This
practice limits lawyers' access to written documentation and
puts in question the impartiality of the official record.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State does not generally interfere with rights of privacy
and family, and legal safeguards against arbitrary invasion of
the home are usually observed. Neither censorship of mail nor
electronic eavesdropping by the State on private conversations
have been reported. Some organizations, however, have claimed
that informers report to the Government on their activities.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although freedom of speech is legally guaranteed, this can be
abridged under the Constitution if the proper functioning of
the Government is deemed to be in jeopardy. In practice, the
Government generally tolerates public criticism by citizens,
and academic freedom is respected. Political propaganda
occasionally circulates within the country from opposition
groups based in Western Europe or the United States.
There has been no prior government censorship of the press.
Newspapers have reported on sensitive political topics such as
misuse of government funds, bribery, and bureaucratic
indiscipline. The press has been particularly active in
uncovering corruption since the Government began an
anticorruption campaign in July. Journalists fear, however,
that the economic emergency regulations adopted in November
will affect press freedom adversely. Those regulations
provide for prison sentences up to 5 years and fines up to
5,000 leones ($217) for publication of any false statement
calculated to bring another person into disrepute, or any
statement in a newspaper (regardless of its truth) that is
likely to alarm the public, disturb the peace, or stir up
feelings of ill-will among ethnic or religious groups. Even
prior to these new regulations journalists exercised self-
censorship. For example, most editors avoid publishing
articles portraying the country in a critical light or
attacking the Head of State personally. This approach is
codified in the Newspaper Act of 1983, which specifies
qualification standards for editors and sets a fee for
registration of newspapers.
In 1987 one editor was detained for 4 days on the orders of
the First Vice President who objected to an article speculating
that he would be removed. The editor was released after the
Sierra Leone Association of Journalists protested the detention
to the President.
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SIERRA LEONE
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of freedom of assembly
and permits the formation of and membership in trade unions or
other economic, social, or professional associations. These
rights, however, are limited, most significantly where assembly
or association would conflict with the "proper functioning of
the party" or with public order. In practice, freedom of
association in the nonpolitical sphere is respected. Private
associations of citizens can and do make representations to
the Government on policy issues and are not subject to
reprisals .
There has been a long history of trade unions in Sierra Leone.
Labor has the right to organize into unions, to recruit
members, and to bargain collectively with employers. Most
sectors of the modern economy are unionized. Labor is also
permitted to strike, and there have been a number of strikes
and other forms of industrial action in recent years, most
recently a teachers' work slowdown in 1987. Unions also have
the right to join confederations. The Government has favored
one confederation, the Sierra Leone Labor Congress (SLCC) , to
which most unions now belong. The Head of the SLCC is a
member of the party and a Member of Parliament. The SLCC
participates in the Sierra Leone delegation to the
International Labor Organization meetings and is a member of
the International Confederation of Free Trade Unions.
c. Freedom of Religion
There is a tradition of religious tolerance in Sierra Leone.
Muslims (the largest religious group), Christians, animists,
and adherents of other faiths practice their religions freely
and publish religious documents without government
interference.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The President's economic emergency program will, when
implemented, affect the freedom of movement of people, e.g.,
in being able to shift people to other areas if orderly
administrative and economic needs dictate. Heretofore, the
only official control on travel within the country has been in
diamond-mining areas where restrictions are intended to control
smuggling. There are few regulations restricting foreign
travel. Sierra Leone, a party to the U.N. Convention and
Protocol Relating to the Status of Refugees, is host to
approximately 200 refugees, most of whom are students from
Namibia. There were no reported incidents of forced
repatriation in 1987.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of citizens to change their government is limited by
the fact that Sierra Leone is a one-party state, although
local party members have some say in the designation of
candidates. Former President Stevens was the dominant
authority in Sierra Leone until 1985, when he retired and
arranged for his succession by Major General Momoh. The
Parliament, at Stevens' behest, amended the Constitution to
allow Momoh to become President without resigning his military
commission, and in August of that year the single party, the
All Peoples' Congress, under the control of Stevens, nominated
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SIERRA LEONE
Momoh as President. Since independence in 1961, the clear
trend in political development has been to increase executive
power and decrease constitutional checks on that power. The
Constitution provides that the leader of the party will be the
sole candidate for the office of President. The Cabinet,
selected by the President from elected as well as appointed
members of Parliament, meets with the President regularly and
is a key advisory body.
The Parliament is subservient to the executive branch of the
Government. Candidates for Parliament are chosen in each
constituency by the party's local executive committee, which
selects three candidates from the list of citizens who seek
nomination. The Central Committee of the party has the power
to disapprove the nomination of any candidate selected by the
local party executive if it believes that candidacy would be
inimical to the State. Parliamentary elections were last held
in May 1986 and were accompanied by less campaign violence
than in any election since 1977. While there were problems in
some constituencies, these were redressed in many cases by
repolling or, in seven disputed races, in the courts. There
is universal suffrage.
In addition to the national political system, a traditional
system of local government operates in the provinces.
Paramount chiefs are elected for life by the members of local
chiefdom councils. The paramount chiefs retain considerable
authority in local affairs and in resolving traditional
disputes .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government generally has taken a positive attitude toward
international and nongovernmental groups involved in
monitoring human rights violations. In response to the 1987
Amnesty International report. President Momoh convened a
special commission to investigate possible human rights
violations in the prisons.
The Government has not interfered with the activities of the
Sierra Leone Bar Association's Society for the Preservation of
Human Rights This Society, founded in 1985, is supported by
Members of Parliament, judges, medical doctors, academics,
civil servants, trade unionists, and the media. The Society
won its first major court case in 1986, obtaining the
acquittal of a group arrested for demonstrating peacefully.
Local chapters of Amnesty International also exist.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no officially sanctioned discrimination on the basis
of race, sex, religion, language, or social status. Members
of Sierra Leone's various ethnic and religious groups interact
peacefully and are represented at all levels of the Government.
Women in Sierra Leone are guaranteed equal rights by the
Constitution, but their status varies widely in different
parts of the country and depends heavily upon the cultural
values of various tribal groups. In most rural areas, women
are involved in farming. In some areas of Sierra Leone women
have been elected to the prestigious position of paramount
chief. The Government continues to be male-dominated. In the
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SIERRA LEONE
Parliament elected in 1986, only 5 of the 112 members are
women. However, women are prominent in some professions, and
one woman is a Supreme Court justice.
CONDITIONS OF LABOR
The normal workweek is 38 1/2 hours (7 hours on each of the 5
weekdays and 3 1/2 hours on Saturdays) . An established code
sets out acceptable standards for the workplace, covering
maintenance of machinery, safety procedures, and sanitary
conditions. In actual practice, however, manufacturing
concerns in Sierra Leone, of which there are very few,
probably do not conform to the code, and there is no
practicable means of enforcing it. There is no minimum age
for the employment of children. Sierra Leone has no
legislated minimum wage, although the Ministry of Labour is
considering such a proposal. Outside the public sector there
are no comprehensive wage or salary guidelines.
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SOMALIA
Somalia's formal governmental structure includes the President,
the Council of Ministers, and the National People's Assembly.
For the past 18 years, Somalia has been ruled by President
Mohamed Siad Barre, head of the armed forces and Secretary
General of the Somali Revolutionary Socialist Party, the
country's sole legal political party. Brought to power by a
military coup in 1969, President Siad was elected to a 7-year
term in December 1986 in Somalia's first direct presidential
election which gave the President 99.9 percent of the vote.
The Council of Ministers is appointed by President Siad. The
members of the People's Assembly were last elected on a single
slate in December 1984, with no provision for alternative or
dissenting votes. The President regularly convenes the party
Politburo, a close circle of advisers composed of the Vice
President and four of the most powerful ministers, who also
represent the major clan groups in Somalia. Informal and
formal consultations between the leadership and clan groups
also have a major impact on internal politics.
Having risen to power on the basis of his support in the
military. President Siad consolidated his authority by forging
a consensus among the clans through careful balancing of clan
representation in his Cabinet. Military officers remain key
political players. The police force maintains civil order.
These two uniformed services are augmented by the National
Security Service (NSS), created in 1970, which has essentially
unlimited powers of arrest, detention, and confiscation in
matters deemed to involve national security.
Somalia has few natural resources, and most of its estimated
population of 5.6 million earn a bare subsistence as herdsmen
or farmers. The country's economy has suffered from periodic
drought and overcentralization. Recurrent conflict with
Ethiopia has entailed heavy defense expenditures and a massive
refugee problem. However, since 1983 the Government has been
introducing new policies to encourage development of the small
private sector and to initiate economic reforms with the
assistance of a variety of donors, including the International
Monetary Fund, the World Bank, and the Agency for International
Development. These reforms have had salutary effects on
production and exports and have also lowered the inflation
rate. In August 1987, however, popular riots occurred in
protests against fuel shortages and a rise in transportation
fares. The President, in subsequent policy statements,
appeared to be having second thoughts about the reforms, seeing
some liability in market-determined food prices and foreign
exchange rates.
There was no significant change in Somalia's human rights
situation in 1987. Civil and political rights remain tightly
circumscribed; however, while public criticism of the
Government is not allowed, Somalia are less reluctant to speak
openly in private conversations about dissatisfaction with
government policies. The Government shows little hesitation to
imprison those it sees as a threat to security. Two antiregime
organizations, the Somali National Movement (SNM) and the
Somali Democratic Salvation Front (SDSF) , operate out of
Ethiopia and periodically conduct military attacks against
Somali government and army establishments, primarily in
northern Somalia.
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SOMALIA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
It is difficult to obtain information on possible political
killings, especially in the wake of periodic fighting between
antigovernment and government forces. Opposition groups were
responsible for some deaths or woundings of civilians in the
course of their attacks on government establishments,
particularly in the North. A Somali National Security Service
official was assassinated in December 1986 while sitting in a
public cafe in Hargeisa. While the opposition's avowed targets
are the military, tactics involve use of land mines, which have
injured some civilians.
Although a number of death sentences have been issued by the
National Security Court, from whose decisions there is no right
of appeal, there were no credible reports in 1987 that any of
the defendants were actually executed. The Somali President
can and has pardoned or reduced sentences of persons convicted
by the National Security Court. There have been reports of
extralegal or summary executions of alleged dissidents,
especially in the North, but it is difficult to obtain
corroborating information due to the periodic fighting.
b. Disappearance
There were no reported cases of unexplained disappearance. SNM
dissidents kidnaped 10 French doctors and an Ethiopian refugee
in January from the Tug Wajale refugee camp but later released
them in Ethiopia to French authorities.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There are recurring reports of the use of torture by police and
security officials, including immersion in sea water, beatings,
rape, and placing prisoners in contorted positions for extended
periods. Somali officials consistently deny that torture is
practiced. Authorities routinely use rough treatment in order
to obtain confessions from criminal suspects. Somali prisons
are unsanitary and living conditions are difficult. Some
political detainees are held incommunicado for various lengths
of time, reportedly in harsh conditions in maximum security
prisons where they are denied contact with their families, and,
in some cases, kept in solitary confinement. However, upon
release from prison, some political prisoners have been
restored to their old government jobs or have had new jobs
created for them. In its 1987 report, Amnesty International
(AI) expressed concern about reports of ill-treatment and
torture of political prisoners. Police behavior has sometimes
been rough in other contexts. At the National Day parade in
October, overzealous security forces beat some spectators and
fired a few shots, but there were no casualties.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Despite constitutional provisions that accord Somali citizens
the right to formal charges and a speedy trial, the criminal
procedure code was modified in 1970 to exempt crimes involving
national security from specific time limits and rules of
procedure. Those arrested for expression of critical views of
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SOMALIA
the Government may be charged with crimes against the State,
such as sedition and conspiracy against the State, and held
indefinitely without being brought to trial. The National
Security Service is empowered to arrest without a warrant
anyone suspected of a crime involving national security. There
is no provision for bail in any but minor cases before the
National Security Court.
Estimates of the number of political detainees range from 300
to 800, of whom at least 200 are being held without charge.
Some reports indicate this number is much higher, allegedly due
to mass arrests in the North in the wake of the conflict
between the army and the SNM. AI's latest report recalls that
among those held without charge are a politician and lawyer
detained without trial since 1975 and several army officers
detained since 1978. Several persons detained since 1982 will
be tried early in 1988 (see below). AI's report, as well as
other sources, claim that Somalia is holding without trial at
Hawai prison several hundred Ethiopian civilians reportedly
captured by Somali forces in the 1977-78 Ogaden War. The
Government provides no information about the number of
detainees .
Six former Members of Parliament arrested in 1982, including
one former Vice President and four Cabinet members (two of whom
were founders of the current regime), were formally charged in
1987 with "high treason." The Government announced that these
persons will be brought to trial in February 1988 and permitted
legal counsel. A seventh Member of Parliament detained with
this group died in prison in 1983 allegedly due to medical
neglect. There are reports that other political detainees will
also be tried in 1988.
The Government does not practice exile. In 1986 President Siad
Barre publicly offered amnesty to dissidents abroad who wished
to return to Somalia. Compulsory labor is not permitted under
Somali law. However, the Government and the party occasionally
organize campaigns in which "voluntary" labor is used in street
cleaning or temporarily in state-run factories. Prisoners may
perform labor as part of their penal servitude.
e. Denial of Fair Public Trial
The Somali judicial system includes civil and criminal courts,
headed by the Supreme Court and a separate National Security
Court, which is not independent from the executive and is in
session almost weekly. Lawyers are permitted to represent
suspects before the National Security Court, but proceedings
are not always open to the public. In contrast, the civil and
criminal courts are conducted openly. Although nominally
independent, the judiciary is in fact not distinguishable as an
institution from the executive, which reviews and controls
judicial decisions. All judges in the Supreme Court and lower
courts are appointed by the President with the advice of the
Higher Judicial Council, of which the President is the chairman.
The right to appeal exists in criminal and civil cases, but not
in cases heard by the National Security Court. In the civil
and criminal courts, legal assistance is provided, and there
are established rules of evidence. There are no religious
courts in Somalia. In certain civil proceedings relating to
family matters, such as marriage and inheritance, the judge may
cite prevailing Islamic Shari'a law in rendering decisions.
In 1986 there were some arrests of Islamic religious figures,
made on the basis of the Government's suspicions that they were
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SOMALIA
dissidents, not because of their religious activities. In
particular, the Government arbitrarily arrested nine Islamic
clerics and accused them, among other things, of using religion
to incite people against the security of the State. The nine
were tried and sentenced to death by the National Security
Court, but their sentences were commuted to life imprisonment
in August 1987. While these clerics were reported to be
radical Shi'a, they were more likely Sunni fundamentalists.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
"Mobilization campaigns" are organized by the Somali
Revolutionary Socialist Party to promote public participation
in, and enthusiasm for, various civic and national programs, as
well as general support for government policies. Participation
in these campaigns is urged but not strictly enforced.
Military press gangs are often used to provide "recruits" for
the army. The National Security Service uses its authority to
search homes without warrants. This authority extends to
monitoring communications and opening mail, although there is
no evidence that such practices are broadly used. The NSS can
effectively track the movements of persons through its
comprehensive network of informants.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government does not allow public expression of dissenting
views and owns and operates the media. There is one weekly
newspaper, published in Arabic and Italian, which is privately
owned but hews to the government line by practicing self-
censorship. The press disseminates only information and
opinion acceptable to the Government. The Central Censorship
Board retains control over all media (foreign and local),
including publications circulated within the country--f i 1ms ,
plays, concerts, lectures, and other means of communication,
such as videotapes, whether imported or produced in Somalia.
Members of the press exercise self -censorship, and there have
been no reports of detention of journalists. In the past, some
Italian publications have been banned, as well as the quarterly
journal Horn of Africa published in New Jersey by expatriate
Somali and Ethiopian intellectuals.
b. Freedom of Peaceful Assembly and Association
All nonreligious organizations and public gatherings are
subject to government control or supervision. Protest meetings
against government policies are not permitted. In April 1986,
a short-lived rally in favor of the imposition of the Islamic
Shari'a law resulted in the arrest of nearly 100 participants.
The country's single labor confederation, the General
Federation of Somali Trade Unions (GFSTU) , is government
controlled. The head of the GFSTU is appointed by the
Government. Its members do not have the right to strike.
There have been no strikes since the 1969 revolution.
Organizing a strike is legally punishable by the death
penalty. However, no trade union official has been punished by
fine, imprisonment, or death for violating the antistrike law.
The GFSTU" s main function is to monitor the work force and
provide a conduit for worker grievances. The GFSTU is a member
of the Organization of African Trade Union Unity and the
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SOMALIA
International Confederation of Arab Trade Unions, and
participates in the International Labor Organization.
c. Freedom of Religion
Islam is the state religion, and nearly 100 percent of the
population is Muslim, predominantly of the Sunni sect. The
Government monitors the topics of sermons preached in the
mosques and occasionally will arrest a religious leader whose
text strays too far into political areas. Since 1986 the
Government has appointed all imams. Activities of those who
openly wear conservative Islamic dress or who were educated in
religious schools in Saudi Arabia are closely monitored by
Somali security forces.
The Government has arrested Somalis and deported expatriates
for Muslim Brotherhood activities, but contends that the
Brotherhood, which seeks to apply Islamic tenets to politics,
is a secular, not a religious, organization. Somalis are free
to participate in the hajj, and many do so annually. Members
of other religions may practice their faiths freely, but
proselytizing is not permitted.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Internal travel is not formally restricted but is controlled
through police and military checkpoints in towns, border areas,
and regions noted for interclan violence. Since the December
1986 murder of the chief security officer of the northern
region, the Government has imposed travel restrictions on
Somali citizens in that region including an 8 p.m. to 5 a.m.
curfew in Hargeisa. There have been reports that Somali
soldiers and police frequently harass travelers in and out of
the capital city.
Although any Somali citizen can obtain a passport, the
Government denies exit visas to categories of young people,
such as young men of military age and those under police
surveillance. Emigration is permitted for all but government
employees. Somalis who have gone abroad are not prevented from
returning. Those who have been involved in dissident
activities against the regime may face questioning or
imprisonment upon their return. However, some dissidents who
have renounced their opposition to the regime have been
welcomed back and provided with government jobs.
Somalia provides a home to a much-disputed number of refugees
from Ethiopia. The Somali Government officially welcomes
refugees to stay or to return to Ethiopia as they wish.
Estimates range from the Government's figure of 800,000 down to
350,000. A majority are ethnic Somalis, but Oromos (both
Muslim and Christian) constitute an important minority. The
Oromos who fled to Somalia generally stated that they were
fleeing from the Ethiopian Government's "villagization" and
collectivization policies. These recent arrivals, like other
non-Somalis displaced into Somalia, are not allowed to
assimilate into the Somali population. Logistics and
resettlement problems present obstacles to voluntary
repatriation. As of August 30, 3,137 refugees had officially
returned to Ethiopia under the auspices of the United Nations
High Commissioner for Refugees, although many more may have
returned on their own.
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SOMALIA
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
President Siad Barre rules Somalia and controls political
participation through the single legal political party, the
Somali Revolutionary Socialist Party. Citizens cannot change
the one-party system, and therefore cannot change the party in
power. The party directs participation in Somali political
affairs through organizations such as the General Federation of
Somali Trade Unions, the Somali Women's Democratic Organization,
and the Somali Revolutionary Youth Organization. Voting for the
People's Assembly entails only a vote for or against the party's
national slate, although one need not necessarily be a member of
the party to be included as a candidate pn the slate. President
Siad Barre was the sole candidate for the presidency in the
election held on December 23, 1986. There is no legal
opposition to the Government, and public criticism of its
policies is forbidden.
Somalia has only one indigenous ethnic group, the Somali, which
is subdivided into clans and clan-groups. Although the country
is ethnically and linguistically homogeneous, clan divisions
have a great impact on domestic politics. While officially
outlawing "tribalism," President Siad recognizes the continuing
strength of the traditional, clan-based political coalitions
and uses clan politics as a means of maintaining his rule.
Government officials frequently hold formal and informal
consultations with various clan leaders. Clan identification
is very strong, and for many Somalis, the traditional clan
system is the accepted vehicle of political expression. Clan
politics and clan rivalries occasionally erupt into violence.
Tension was high in May 1987 between Marehans and Ogadenis in
Kismayo when a Marehan army officer shot and killed an Ogadeni
youth. Some members of the Issak clan of the North actively
support the insurgency of the antigovernment SNM. Other Issaks
are themselves members of the government bureaucracy or the
military. Loyalty or opposition to the Government can thus cut
across clan lines and create complex political patterns.
Women and minorities participate in politics and government,
but they wield little power. A number of women are members of
the People's Assembly, and several are vice ministers. Other
women occupy relatively senior positions in various ministries,
and one holds an ambassadorship. The Somali Women's Democratic
Organization has in the past advocated greater political
participation and mobilization for women, although it has been
dismissed by some Somalis as a vehicle of the party for
mobilizing women in support of government policies and the
status quo on issues involving women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In the past, the Government has generally not replied to
inquires by human rights organizations such as Amnesty
International, although it responded to an inquiry on prisoners
from the National Academy of Sciences (NAS) Committee on Human
rights. It also permitted a visit of inquiry (first requested
in 1985) by the NAS Human Rights Committee in October 1987.
NAS will publish a report of its findings in 1988. The
Government has not responded to international requests, e.g.,
from the International Parliamentary Union, to release the six
parliamentarians who have been detained without charge since
1982, but it set a trial date for them in February 1988.
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SOMALIA
The Government has refused requests by foreign officials and
human rights organizations to visit political prisoners, but it
permits the International Committee of the Red Cross (ICRC)
representative in Mogadishu to visit to some Ethiopian prisoners
of war from the 1977-78 Ogaden conflict. However, there are
many Ethiopian prisoners of war to whom the Government has not
permitted access. The Somalis require that government witnesses
be present at ICRC interviews. There has been no repatriation
or exchange of these prisoners of war, although Somalia proposed
a modest exchange with Ethiopia in 1986.
There are no Somali organizations which actively address human
rights issues. In international forums, official Somali remarks
on human rights are usually restricted to general statements and
criticism of practices in Ethiopia. There are indications that
discreet local inquiries may have a positive impact in
encouraging the Government to improve its record in this regard.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While there is no overt discrimination in the distribution of
economic benefits among the various clans and clan-groups in
Somalia, members of certain clans and some individuals
capitalize on their political connections in the Government.
There is no discrimination regarding access to education and
health services on clan or ethnic bases, although these social
services are generally available only in larger urban areas of
the country.
While they have considerable inheritance and ownership rights,
Somali women suffer from traditional discrimination in work and
family matters. Long-established practices, such as female
circumcision, remain prevalent despite government opposition.
The payment of dowry and bride wealth are common in marriage
rituals. Divorce laws and practices strongly favor the male
partner .
CONDITIONS OF LABOR
Somalia has comprehensive labor legislation which establishes
minimum safety and health conditions for the workplace. These
are applicable to the small modern, or cash, sector of an
economy that is predominantly pastoral and agricultural. The
minimum age for employment of children is 15, and persons under
18 years of age are not permitted to work at night or in
certain hazardous occupations. However, the legislation is not
effectively implemented. Also, on the margins of the formal
economy, children sell cigarettes on the street, carry bags in
the market, and watch and clean cars to support themselves and
supplement family incomes. The established workday is 8 hours
a day, with a total of 48 hours per week, and overtime hours
can be limited. Workers are entitled to paid holidays, annual
leave, and holiday bonuses. However, the salary scale is
extremely low, especially in the public sector. The average
salary of a civil servant is roughly $15 per month. Workers
resort to second jobs, corruption, assistance from other family
members, and remittances from abroad to support themselves and
their families. Productivity in the public sector is extremely
low, and many civil servants make minimal appearances in their
offices. A civil service reform program, aimed at reducing
public sector jobs by attrition and boosting salaries, has been
initiated.
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SOUTH AFRICA
South Africa's laws codify the doctrine of apartheid, which
prescribes the basic rights and obligations of people
according to their racial or ethnic origin. The country's
black majority (73.4 percent of its population) suffers from
pervasive, legally sanctioned discrimination based on race in
political, economic, and social aspects of life. The
"colored" (mixed-race) and Asian minorities (9.1 percent and
2.8 percent of the population respectively) also suffer from
extensive racial discrimination, although to a somewhat lesser
degree than South Africa's black population. While the
Government claims that South Africa is a parliamentary
democracy, blacks continue to be denied the right to vote in
national elections and to be represented in Parliament. Until
1984 South Africa's national political institutions were
reserved for whites (14.7 percent of the population). A new
Constitution was implemented in 1984 that created a tricameral
Parliament with separate chambers for whites, coloreds, and
Asians. The terms of the Constitution ensure continued
parliamentary control by whites over key affairs. In
addition, the executive branch (headed by a State President
with strong powers) continues to be dominated by whites.
White control of the Government is backed by a powerful
defense and police establishment, especially the South African
Defense Force (SADF) , with over 95,000 active duty personnel
and nearly 400,000 reservists, and the South African Police
(SAP), with 56,000 members. In recent years the SADF has been
used to assist the SAP in internal security matters,
especially in patrolling the black townships. The National
Security Management System (NSMS), established to coordinate
intelligence services and government departments, has assumed
greater influence in the last few years over several aspects
of government policy designed to minimize black discontent,
including setting levels of state of emergency detentions as
well as providing development assistance and social services.
Critics maintained that the NSMS, staffed primarily by police
and military officials, was developing into a "parallel
government," accountable only to the cabinet-level State
Security Council. During 1987 the Government also increased
specia] black security forces known as "instant police" and in
some cases gave tacit support to conservative black vigilante
groups .
Central to the policy of separate, racially based political
institutions was the creation, beginning in the 1950's, of 10
"homelands" to which all blacks were assigned on the basis of
ethnic background. These homelands comprise only 13 percent
of South Africa's area and are often small, fragmented bits of
land in impoverished rural areas. Since 1976 the Government
has granted "independence" to four homelands, thereby forcibly
stripping an estimated 8 million South African blacks of their
South African citizenship. In 1987 it underscored its
determination to move ahead with this policy by continuing to
incorporate more black residential areas into these
homelands. South Africa is the only country that has
recognized the "independence" of these homelands. Since the
late 1970's, the Government has sought to introduce gradual
and piecemeal reforms that ameliorate some aspects of
apartheid but do not threaten continued white control of the
nation's key political structures. At the same time, black
opposition to apartheid has increased dramatically. This was
especially so after the creation of the tricameral Parliament
in 1984, which was seen as an attempt by the Government to
freeze blacks out of national political participation. The
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SOUTH AFRICA
Government has reacted since 1985 with increasingly stringent
restrictions on individuals' rights and repression of
organized black opposition.
Many apartheid laws discriminate against blacks in housing,
employment, and education, serving to perpetuate an unusually
high income disparity between whites and blacks. Starting in
1984, a serious economic downturn aggravated the suffering of
black South Africans and was a significant factor in fueling
political unrest. In 1987 the overall economic situation
improved, with indicators suggesting an annual real growth
rate of about 2 to 3 percent over the next 2 years. However,
local economists have estimated that an annual real growth
rate above 5 percent is necessary for the economy to absorb
the roughly 300,000 black entrants to the labor market each
year. An even higher rate of growth would be necessary to
reduce present black unemployment, which many private
observers estimate at 25 to 30 percent, and as high as 70
percent in some areas.
The human rights situation in South Africa continued to
deteriorate in 1987. A state of emergency, imposed in 1986
and giving police and military extraordinary arrest and
detention powers, was renewed in June 1987. The Government
also rewrote many of the emergency regulations in 1987 to
"close the loopholes" and make it more difficult for the
judiciary to intervene in questions relating to the state of
emergency. The Government has used these powers to arrest an
estimated 30,000 people since June 1986. The United
Democratic Front (UDF) , a loosely organized national movem.jnt
of more than 600 antiapartheid groups, and various black trade
unions have been special targets for detention. The
Government imposed harsher curbs on the media and brought its
program of limited reforms to a virtual halt.
The level of political violence apparently declined in 1987
from previous years, although at least 500 people died as the
result of such violence during the year. The shadowy war
between South African security forces and the African National
Congress (ANC) escalated. The banned ANC is headquartered in
exile in Lusaka, Zambia, while many of its leaders, including
Nelson Mandela, remain in long-term imprisonment in South
Africa. Throughout 1987 a number of bomb blasts, landmine
explosions, and grenade attacks occurred in South Africa, many
of which appeared to be ANC operations. South African
security forces were involved in raids, bomb attacks,
abductions, and assassinations directed against the ANC in
various neighboring countries. State President Botha appealed
throughout the year for black leaders to enter negotiations
with the Government, but all credible black leaders maintained
their refusal to enter talks until the Government met certain
conditions, including the release of political prisoners, the
removal of the ban on all political organizations, and the
lifting of the state of emergency. In July a delegation of
prominent, private, white South African citizens, including
Afrikaners, traveled to Senegal for an exchange of views with
leaders of the ANC on the future of South Africa — the first
such meeting of its kind. Throughout the year there were
unconfirmed rumors of contacts between government officials
and external ANC leaders.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Political violence continued to plague South Africa in 1987,
though apparently at reduced levels compared to the 1984-86
period. Due to restrictions on reporting of incidents of
unrest, independent statistics on the number of deaths related
to political unrest were difficult to obtain. The Government
asserted that such deaths have declined dramatically since the
imposition of the state of emergency in June 1986. It
claimed, for example, that in May 1987, 8 blacks died in
unrest-related violence, a decrease of 95 percent from the
comparable figure of 157 deaths in May 1986. Fragmentary
statistics based on the Government's daily "unrest reports"
and other sources indicated that at least 500 people died in
political violence during the year, compared to 1,289 deaths
from political violence in 1986.
Most of the deaths in 1987 resulted from violence within the
black townships, and the vast majority of victims were
blacks. Much of this violence resulted from fighting betv;een
political factions. Overall, however, violence resulting from
political strife within the black community was less prevalent
than in 1986, and so-called "necklace" killings, in which the
victim is executed by a burning tire placed around his neck,
declined dramatically in 1987. This was mainly due to the
state of emergency but also to strong discouragement of such
acts by internal and external black political groups,
including the ANC. Fragmentary statistics indicated deaths
resulting from necklacing declined from the hundreds in 1986
to perhaps no more than a dozen in 1987.
Many other deaths were the result of excessive use of force by
police, who sometimes quelled demonstrations with live
ammunition, tear gas, birdshot, hard rubber clubs, or rubber
bullets. In April six people were killed when police fired on
a demonstration of striking railroad workers. During 1987 the
Government augmented security forces by accelerating the
recruitment of "Kitsconstabels" ("instant police"--cal led that
because their training periods were short); these special
police constables were first introduced in the black townships
in 1986. Government critics charge that they have been
responsible for numerous abuses. In February four people were
shot and killed by Kitsconstabels in Grahamstown.
Several deaths of persons in police custody occurred during
the year, at least two of which appeared to be execution-style
killings. In July ANC member Ashley Kriel was killed by
police in a Cape Town home. An autopsy revealed that he had
been shot in the back at point-blank range. In August Caiphus
Nyoka, a high school student leader, was killed by police
during a nighttime raid on his home in Daveyton, even though
he had apparently offered no resistance. He had been shot in
the forehead at close range. At the end of 1987, the
Government had failed to provide any explanation or order any
investigation in regard to Nyoka's death.
In 1987 a series of court cases or out-of-court settlements
also revealed police excesses. In February a member of the
SAP was sentenced to 8 years' imprisonment for the "unprovoked
and unnecessary" killing of a black youth in 1986. The
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SOUTH AFRICA
policeman had ordered the youth to run away and had then shot
him as he ran. In April a court ruled that policemen in the
Lebowa homeland were responsible for the April 1986 torture
and deaths of two detainees. Lucky Kutumela, a journalist and
member of the Azanian People's Organization (AZAPO) , and Peter
Nchabaleng, a Transvaal provincial official of the UDF. The
postmortem report on Nchabaleng concluded that he died after
multiple blows with sticks or similar objects. An inquest
magistrate found no one criminally liable for the 1985 death
in police custody of trade unionist Andries Raditsela, but the
Government agreed to pay compensation to Raditsela's family.
In July the Government agreed to pay $650,000 to 51 people who
were wounded or whose relatives were killed in the March 1985
massacre of 20 blacks in the Langa township outside
Uitenhage. Many of the victims, who had been demonstrating
while on their way to a funeral, had been shot in the back.
In September a Cape Town court exonerated two police officers,
even though they had admitted shooting a young girl who had
been watching police quell an antiapartheid demonstration.
The court excused them on the basis that they were following
the orders of a superior (who was not charged) . In October
the trial began in the Eastern Cape Supreme Court of two
policemen accused of murdering two black youths in Cradock,
near Port Elizabeth. According to eyewitness testimony, one
of the youths, Mlungisi Stuurman, who was arrested for wearing
an antiapartheid shirt, was tortured in a police van with a
plastic bag, beaten, and then shot in the back of the neck.
The most serious violence resulting from political factional
fighting in 1987 took place in Natal. In particular, clashes
between UDF supporters and Inkatha members, who support
KwaZulu Chief Mangosuthu Buthelezi, resulted in at least 268
deaths during the year in the Pietermaritzburg area. The
violence around Pietermaritzburg accelerated beginning in
September, and efforts by several groups to mediate an end to
the violence were unsuccesful as of the end of 1987.
In addition, as a significant minority of blacks in South
Africa espouse or condone violent opposition to apartheid,
there were instances of violence and intimidation against
blacks who were not complying with such protest activities as
school or rent boycotts and strikes. Attacks by radical
blacks on township government officials, black policemen, and
other suspected "collaborators" continued, though at a lower
rate than in 1986. The ANC helped fuel this violence since it
continued to call on blacks to attack these so-called
collaborators. The Government emphasized such intimidation as
a justification for repressive actions against members of
trade unions and community organizations.
The Government also cited this intimidation as justification
for support of, or in some cases acquiescence in, the
activities of black vigilante groups. These groups were
formed by conservatives for the ostensible purpose of ensuring
neighborhood safety. In 1987 their activities increased as
they engaged in armed attacks on dissidents and squatter
communities. In some cases, the police assisted or stood
aside during such attacks and the victims usually received no
help from the police. In January a crowd of 1,500 armed
vigilantes attacked UDF activists near Uitenhage while police
looked on. Several eyewitnesses reported that police were
directing the crowd of vigilantes to the homes of UDF
activists. The vigilantes ransacked the homes and burned the
possessions of the activists in the street. In May and June,
four UDF activists died in vigilante attacks in the Eastern
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SOUTH AFRICA
Cape. UDF supporters in Natal came under increasing attack
during the year from vigilantes. In July four UDF supporters
were killed by vigilantes near Pietermar itzburg . In the
Lebowa homeland, there were reports that a vigilante group had
been formed by the homeland's ruling party to attack
dissidents. In the homeland of KwaNdebele, the proindependence
Mbokotho vigilante organization continued its violent campaign
against the opponents of independence.
One example of the Government's support for vigilante groups
came in April with the Cape provincial administrator's
appointment of Johnson Ngxobongwana and six of his supporters
as the Crossroads town committee. Ngxobongwana and his
vigilante organization had achieved notoriety in June 1986 for
their violent ejection of their political opponents from the
Crossroads squatter camp outside Cape Town with the support of
the police. In October the Cape Town Supreme Court overturned
this appointment and called on the Government to organize
elections in the community.
Throughout 1987 a pattern of killings and bomb blasts directed
against antiapartheid groups and trade unions continued. One
of the more prominent victims was Eastern Cape activist Eric
Mntonga, who was murdered near King Williams Town in July. In
May the headquarters building of the Congress of South African
Trade Unions (COSATU) in Johannesburg was wrecked by a huge
bomb explosion, and numerous other COSATU offices were
vandalized or destroyed during the year. In August a bomb
exploded at a building in Cape Town which housed COSATU and a
number of antiapartheid organizations. At the end of the year
there had been no arrests in connection with any of these
incidents. The Government has had a number of successes in
recent years in arresting those accused of antigovernment
terrorist acts, but has shown an inability or unwillingness to
pursue the perpetrators of violent acts directed against
antiapartheid groups and persons, such as the December 1986
murder of black political activist Dr. Fabian Ribeiro and his
wife .
The ANC, a revolutionary organization that since 1961 has
openly advocated the overthrow of the South African
Government, encouraged attacks on government offices and
installations involved in the administration of apartheid but
often equivocated or was silent on the question of
responsibility for individual incidents of violence.
Officials of the organization continued to disavow a strategy
of deliberately hitting civilian targets. On May 20, two
bombs exploded outside the Johannesburg Magistrate's Court,
killing four policemen and injuring numerous bystanders. The
ANC armed wing, Umkhonto We Sizwe, subsequently claimed
responsibility. On July 30, another bomb exploded near the
Witwatersrand army headquarters in central Johannesburg,
injuring 68 people. The ANC declined comment on what, if any,
responsibility it had for the incident.
The ANC maintained its position that armed white farmers in
northern border areas of South Africa constitute part of the
Government's security establishment. There were numerous
reports of clashes between government forces and ANC
guerrillas attempting to infiltrate the country. The SADF
also struck at alleged ANC targets in neighboring countries,
including raids in Zambia in April and in Mozambique in May.
The Government claimed in September that 220 ANC "terrorists"
had been killed or arrested in the first 8 months of 1987, a
significant increase over 1986. In October the Government
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SOUTH AFRICA
arrested 11 people, charging them with involvement in a number
of ANC-inspired attacks in the Cape area. Throughout the
year, several dozen community activists around the country
faced charges of furthering the aims of the ANC, and most were
convicted.
The Pan-Af ricanist Congress (PAC), another antiapartheid
organization in exile, also advocated violent opposition to
the South African Government and claimed that it had sent
large amounts of arms into the country.
b. Disappearance
In recent years many people have disappeared, reportedly into
police custody, for long periods. Some, missing for very long
periods of time, are suspected by friends and associates to
have been killed by security forces. South African law does
not require notification of a person's family, lawyer, or any
other person in the event of his detention or arrest, and
prohibits the unauthorized publication of the name of any
detainee if "the prevention of or combating of terroristic
activities" is the reason for the detention.
Since August 1986, the Minister of Law and Order periodically
has tabled lists of state of emergency detainees in
Parliament. These lists, which appeared to be incomplete,
only included detainees held for at least 30 days. As of the
end of 1987, this constituted the Government's only official
public accounting of emergency detainees. Human rights
monitoring groups estimated that substantial numbers of
detainees have not been named in the Government's lists and
maintained that in most cases family members were not informed
of emergency detentions.
Following the June 1986 emergency declaration, and in the wake
of subsequent crackdowns on various opposition organizations,
many black activists left the country surreptitiously or went
into hiding to avoid detention. These circumstances further
complicated the task of accurately accounting for the many
persons who reportedly have disappeared. Government press
curbs imposed in December 1986 prohibited news reporting on
detention cases and on unresolved litigation concerning
detentions without prior government clearance, which rendered
the task of accounting for missing persons still more
problematic .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Security legislation, in particular the Internal Security Act
(ISA), allows police generally unsupervised discretion in the
arrest and detention of suspects and in the interrogation of
detainees. People detained under the ISA may receive visits
from their attorneys and families only at the discretion of
the Commissioner of Police. This permission is often denied.
The ISA allows for lengthy periods of incommunicado detention
during which authorities are not obliged to present formal
charges, a situation which provides considerable potential for
police abuse of detainees. Laws exempting law enforcement
officials from both criminal and civil liability for "good
faith" acts undertaken in enforcing the state of emergency
have been cited by many observers as giving police a license
to engage in abusive conduct.
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SOUTH AFRICA
In 1986 and 1987, many persons who had been released after
being detained under state of emergency and security
regulations gave accounts of beatings and other abuses by
police. One detailed 1986 survey, prepared by a medical panel
of the Detainees' Parents Support Committee (DPSC), indicated
that 83 percent of 500 released detainees showed signs of some
physical abuse. Another survey, released in April by the
National Medical and Dental Association, found that over half
of the ex-detainees surveyed had been physically assaulted
while in custody.
Many persons reported that they had been held in solitary
confinement during their detention. Others gave accounts of
torture by police, including applications of electric shocks
to hands, feet, and genitals. Many former detainees in the
Port Elizabeth area reported that police had supplemented
routine beatings and electric shocks with repeated suffocation
as a means of extracting information. According to their
affidavits, police tied wet plastic or canvas bags around the
heads of prisoners and repeatedly applied rubber innertubes
over their noses and mouths to suffocate them, often to
unconsciousness. Journalists and others detained in
KwaNdebele during the year produced a number of eyewitness
accounts detailing the apparently routine beatings suffered by
detainees in that homeland.
Most torture occurred during and immediately following
arrest. The chances of physical abuse taking place apparently
diminish once a detainee is processed and made part of the
general inmate population. Instances of abuse in prisons,
while not unheard of, appear to be less frequent than at
police stations.
Those who work with released detainees, and academics who have
studied the issue, maintain that youthful detainees are more
subject to beatings and other forms of torture than are older
detainees. One academic study of 83 children released in 1987
found that 64 of them complained of assault and one-third were
suffering "definable psychiatric illness." In April a news
report described the case of Trevor Makhoba, a 16-year-old
Soweto resident who claimed he was subjected to electric
shocks while in detention. A pathologist who examined him
within 72 hours of release confirmed he had thermal burns on
his fingers "consistent with electrical burns." A police
spokesman conceded Makhoba had a "strong case."
On August 13, 22 young people ranging in age from 14 to 20
years were arrested in Petrus Steyn, Orange Free State, for
their support of the South African Youth Organization. Most
were released after 2 days. Many of them alleged they had
been assaulted by the police while in jail, and eight of them
have filed assault charges. On September 2, a school boycott
was called to protest the detentions. Large numbers of police
arrived and attacked children (some as young as 8 years of
age) leaving the school with hard rubber clubs. Six children
were treated for injuries, and another six arrested.
Police and other security force members were seldom held
accountable in 1987 for abuse of detainees. While the
Government conceded in some cases that such abuses occurred,
the courts often imposed only token punishments on those found
guilty. In 1987 the Government completed an investigation of
credible allegations by Father Smangaliso Mkhatshwa, Secretary
General of the Southern African Catholic Bishops Conference,
that he had been tortured while in detention. A court
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permitted one of the six accused SADF personnel to pay a small
"admission of guilt" fine and absolved the other five
soldiers. In October the Law and Order Minister, responding
to the protests of Eastern Cape human rights activists,
pledged to investigate charges of police torture of detainees.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The ISA authorizes the Minister of Law and Order to order
detention without trial for varying--in some instances
unlimited--periods of time. Under Section 28 of the ISA, the
Minister of Law and Order may issue "preventive detention"
orders allowing for detention for up to 180 days in "unrest
situations." Under Section 29 of the ISA, senior police
officials have broad powers to detain people for interrogation
when offenses such as terrorism, sabotage, or inciting a
revolution are suspected. Access to ISA detainees is severely
restricted .
On June 11, 1987, the Government renewed the June 1986 state
of emergency and issued new regulations which tightened and
extended those originally promulgated in June 1986. Under the
revised 1987 rules, the period for which SADF members and
police officers down to the rank of constable are empowered to
detain persons was extended from 14 days to 30 days. Police
station cells may be used as the place of detention for the
first 14 days only (the previous limit was 30 days), after
which detainees must be transferred to prison cells unless the
Commissioner of Police grants an exception. After 30 days the
Minister of Law and Order may extend the detention for an
indefinite period of time, limited only by the duration of the
state of emergency. In June the Government issued new rules
concerning the treatment of state of emergency detainees,
giving them many of the rights granted to ordinary prisoners
awaiting trial. However, in July an appeals court reaffirmed
that emergency detainees may be denied access to lawyers and
have no right to a hearing before the Minister extends the
detention.
As in 1986, black trade union officials and members of the UDF
were particular targets of state of emergency detentions. By
the end of 1987, most of the national leadership of the UDF
had been detained and it was estimated that three of every
four detainees were members of the UDF or affiliated
organizations. The Government has detained the executive of
the UDF-af filiated National Educational Crisis Committee
(NECC) , an umbrella organization of parents, teachers, and
students, which had entered into negotiations with the
Government to end the widespread school boycotts of 1986.
Opposition political leaders charged that many people were
being detained under the emergency regulations on dubious
evidence, often on the word of informers, who themselves may
have been under pressure to accuse others.
In April the Government acknowledged that 19,209 people had
been detained between June 12, 1986, and April 15, 1987. It
was unclear whether this figure included detentions of less
than 30 days. The DFSC estimated that 30,000 people had been
detained between June 1986 and October 1987, of whom
approximately 8,000 were under the age of 18. According to
government statistics, only 2,260 of these detainees had been
criminally charged as of May 31. At the end of the year, the
DPSC estimated a total of 1,500 people were still being
detained under the state of emergency, with an additional 350
held under the ISA. The Government's refusal to provide
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specific statistics or complete lists of those being held made
it difficult to confirm this or any other estimates of the
number of detainees.
In September the Minister of Law and Order said that
115 children under the age of 18 were being held under the
state of emergency and that 13 boys under the age of 17 were
in detention under the ISA as of July 31. At the end of 1987,
human rights groups estimated that some 250 children under the
age of 18 were still in detention.
Statistics on detentions failed to account fully for what
appeared to be a common police tactic of detaining political
activists, especially youths, and holding them for a few hours
or overnight, during which time they were interrogated,
threatened, and sometimes beaten. In addition, many people
have been arrested on criminal charges during incidents of
unrest. Human rights monitoring groups estimate that at the
end of 1987 at least 1,500 people, many of them under the age
of 18, were serving sentences for "public violence" as a
result of convictions stemming from incidents of political
unrest .
Many political figures, community and human rights activists,
lawyers, churchmen, trade union officials, journalists, and
others have been detained under the state of emergency.
Prominent figures remaining in detention at the end of 1987
included UDF leaders Murphy Morobe and Mohammed Valli;
Zwelakhe Sisulu, editor of the newspaper New Nation; law
professor Raymond Suttner; and Eastern Cape activists Edgar
Ngoyi , Henry Fazzie, and Mkuseli Jack.
ANC leader Nelson Mandela, imprisoned after being convicted
for sabotage in 1964, continued to serve a life sentence,
despite repeated domestic and international calls for his
release. International calls have also been made for the
release of Zeph Mothopeng, leader of the PAC. In August the
State President said that the renunciation of violence,
previously an absolute condition for release of Mandela and
other long-serving political prisoners, would be henceforth
but one of several factors considered for a form of parole.
In November Mandela's ANC colleague Govan Mbeki and several
other long-serving political prisoners were freed (see
below). State President Botha subsequently said that future
releases of "security prisoners" would be determined by parole
boards .
The ISA also authorizes the Minister of Law and Order to issue
"banning" orders severely restricting the activities of any
person judged by the Minister to be endangering law and order,
threatening state security, or "promoting the aims of
communism" or an unlawful organization. According to the South
African Institute of Race Relations (SAIRR) , over 1,400 South
Africans have been banned at some time since 1950. In 1987
the Government appeared to have abandoned the practice of
banning persons under the ISA, possibly as a result of some
banning orders being overturned by courts in 1986. However,
numerous state of emergency detainees released from detention
were subjected to restrictions on their movements and on their
involvement in political matters. Still others, who had not
been detained, were placed under state of emergency
"restriction orders" which seriously curtailed their
antigovernment activities. In December the Government placed
stringent travel and contact restrictions on Govan Mbeki, the
recently released ANC leader, and rallies planned in his honor
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were banned. Banishment is still practiced in the
"independent" homeland of Transkei . The DPSC reported in
November that 14 people are known to be banished to remote
areas of Transkei.
Forced labor is not used in South Africa as a means of
political coercion or education or as a sanction against
political or ideological opinions.
e. Denial of Fair Public Trial
The South African judiciary is headed by the Appellate
Division of the Supreme Court in Bloemfontein and six regional
Supreme Courts. All judges of South Africa's higher courts
are white, as are the vast majority of its magistrates. They
are appointed to the bench by the State President. Their
service is until age 70, and they cannot be removed from
office except by impeachment by Parliament. By tradition,
judges of the Appeal Court and the Supreme Courts are
appointed to the bench from the ranks of the elite corps of
South African supreme court practitioners ("advocates").
South Africa has an adversarial system of criminal justice
drawn from a mixed heritage of Roman-Dutch and British
jurisprudence. Trials of lesser offenses are heard by
magistrates, who are career employees of the civil service in
the executive branch. More serious offenses, including
capital crimes, are tried in the Supreme Courts.
Determinations of guilt or innocence are made by the presiding
judge or magistrate. There are no juries. Judges in capital
and other serious cases are empowered to appoint two
assessors, who serve as factfinders and who have the power to
overrule the presiding judge on guestions of fact but not on
guestions of law. Defendants in criminal cases, including
"political" cases, have the right to counsel, but a 1987
survey showed that 80 percent of those convicted in ordinary
criminal cases had no representation. Courts usually appoint
counsel in capital cases where the defendant cannot afford his
or her own lawyer.
Persons charged with common crimes are presumed innocent until
proven guilty, although Parliament has modified this general
presumption of innocence for many security offenses. The ISA
effectively places the burden of proof of innocence on an
accused for a number of offenses enumerated in the Act. Both
security-related and common crimes cases are tried in civilian
courts. Security trials are often held in remote locations,
far from metropolitan areas, apparently in order to reduce
attendance at such cases by journalists, human rights
observers, and supporters of the accused. Because of case
backlogs, postponements, and the practice of hearing cases
concurrently, criminal trials, and particularly security
cases, can sometimes take months, even years, to complete.
The power of the South African judiciary at all levels is
circumscribed by stringent security legislation--rewritten and
tightened in 1987--and by the jurisprudential principle of
parliamentary sovereignty, under which judges possess no
authority to alter, strike down, or refuse to enforce properly
enacted acts of Parliament. Nevertheless, the courts have
been the focal point for much litigation to counter human
rights abuses. Since the state of emergency declaration in
June 1986, there have been a number of legal challenges to
both the state of emergency and to the legality of the
detention of persons under state of emergency regulations. In
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the initial months of the June 1986 emergency, the courts
ordered a small number of detainees freed and declared some
emergency regulations unlawful. In most cases, however, the
Government rewrote and reissued the regulations in ways that
effectively prevented further court challenges. Moreover, the
courts have consistently stated that the state of emergency
itself was lawfully declared. In some instances, the
Government has admitted abuses and reached out-of-court
settlements .
While South Africa's high courts have traditionally maintained
a high degree of integrity and independence, there were
indications during 1987 that the Government was seeking to
increase its political influence over the judiciary. The
Chief Justice of the Appeals Court agreed to remain in his
position past the mandatory retirement age of 70, apparently
in order to prevent a more liberal justice from succeeding
him. There was evidence that the Government was acting to
ensure that important security-related cases were heard only
by more conservative, progovernment judges.
The Delmas/Pretoria "treason" trial entered its third year
during 1987. It appeared that the Government was using the
unprecedentedly long trial to deny liberty to important
government opponents who are among the accused. It is
considered the most significant security/political trial in a
generation, involving charges of high treason, murder, and
other security offenses against 19 defendants who are members
of the UDF, AZAPO, and various black civic organizations.
Charges against 3 of the original 22 accused were dismissed in
November 1986. Three important government opponents among the
accused, Popo Molefe, Moss Chikane, and Patrick Lekota, all
prominent UDF officials, have been denied bail and kept in
custody throughout the trial. In March the trial judge
dismissed one of the two assessors for having signed a UDF
petition. The defense motion for a mistrial in the wake of
this unprecedented action was subsequently rejected.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The system of apartheid involves the Government in extensive
regulation of social, personal, and family life. A person's
identification as a member of an ethnic group or race is based
on definitions and decisions of the Government under the
Population Registration Act. Under this law, every child born
in South Africa must be registered and classified according to
race. In cases of dispute, such as when the parents' racial
classification is not known, a racial classification board is
empowered to weigh pseudoscientif ic "evidence" and to issue a
verdict on a person's race.
Under apartheid, association in many social settings is not a
matter of free choice. The Separate Amenities Act allows
public premises to be reserved for the exclusive use of
persons of a particular race, and a substantial degree of
social segregation, "petty apartheid," still legally exists in
South Africa. In recent years, however, the Government has
expanded the scope of administrative exceptions to apartheid
laws and has allowed most restaurants, hotels, theaters,
cinemas, private hospitals, parks, libraries, and other public
facilities, upon application, to admit persons of all races.
Many but by no means all private establishments have opted for
"multiracial" status. The Government has allowed local option
decisions on some social apartheid issues such as segregation
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of business districts. Some local authorities, notably in the
urban centers of Johannesburg and Cape Town, have used their
limited discretion to desegregate facilities under their
control, while others have not. By the end of the year, 55
city governments had desegregated central business districts
under an amendment to the Group Areas Act permitting such
action in commercial areas.
The Group Areas Act (GAA) of 1950 provides generally that
certain designated areas of land can be owned or lived on only
by individuals of specified races and that residential areas
must generally be segregated on the basis of race. Under the
Act, urban areas are designated for whites, coloreds, and
Asians. Blacks are disqualified from owning and from
occupying land in urban areas not designated for them.
Authority to designate black urban areas is established by the
Black Communities Development Act of 1958.
Interracial couples must reside in the area designated for the
less advantaged racial group, vitiating the benefits of the
repeal of the miscegenation laws in 1985. Notwithstanding the
GAA, a growing number of so-called gray areas exist in some
major cities, where blacks, coloreds, and Asians reside in
technically white areas, often without government
interference. Some private schools in white-designated areas
admit black, colored, and Asian students. Criminal
convictions for violations of the GAA have been rare in recent
years. Only 4 convictions resulted from 1,000 complaints
filed during 1986. However, during 1987 some groups and
individuals took it upon themselves to identify GAA violators,
with the objective of forcing the Government to act. A deputy
minister responsible for enforcement of the GAA told
Parliament in 1987 that he had personally reported violations
of the Act. In October the Government agreed in principle
that certain residential areas might eventually be opened to
all races upon local endorsement (with regional and national
review provisions). It also indicated, however, that existing
provisions of the GAA would be strictly enforced and
reiterated that it would not permit multiracial public schools
or seek repeal of the Separate Amenities Act.
For blacks, even the right to reside in a segregated urban
township is not available if one is deemed a "citizen" of one
of the "independent" homelands. Such persons are regarded as
aliens in "white" South Africa, and, notwithstanding their
birth in South Africa, are subject to restrictions similar to
those for any foreigner (see also Section 2.d. and Section 3).
They must obtain work permits in order to reside in urban
areas of "white" South Africa, and if they succeed in
obtaining a work permit, they may not be accompanied by their
spouses and children. Hundreds of thousands of such persons
are forced by housing shortages to reside away from their
families, often in overcrowded single-sex dormitories in urban
areas .
The Government owns virtually all urban black township
property and subsidizes a program of rental housing. Local
authorities in the black townships administer the program and
collect rents. In 1986 Parliament granted blacks the
opportunity to acquire permanent land tenure in appropriate
group areas. Previously, blacks had only been able to lease
land for 99 years, with the lease transferable and renewable
upon sale. At the end of 1987 only a few houses had been sold
to blacks on a permanent tenure basis, apparently due to
bureaucratic delays.
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Many urban townships are lacking in some or all modern
amenities, such as electricity and running water, but continue
to become more crowded as rural poverty drives many people to
seek jobs in urban centers. The restricted amount of land
available in the townships has driven up prices for housing
lots and led to corruption among township officials
controlling the allocation of these lots. Some declared
townships are little more than permanent shantytowns with
"houses" constructed of fiberboard and corrugated iron. The
lack of housing for blacks also has led to the development of
large squatter communities. A report by the Black Sash
organization estimated that some 5 million South African
blacks were without adequate shelter. Townships are often
located at extraordinarily long commuting distances from
cities, where most employment opportunities for South Africa's
blacks are found.
The Land Acts of 1913 and 1936 limit rural land to white
occupation, except for farm laborers whose numbers and freedom
of movement are regulated by a number of other acts. In
addition to the GAA, these Acts are the chief statutory bases
for the South African Government's practice of "forced
removals." Under these laws over the last three decades, the
Government has forcibly reclocated black South Africans from
"white" land, often to areas in the homelands with inadequate
infrastructure and insufficient land and water for profitable
agriculture. The South African Council of Churches (SACC) has
estimated that since 1961, the Government has forcibly
resettled approximately 3.5 million blacks, coloreds, and
Asians. Government figures issued in 1984 asserted that 2
million blacks had been resettled since 1960. In early 1985,
the Government announced a suspension of forced removals in
favor of a policy of negotiating with affected communities on
relocation issues. However, in July 1987, the State President
qualified this "no forced removals" pledge in a letter stating
that there would be no forced removal "unless it is
accompanied with the provision of better living conditions."
In some situations, however, the Government has engaged in
effectively coercive removals by refusing to maintain the
infrastructure of black communities it seeks to remove and
engaging in physical threats and aggressive actions aimed at
convincing reluctant people to "agree" to move.
On December 2 the Government forcibly removed some 600 people
from Noordhoek (near Cape Town) to a tent city in
Khayelitsha. Although the Government labeled them
"squatteis," some of the families removed had been in
Noordhoek for generations. Most lost their jobs in Noordhoek
as they were no longer close enough to commute. At the end of
1987, human rights groups were concerned that the Government
planned to forcibly remove several other "squatter"
communities around the country.
The Government continued its efforts to move the 8,000
remaining residents of the 60-year-old black community of
Oukasie, near the town of Brits, to a site near the
Bophuthatswana border. Many of these people opposed removal
on the suspicion that the community where they would be
resettled would eventually be incorporated against their will
into the "independent" homeland of Bophuthatswana, a move that
could strip them of their South African citizenship. In the
case of the people of the Mogopa clan, whose situation had
become desperate since their forced resettlement on arid land
in 1984, the displaced clan threatened to march en masse to
reoccupy their former land. The Government offered to find a
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mutually acceptable alternative site, and at the end of 1987
negotiations continued.
Studies completed during 1987 indicated that the Government's
policy of settling blacks on arid land far from population
centers was beginning to have serious consequences in the area
of nutrition as well as housing. The Operation Hunger
organization, in a survey of malnutrition, reported that South
African rural blacks, particularly those in the "independent"
homelands, may be more impoverished than rural Africans in
neighboring countries.
Various laws give police the authority in specific
circumstances to enter homes without a warrant, including
situations where an officer has reason to believe a warrant
would be issued but the delay caused by first obtaining the
warrant would defeat the purpose of the search. In practice,
police often enter and search homes of black activists as a
means of intimidation.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
During 1987 the Government took a number of measures to
further restrict both the local and foreign press. Despite
these restrictions, some segments of South Africa's largely
white-owned press continued, when possible, to engage in at
times vigorous criticism of the Government and its policies.
State of emergency regulations impair freedom of expression
and press by making "subversive statements" a criminal offense
(e.g., encouraging strikes, boycotts, or the promotion of
disinvestment) . The regulations also ban television coverage,
still photography, sketching, and radio recording from areas
covered by the state of emergency. Media may not report on
police or security force operations in "unrest situations,"
except as information, always limited, is released by the
Government. Penalties for infractions include fines up to
$8,000 and imprisonment up to 10 years.
In December 1986, the Government issued an even tighter set of
press restrictions which make it a criminal offense to publish
material on political unrest, detention cases, the treatment
of detainees, and various types of political activity without
prior government clearance. These restrictions greatly
reduced media coverage, particularly through television, of
political unrest.
In 1987 the Government repeatedly threatened to take action
against the press, particularly what it calls the "alternative
media," a group of mostly liberal newspapers, including
church-sponsored weeklies, not associated with the major
establishment publishing houses. In August new regulations
streamlined the method by which publications can be censored
and gave the Minister of Home Affairs the power to close a
publication for up to 3 months. These new measures further
curbed the ability of journalists to report on activities such
as labor disputes, "ext rapar liamentary" organizations, and
life and thought in the black community. The latest
regulations are sufficiently vague to create an atmosphere of
uncertainty among journalists, resulting in a situation in
which self-censorship is rife, and many newspaper editors must
surrender ultimate editing responsibility to their lawyers.
While there were no known convictions of journalists in 1987
under the various laws or regulations, some were detained (see
Section l.d.). In addition, journalists have experienced
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various forms of harassment, including the theft of personal
papers and stoning of their houses.
The Government also impeded the flow of information from South
Africa by refusing visa requests by foreign journalists or by
subjecting them to inordinate delays. In early 1987, the
Government refused to grant a visa for anyone to replace the
departing New York. Times correspondent; the paper subsequently
hired a South African citizen. In May American correspondent
Steve Mufson was expelled from South Africa, and Detroit Free
Press correspondent David Turnley was ordered to leave in
November. The Government reported that 238 foreign
journalists had been refused new or renewed visas during the
July 1986-May 1987 period.
Under the Publications Act (applicable to most periodicals,
with the exception of newspapers), the importation,
possession, and publication of politically or morally
"undesirable" works is prohibited. Materials subject to
censorship include those found to be "indecent or obscene,"
"blasphemous," or "prejudicial to the safety of the State."
Committee decisions are subject to review by a Publications
Appeal Board. The board's decisions are not subject to
judicial review, except in rare instances.
The Government exercises a near monopoly on television and
radio broadcasting through the state-owned South African
Broadcasting Corporation (SABC) . With some exceptions, SABC
reflects progovernment viewpoints both in its news reporting
and editorial policy. While the Government professes that
SABC is politically independent, a wide range of the political
spectrum, from the liberal Progressive Federal Party to the
right-wing Conservative Party, characterizes the SABC as an
editorial arm of the ruling National Party. In August the
State President personally intervened to change a television
news story concerning the resignation of colored Labor Party
leader Allan Hendrickse from the Cabinet.
b. Freedom of Peaceful Assembly and Association
The ISA seriously obstructs freedom of assembly, as it gives
magistrates the power to ban or impose conditions on the
holding of public meetings and to close off areas to the
public to prevent prohibited gatherings. A ban on all outdoor
gatherings except sports events or specially authorized
meetings, in effect since 1976, was renewed again in 1987.
Also banned are indoor meetings of many antigovernment
organizations, including the UDF, AZAPO, the Release Mandela
Campaign, and the DPSC. In 1987 tighter restrictions were
placed on funerals of political activists or victims of
unrest, limiting the number of mourners and prohibiting
political speeches. Police frequently arrested persons in
townships on charges of participating in illegal gatherings.
The Government also maintained a ban on a number of important
political organizations, including such as the PAC, the ANC,
and the Congress of South African Students.
During 1987 the Government continued a policy of hindering the
UDF by detaining key leaders. Although the movement contains
elements that adhere to the more revolutionary values of the
ANC, most UDF member organizations advocate nonviolent
political and social change. In October 1986, the Government
declared the UDF an "affected organization," meaning it could
no longer receive funds from abroad. This action was
subsequently overturned by a court ruling, and the
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Government's appeal of this decision was still pending at the
end of 1987.
A number of protest demonstrations on college campuses were
forcibly dispersed by police, resulting in many injuries and
arrests. In October the Minister of National Education and
Culture announced new regulations requiring universities to
curb antiapartheid protests on their campuses as a condition
for continued state funding. Several prominent university
officials rejected these conditions as representing
unacceptable restrictions on free speech, peaceful assembly,
and academic freedom, and many students, mostly at
English-speaking universities, demonstrated against the
regulations .
The South African Labor Relations Act recognizes the right of
employees to form and to join trade unions and to engage in
collective bargaining. In 1987 more than 2 million workers
were union members in a labor force of 12 million. Slightly
over a million of these union members were black, compared to
about 100,000 black union members in 1979, before blacks were
granted full status as employees and allowed to form trade
unions .
The Labor Relations Act does not cover the approximately 2
million farm workers and domestic servants (about one-sixth of
the total labor force). These workers, nearly all of whom are
black, enjoy few protections under the law. With the
qualified exception of KwaZulu, none of the homelands has
labor legislation to match the post-1979 reforms passed by the
South African Parliament. Ciskei and Transkei have banned a
major trade union active in the Eastern Cape (the South
African Allied Workers Union), and Bophuthatswana has
prohibited unions headquartered elsewhere from operating in
its territory.
The right to strike under the Labor Relations Act is qualified
by a mandatory prestrike conciliation process that can take as
long as 2 months to complete. Nearly all strikes in recent
years have been staged by black unions, and most of them have
been technically illegal. In certain circumstances, an
employer may fire a striker (whether the strike is legal or
illegal) on grounds of breach of the person's employment
contract. A 1985 opinion of the Industrial Court, however,
significantly improved the position of legal strikers. In
June 1987, the Industrial Court ruled that employees taking
part in "work stayaways" (such as one called to mark Soweto
Day on June 16) were not acting illegally as long as they did
not make economic or political demands on the employer.
In September the Government tabled before Parliament the
proposed labor relations amendment bill. Trade union leaders
feared that this legislation would make legal strikes more
difficult by giving state labor inspectors authority to
indefinitely extend the period of conciliation (during which a
strike would not be legal) at the request of one of the
parties in the dispute. The proposed amendments would also
outlaw sympathy strikes and boycotts and weaken the power of
the Industrial Court, which has a reputation for fairness.
This toughened legislation was seen as a response to a wave of
strikes in the first half of 1987. A strike of several months
by some 17,000 black workers against the government-owned
South African Transport Services was marked by violence and
destruction of property. In August approximately 250,000
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black mine workers engaged in a 3-week wage strike, the
largest work stoppage in South African history. Although the
National Union of Mineworkers failed to obtain the wage
increases it demanded, the massive strike demonstrated the
ability of black trade unions to mobilize workers and
articulate grievances.
South African trade unions are independent of the Government.
A few of them have links with a political party or movement,
including the all-white South African Confederation of Labor,
with about 100,000 members, which is widely believed to have
ties to the right-wing Herstigte Nasionale Party (HNP);
COSATU, which is a de facto ally of the UDF; and the United
Workers Union of South Africa, which is associated with
Inkatha. The Government does not prohibit trade union
relations with the international labor movement, but none of
the South African labor federations have chosen to affiliate
with any international labor organizations.
c. Freedom of Religion
South Africa has a wide variety of religious denominations,
and the Government generally respects freedom of worship.
Religious organizations are allowed to hold meetings and other
activities without interference as long as they do not
seriously challenge government policies. As with other
aspects of South African life, churches are often divided
along racial lines, but many churches (including a growing
number of white churches) challenge apartheid on moral
grounds. The Defense Act provides alternative service options
for religious objectors to national military service (whites
only are drafted). However, End Conscription Campaign (ECC)
activists maintain that such options are granted only rarely,
and that members of mainstream Christian churches never
qualify for these alternatives. Conscientious objectors on
nonreligious grounds continue to be subject to a maximum
6-year sentence for refusing to serve.
The Government is often at odds with a number of the country's
church leaders, some of whom are outspoken critics of the
apartheid system. These include Anglican Archbishop of Cape
Town Desmond Tutu; Rev. Allan Boesak, President of the World
Alliance of Reformed Churches; and Archbishop Denis Hurley,
Head of the Catholic Archdiocese of Durban. Some church
leaders, most notably Archbishop Tutu, have openly advocated a
range of actions by the international community against South
Africa. Such remarks drew heavy criticism from government
officials .
Churchmen have been frequent targets of detention, nearly
always without charge, both by South African authorities and
by police in the "independent" homelands. Sister Bernard
Ncube, President of the Federation of Transvaal Women, was
released in October after 16 months in detention. Dean Simon
Farisani of the Evangelical Lutheran Church was released from
detention in February but has remained abroad, fearing that he
would be restricted to the "independent" homeland of Venda
upon his return to South Africa. In March Father James
Paulsen, an American citizen, was released by the authorities
in Transkei, where he had been held without charge since
December 1986. Father Paulsen reported that he had been
tortured by Transkeian police during his detention. In
October Rev. Abram Maja, Executive Secretary of the Northern
Transvaal Council of Churches, was acquitted after being
charged with possession of subversive documents. Rev. Maja
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had spent over 1 year in detention, however, before having the
opportunity to defend himself in court.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Since the repeal of the pass laws in 1986, black South African
citizens are no longer required to carry government-issued
passes in order to prove to law enforcement officers their
right to be present in an urban area. While this represented
a significant reform, some government critics charge that a de
facto system of influx control has been maintained through
urban housing shortages, antisquatting laws, and sanctions
against employers who hire "illegal aliens" from the four
"independent" homelands. Regulations requiring "citizens" of
"independent" homelands to obtain work permits for employment
in the rest of South Africa could provide a basis for future
"deportations" of large numbers of people to the "independent"
homelands .
Assignments of blacks to homelands take place irrespective of
the wishes of those assigned and without regard to the fact
that they may not have been born, nor ever lived in or even
visited, their putative homeland. When a homeland is granted
"independence" by the Government, blacks assigned to that
homeland lose their South African citizenship and receive the
"citizenship" of the homeland. An estimated 8 million blacks
have lost South African citizenship under this policy by South
African legislation granting "independence" to four
homelands: Transkei (1976); Bophuthatswana (1977); Venda
(1979); and Ciskei (1981). Other homelands may be moving
toward such spurious "independence" (see Section 3).
In 1986 a new law provided for "restoration" of South African
citizenship to a limited class of blacks who were
denationalized as a result of homeland "independence"
grants--those with "permanent residence" rights in South
Africa. The Government has estimated that this reform will
apply only to about 1.75 million of the 4 million "citizens"
of "independent" homelands residing outside those homelands.
South Africans must possess valid travel documents in order to
travel abroad or to emigrate legally. These documents
generally are not difficult for whites to obtain, although
some white antiapartheid activists have been denied
passports. Blacks assigned to an "independent" homeland
usually experience difficulty in obtaining South African
passports as the Government takes the position that they are
not citizens of South Africa. In some instances, this has the
effect of deterring international travel as some blacks refuse
to travel on a homeland passport, insisting that the
Government recognize them as citizens of South Africa. In
1982 the Rand Supreme Court ruled that the Minister of Home
Affairs has the absolute discretion to revoke a passport
without giving any reasons for his action. The Government
often refuses passports to persons whom it regards as
radically critical of the status quo, e.g., in May to a number
of South Africans planning to attend a World Council of
Churches conference in Lusaka (including UDF Co-President
Albertina Sisulu and Bishop Solomon Serote of the Evangelical
Lutheran Church), and in September to Jay Naidoo, Secretary
General of COSATU, and several other prominent persons invited
to a major conference on South Africa in the United States.
Although South Africa is not a party to international
conventions on refugees, the Government provides informal
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sanctuary to as many as 225,000 Mozambicans displaced by civil
strife. These refugees are allowed to remain in the homelands
of KaNgwane and Gazankulu or work as farm laborers in the
eastern Transvaal. Those Mozambicans outside these areas
without permission who are apprehended are forcibly
repatriated to Mozambique without an interview to determine
whether they are refugees and whether they can be safely
returned. The Government reports it returns up to 1,800
Mozambicans per month. It is not known how many of these are
refugees and how many are economic migrants. Relief
assistance in the homelands is provided by South African
private and voluntary organizations as well as by the
International Committee of the Red Cross (ICRC), and the
Government permits access by international observers to areas
where these refugees are found.
The Government has taken harsh measures to prevent the entry
of more Mozambicans. It erected an electrified fence,
reportedly without warning signs, along the South African
border with Mozambique. In 1987 at least 40 people were
electrocuted while trying to enter South Africa.
The SACC estimates the total number of South African exiles to
be 250,000 or more. The number of South Africans who are
officially registered as refugees in neighboring countries and
benefit from assistance from the U.N. High Commisioner for
Refugees has not grown significantly since 1985 and remains
approximately 22,000. Most of these refugees are affiliated
in some way with one of the antiapartheid organizations in
exile.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The extent to which South African citizens have the right to
change their government democratically depends on race. The
majority of them, the blacks, have no such right. The new
Constitution created a tricameral Parliament with separate
chambers for whites, coloreds, and Asians. Officially
registered political parties may operate freely. The
respective groups are represented in the tricameral Parliament
on a racial ratio of 4/2/l--white/colored/Asian. Members of
each house are elected from separate, racially based voter
rolls. Each house has primary responsibility for its "own
affairs," i.e., legislation affecting its own racial
constituency. The State President has complete discretion to
decide which issues of general concern are to be treated by
all three chambers. If the three chambers fail to reach
consensus on legislation that has been declared to be "general
affairs," the bill may be referred to the President's Council,
an appointed body composed of whites, coloreds, and Asians,
for a ruling. If the bill is ruled on favorably by the
President's Council, the bill is deemed to have been passed by
Parliament. The ruling white National Party controls the
President's Council. The lines between "own affairs" and
"general affairs" are not always precise. Matters that are
usually considered general affairs include foreign policy,
defense, national security, and black affairs. Education is
normally dealt with as an "own affair" but is subject to
general laws prescribing norms and standards for salaries,
curriculum, and examinations.
The terms of the new Constitution and the existence of a white
majority in Parliament ensure control by the white House of
Assembly over key general affairs. While there is opposition
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in the House of Assembly, the majority National Party has
controlled South African political power and legislative
affairs since its first parliamentary victory in 1948. Within
the National Party, opinions on reform of the apartheid system
range from moderate to reactionary. Internal differences are
in theory resolved in party caucuses, but in practice the
State President, who is also the National Party leader,
resolves disputes. In elections in May among white voters,
the ruling National Party won 123 of the 166 white House of
Assembly seats. The Conservative Party replaced the
Progressive Federal Party as the official opposition, gaining,
along with the far right-wing HNP, 30 percent of the total
vote .
In August Allan Hendrickse, leader of the colored House of
Representatives, resigned his cabinet position to protest
delays in repealing apartheid laws and threatened to veto the
Government's plan to delay the 1989 "white election" until
1992. At the end of 1987, Indian House of Delegates leader
Amichand Rajbansi was the only non-Afrikaner member of the
Cabinet .
Political participation for blacks, who have no representation
in Parliament, remains limited to a franchise in their
respective homelands or, in the case of urban blacks, to a
franchise enabling them to vote for black local government
officials. In 1987 the SAG continued to be committed to the
"grand apartheid" scheme of eventually giving "independence"
to more homelands. The Government announced agreement in
September between it and representatives of Lebowa , QwaQwa,
Gazankulu, and KwaNdebele to give more autonomy to these
homelands. In December the Government announced that the
large black township of Botshabelo, near Bloemf ontein, had
been incorporated into the homeland of QwaQwa. According to
opinion polls, residents of Botshabelo had strongly opposed
this move. At the end of the year, rumors persisted that
QwaQwa was also slated for "independence," but there was no
official confirmation of this.
KwaNdebele had been slated in December 1986 to be the fifth
homeland to become "independent." The Government reassessed
these plans, however, because of continuing political violence
in the homeland and revelations of extensive corruption and
criminal allegations against George Mahlangu, the KwaNdebele
Chief Minister. At the end of the year the issue was still
unresolved, and the situation in KwaNdebele remained tense.
In December the Government announced that the township of
Ekangala near Pretoria had been transferred to KwaNdebele.
More than 10 million blacks live in townships near white urban
areas. The only voting rights they are able to exercise are
those granted under the Community Councils Act of 1977 and the
Black Local Authorities Act of 1982. The latter Act elevated
the formal status of black municipal authorities to that
enjoyed by white municipal governments. However, black local
governments still face critical problems of inadequate
financial resources and lack of political credibility.
Although violence against black town councillors decreased in
1987, they continued to be viewed by most blacks as
collaborators with the Government. In many areas, seats on
town councils remained vacant due to community opposition., and
many who did serve on these bodies were forced to live in
guarded, fortified compounds. In late 1987, the Government
claimed that 85 percent of local black authorities vjere fully
functioning .
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The Government has proposed some formulas to give blacks a
limited role in the political process. Legislation in 1985
replaced all-white provincial councils, which oversee
utilities and other local services, with multiracial Regional
Services Councils (RSC's), with no racial group to hold more
than 50 percent of the seats. The Government, however, has
failed to draw any blacks with popular support into the
RSC's. Representation on the RSC's is allocated according to
the amount of utilities the various areas consume, a formula
which results in black areas receiving only a small percentage
of the seats. In 1987 the Government proposed a national
council, a body to which blacks would be elected or appointed
to serve in an advisory capacity regarding a new
constitutional political structure for South Africa. The
national council has been denounced by all major
extrapar liamentary groups as a device to give the appearance
but not the reality of power sharing. At the end of 1987, a
parliamentary committee was reviewing the proposal with
particular regard to the disproportionate representation
envisioned in the original bill, which would leave whites in
control of the council.
In November the Government launched the Natal/KwaZulu Joint
Executive Authority ( JEA) , which will administer various
government services in the province, but will not exercise any
legislative powers. Some observers saw the JEA as the first
step towards a multiracial provincial legislature, such as
envisioned in the Indaba (see below), while others
characterized it as a move to preempt the Indaba.
The Indaba--a convention representing all racial groups and a
wide range of social and political organizations--met for
several months in 1986 to formulate proposals for a new
constitution for a unified KwaZulu/Natal . It was initiated by
politicians outside the Government, and the ruling National
Party had observers but no participants in the Indaba. The
proposals provide (among other provisions) for a bill of
rights, firm constitutional guarantees of individual
liberties, and a universal franchise to elect a bicameral
legislature. The Government has not endorsed the Indaba
proposal but has yet to make a formal cabinet response.
Indaba leaders are continuing with plans for a widespread
education campaign among the voters (of all races) of KwaZulu
and Natal, leading eventually to a referendum on the proposals,
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government extends little cooperation to various United
Nations bodies or private organizations attempting to
investigate the Government's human rights record. During 1987
the Government permitted the International Commission of
Jurists to send a delegation to investigate the human rights
situation in South Africa. The Government refused numerous
requests by foreigners to meet with Nelson Mandela.
Since the October 1986 vote of an International Red Cross
conference in Geneva to expel a South African government
delegation from the conference, the Government has permitted
the ICRC to maintain only a reduced staff in South Africa.
The ICRC continues to negotiate with the Government for access
to all prisoners arrested for security-related offenses,
including those detained under the state of emergency. In
1987 the ICRC did not visit any category of prisoners.
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including those several hundred security prisoners who were
visited in previous years.
Many South African organizations observe, report, and contest
human rights violations in the country. In addition to black
political organizations, the Lawyers for Human Rights, the
Black Sash, the Legal Resources Center, the SACC, the DPSC,
the ECC, the Center for Applied Legal Studies, the Human
Rights Trust in Port Elizabeth, and other groups are actively
involved in a wide range of human rights issues and assist
persons who suffer from the application of apartheid and
security laws. The annual report of the SAIRR is a key source
on human rights questions in South Africa. In December 1986,
the Government entered restriction orders against a number of
Black Sash, DPSC, and ECC leaders, prohibiting them from
engaging in certain types of political activity.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social status
South Africa's black majority and, to a somewhat lesser
extent, the colored and Asian communities, suffer from
pervasive, legally sanctioned discrimination based on race in
political, economic, and social aspects of life. For example,
in the area of education, according to SAIRR, per capita
expenditure for education during 1984-85 was 6.22 times
greater for whites than for blacks. In 1987 the Government
announced a 40 percent increase in spending for black
education, but reiterated that separate educational facilities
would be maintained. Black enrollment at "white" universities
has been growing slowly. After the 1984-86 political unrest,
which disrupted education in many of the country's townships,
most black students ended their school boycotts in 1987.
Security forces maintained a strong presence around schools in
many of the major townships, and student activists were often
harassed or detained.
In August Parliament removed the last statutory authorization
of racially based job reservation by repealing a law which had
reserved 13 categories of skilled and supervisory occupations
in the mining industry for whites. However, the draft
regulations to replace these provisions would still severely
limit the number of blacks who could compete for these
positions by imposing language, citizenship, and education
requirements .
Women of all races in South Africa suffer varying degrees of
legal, cultural, and economic discrimination, most of which is
based on tradition rather than codified in law. Women
traditionally earn lower wages than men and are generally
underrepresented in the country's political and business
establishment. No women presently serve as ministers in the
Government. Two women serve as members of the State
President's Council. Five of the 178 seats in the
Parliament's white House of Assembly are held by women. The
colored House of Representatives has two women members, and
the Asian House of delegates has one. Women have generally
achieved more success in electoral politics at the local than
at the national level.
Black women suffer not only from extensive legal
discrimination under South Africa's system of apartheid, but
also from other legal disabilities based on sex. Black women
are regarded by South African law as perpetual minors.
Maternity benefits are not guaranteed to women of any race
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under South African law, and pregnancy is a legal basis for
dismissal from a job. A women's rights movement has taken
hold in South Africa, and women's organizations, often
multiracial, have been at the forefront of the struggle
against both race and sex discrimination.
CONDITIONS OF LABOR
The Government released the following unemployment statistics
in 1987: whites, 3.5 percent; coloreds, 10.7 percent; Asians,
10.8 percent; and blacks, 17.5 percent (not including the
"independent" homelands, where unemployment is much higher).
Many private observers believe that this greatly understates
actual unemployment, as many blacks do not register as
unemployed. Private estimates of total black unemployment
(including the homelands) are in the 25 to 30 percent range.
In some areas, especially in the eastern Cape, black
unemployment rates are dramatically higher, reaching over 50
percent .
The Labor Relations Act of 1956 provides a mechanism for
negotiation between labor and management to set industry-by-
industry minimum wage standards. At present, some 101
industries come under the provisions of the Act. There is no
universal minimum wage in South Africa. The Occupational and
Safety Act prohibits the employment of minors under the age of
16 in certain industries. The Act also sets forth minimum
standards for employment, including a standard workweek of 46
hours in most industries, as well as vacation and sick leave.
The Machinery and Occupational Safety Act mandates minimum
standards for the design and use of certain types of
industrial machinery and the standards are enforced.
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Sudan's young parliamentary government faced a series of
problems in 1987, including civil war, a deteriorating
economy, and the necessity to maintain the fragile governing
coalition. Despite mounting problems, Sudan's democratic
system operated with openness. National issues were aired,
contested, and debated in a variety of public forums,
including the media. Individual rights of Sudan's citizens
were generally respected by the Government in areas firmly
under its control, but the record was severely blemished in
the contested areas and towns of the south and west.
Prime Minister Sadiq al-Mahdi's majority coalition of the Umma
and the Democratic Unionist (DUP) parties was dissolved by
interparty squabbling in May and again in August, only to be
reconstituted essentially intact each time. A five-man
Council of State, selected by the ruling parties, and approved
by the Constituent Assembly, shares executive power with the
Council of Ministers. Under represented in the Assembly because
conflict precluded elections in 37 of the 68 constituencies,
Southerners are nonetheless an active part of the political
scene in the capital. The goal of holding a national
constitutional conference to redress Southern grievances and
end the civil war remained unmet at the end of 1987.
The Sudanese People's Armed Forces (SPAF) a 60,000 member army
supported by a small air force and navy, is responsible for
both external and internal security. To supplement regular
troops, the Government has armed several tribal militias in
contested areas. These forces confront the Sudanese People's
Liberation Army (SPLA) , led by John Garang, throughout the
vast territory of the three southern provinces. Martial law
is in effect in the southern part of the country controlled by
the Government, but much of the territory in the south
experiences no effective rule.
Against the background of civil strife, with a burden of about
1 million refugees from neighboring countries and another
estimated 2 million internally displaced persons, the economy
continued to deteriorate in 1987, with a further drop in
export earnings, high inflation, high unemployment, and
growing foreign debt ($11 billion). Severe pockets of hunger
arose, attributable to civil war, inadequate rainfall,
dislocations of people, and plagues of locusts and rats. With
assistance from the International Monetary Fund (IMF), the
Government introduced a politically unpopular but vital
economic reform program in October 1987, The program includes
austerity measures such as a currency devaluation, import
restrictions, and subsidy reductions which have caused general
economic hardship and spawned demonstrations and riots. The
Government is likely to face continued popular opposition to
the program as further reforms are enacted. Although it is
too early to judge the success of the reforms, the
international donor community has strongly supported the
reforms, since they are a critical element for revitalizing
the economy.
Overall, the human rights situation deteriorated in the south,
where the civil war continued unabated. The SPLA expanded
operations during the June-October rainy season, then further
extended operations north along the Ethiopian border in
December. Fighting was occasionally fierce. As evidenced by
dislocations, massacres, and attacks on civilian targets,
innocent people were caught in the crossfire and turmoil of
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war. In particular, government-armed militias were involved
in several massacres. Humanitarian food relief efforts for
the south were frustrated by both sides. The SPLA attacked
food relief convoys, and the Government was reluctant to move
relief supplies due to security concerns and fears that the
supplies would go to the insurgents.
Sudan's overarching legal debate centered on whether to
maintain Shari'a law--a Koranic legal system which provides
for harsh corporal punishments--as a national legal system
applicable to all persons regardless of religious persuasion.
The Shari'a law issue has been the major obstacle to peace in
Sudan's civil war. In 1983 former President Gaafar Nimeiri
imposed a stiff version of Shari'a law known as the "September
laws." Nearly all Sudanese agree that the "September laws"
should be replaced. The Government, dominated by northern
Muslims has insisted that the "September laws" are a
misapplication of Shari'a law and should be replaced with a
Shari'a code faithful to the Koran. A very large majority of
southerners, who are nearly all either Christians or animists,
strongly oppose any form of Shari'a law. At the end of 1987,
the Government was considering an alternative code to replace
the "September laws" with stiffer evidentiary requirements.
The new code would also reportedly reduce, though not
eliminate, corporal punishments. Fifteen out of 168 elements
of Shari'a law were eliminated in December. They involved
minor offenses. The repeal of some additional elements of
Shari'a law are expected in early 1988.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There have been few reported cases of political killing. One
reported case concerned a Southerner, Nuka Ngor Baak, Director
of the Forestry Department in Bahr el Ghazal Province, who was
abducted from his home on May 14, 1987, allegedly by men in
military uniform. His body was later found nearby.
Northerners claim that the SPLA engages in political killings,
although lack of access to the SPLA-control led areas prevents
investigation.
b. Disappearance
As as result of movements of people because of war and
intertribal conflict, many people have lost touch with friends
and families. However, these problems appear to be mostly due
to inadequate communications rather than to arbitrary or
deliberate actions by security forces. There have been no
reports of disappearance as a result of deliberate government
policy.
In July in the southern town of Mundri, the SPLA abducted four
foreigners (three Americans, one British), who were connected
with missionary organizations. They were released in August,
unharmed but in poor health. Three Catholic priests similarly
held in captivity for 3 months were released on October 13. A
fourth priest remains captive. The SPLA apparently holds
several government soldiers and pilots as prisoners of war.
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c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
While still officially in effect, "hadd" punishments of the
Islamic "September laws", including amputations and hanging,
have not been applied since April 1985 when Nimeiri was
overthrown. Flogging does occur, but less frequently and less
severely than prior to the 1986 change of government.
According to the chairman of the Sudan Human Rights
Organization, there are over 400 convicted prisoners in Kober
and Omdurman prisons awaiting confirmation of amputation
sentences by the high courts. All such sentences are
currently in abeyance. In a well-publicized case, two
convicted armed robbers were sentenced to cross amputation
(hand and foot) in May 1987. Amnesty International sponsored
a letter-writing campaign appealing to Prime Minister Sadiq,
asking for clemency. The Prime Minister appointed a commission
to look into the case. The review had not been completed at
the end of 1987.
Outside the combat zones, reports of torture are rare, but
police treatment of persons under arrest is sometimes brutal.
Amnesty International has received reports of ill-treatment of
prisoners, including the use of leg irons on prisoners
awaiting amputations. In general, prison conditions are poor,
but local treatment of prisoners varies considerably, from
shackling prisoners to allowing them to go home at night.
There have been reports of torture and execution of prisoners
by military forces on both sides in the southern conflict.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Sudan's code of criminal procedure, modeled after British law,
requires a warrant by a magistrate for arrest. Arrests made
at the scene of a crime must be followed by a statement of
charges within a specific period of time. The accused must be
informed of the charges against him and permitted legal
counsel. Only certain capital offenses do not permit bail.
However, Sudan's legal system includes measures under the
state of emergency which gives the Government wide powers of
arrest and preventive detention, which technically could be
invoked at any time.
On September 3, the Government ordered the release of 38
political detainees. They were members of the former regime
who had been detained without charge or trial under the 1985
state of emergency regulations. Among the prominent persons
released were Rashid el Tahir and Bedr el Din Suleiman, both
of whom had held senior posts under Nimeiri.
In southern and western areas, military authorities are
empowered to detain people without charge if suspected of
cooperation or sympathy with the rebellion. There are no
reliable reports of how many persons are so detained. In
September, however, members of the Sudanese National Party,
the dominant party in the Nuba Mountains, reportedly were
arrested following SPLA attacks on government forces in the
area .
In April Sudanese police arrested the Chairman and Secretary
of the Sudan Railway Workers Union in Darfur on unspecified
grounds. According to a Union memorandum, the two were still
in detention in late 1987, with no indication when they would
be brought to trial.
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There were no known cases of involuntary exile or forced
labor. However, slavery arose as a major political issue in
1987. Observers allege that no Sudanese government has ever
been strong enough to completely eradicate the centuries-old
practice of slavery and that traces of it still exist in parts
of western Sudan.
Ushari Ahmad Mahmoud and Suleiman Ali Baldo of the University
of Khartoum maintain that 3,000 Dinka tribespeople are held in
slavery by the Rizeiqat Arabs. They interviewed escaped
slaves and witnesses to the enslavement of others. Following
denials that slavery exists in the Sudan by the Prime Minister
and the Foreign Ministry, the southern-run English language
newspapers, Sudan Times and Heritage, began carrying
interviews with, and pictures of, escaped slaves. The
National Islamic Front (NIF) party, the largest opposition
party in the Parliament, also attacked the Government on the
slavery issue, questioning its denials and calling for
independent investigations. At his press conference in
September, the Prime Minister characterized reports of slavery
as defamatory, politically motivated, and slanderous.
The Sudan Human Rights Association decided in September to
investigate charges of slavery, with the assistance of the
Sudan Bar Association. A law faculty member of the University
of Khartoum was sent to Al Daein to investigate, but his
report had not been released as of the end of 1987.
A Sudan Catholic Bishops' Conference document, sent in August
to the Prime Minister, referred to the existence of a slave
market in Abyei, Southern Kordofan.
e. Denial of Fair Public Trial
In 1986 Parliament abolished the executive power to form
special State Security Courts, thus ensuring that trials of
political prisoners would take place henceforth in the regular
criminal courts.
The judicial process involves a police or magistrate
investigation, a field report, an arrest warrant, the arrest,
and a trial before a panel of three judges. The appointment
of judges is made by a committee within the judiciary,
generally considered independent of political forces. Trials
are public except in rare cases where the accused requests a
closed trial. Defendants have the right to present evidence,
speak on their own behalf, and to obtain legal representation.
There are legal aid services for the poor, but their resources
are limited. The Attorney General's office tries to apportion
4egal aid to those facing serious charges and to those most in
need. A case may be appealed through the full series of courts
from the magistrate level to the High Court of Appeals.
In rural areas, it is customary tribal law which is usually
observed and enforced, even though most cases in the provinces
are heard by judges from Khartoum who may be generally
unfamiliar with specific tribal laws. Rural disputes most
often concern land, water, or women.
On April 11, the Appeals Court, after reviewing the case of
ex-Vice President Omar el Tayeb, reduced his life sentence to
less than 13 years. Tayeb had been convicted for bribery,
treason, and violations of immigration and civil aviation
laws. Tayeb is rumored to be in poor health and was
transferred from a provincial prison to a hospital ward in the
capital .
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f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Outside the combat zones, there were few complaints of
governmental interference with the privacy of ordinary
Sudanese citizens. Displaced Southerners and non-Sudanese
refugees in the Khartoum area, however, have been rounded up
and either detained or fined for not having their documents
with them.
In March and April 1987, Khartoum authorities carried out a
campaign known locally as "kasha" or forced expulsion of
refugees back to camps. Many refugees had their legal
documents and possessions confiscated or destroyed, and were
physically abused, sometimes raped, and, in a few cases,
killed. After a domestic and international outcry, the
campaign was dropped. The Prime Minister publicly denied that
"kasha" was practiced. Other members of the Government,
including the Commissioner of Khartoum, expressed the view
that refugees were responsible for many of Sudan's economic
ills. There is also a widely held perception among
Northerners that the large number of displaced Southerners in
Khartoum is a potential security threat. Furthermore,
representatives of pro-Islamic political groups hold the view
that refugees, most of whom are non-Muslim, dilute the
"religious purity" of Khartoum and other northern regions.
According to government critics, a second "kasha" campaign
started in late 1987, when the Khartoum police randomly began
to destroy shelters of displaced Southerners in the Khartoum
area in an effort to force them to leave. While there is no
known centrally directed policy, the Government has taken no
preventive actions and, according to critics, tacitly condones
the practice.
g. Violations of Humanitarian Law in Armed Conflicts
The most serious violations of humanitarian law in 1987
involved charges of massacres and slavery and are directly
related to the 4-year-old civil war between the Government and
the SPLA. The SPLA draws much of its support from the Dinka
tribe, some of whom traditionally inhabit the Bahr el Ghazal
region. To their north live Arabic-speaking Muslim tribes
such as the Rizeiqat and Missiriyyah. In 1986 the Government
began a policy of arming militias from the latter tribes for
the stated purpose of protecting them against the SPLA. The
addition of these improved weapons exacerbated age-old tribal
conflicts over water holes and grazing areas. Critics charge
that, instead of using their weapons to fight the SPLA, the
militias have used them to raid Dinka areas, steal cattle and
other possessions, and take some Dinka children into slavery.
Government officials, conversely, explain that traditional
relations between the tribes had been good until SPLA attacks
on the Muslim tribes north of the traditional dividing line,
the Bahr el Arab River, began. Such an attack, they say,
occurred last March near Al Daein in Southern Darfur. In
response, the Rizeiqat massacred a group of Dinka civilians
who had been rounded up by the local police and taken to the
Al Daein train station.
At the end of 1987, there had been no fully objective and
impartial investigation of the Al Daein massacre. The
Governor of Darfur's initial investigation involved three
senior government officials, two of whom reportedly are from
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the Rizeiqat tribe. They spent a single day in Al Daein and
returned, reporting that there had been 228 casualties. In a
press conference, the Prime Minister, reporting the team's
conclusions, said that only 182 Dinka had been killed in the
incident and that the Rizeiqat had not been responsible. In
their report on the Al Daein massacre. University of Khartoum
lecturers Ushari Ahmad Mahmoud and Suleyman Ali Baldo maintain
that more than 1,000 Dinka were killed by Rizeiqat Arabs.
Because of the controversy over the Al Daein massacre, the
Prime Minister on September 15 issued a decree setting up a
national committee to look into the Governor of Darfur's
report on the Al Daein events. The committee is charged with
defining the responsibilities of regional officials, assessing
losses on both sides, and proposing means for preventing a
recurrence of such incidents. The committee's report has not
been circulated publicly, and the committee has not made any
statements .
Another massacre occurred in Wau, the capital of Bahr el
Ghazal in September. Wau is inhabited primarily by Dinka and
Fertit tribesmen, the latter of whom also formed a government-
armed militia. According to many reports, starting in May
there were repeated incidents in which the army and the Fertit
militia killed persons from the Dinka tribe. One incident
occurred August 11-12, following the firing of a missile by
SPLA forces at a military aircraft. The army rounded up a
number of civilians from the town, who, as reported by most
accounts, were killed by Fertit militiamen. A member of
Parliament from Bahr el Ghazal, Joseph Modistu, said in
Parliament that travelers from Wau had told him 2,000 were
killed by the army. Other sources have put the number between
100 and 250.
The second incident in Wau was sparked when, in an argument, a
government soldier shot an old woman and a Dinka policeman. A
major battle resulted, with the army and the Fertit militia on
one side and mostly Dinka police and game wardens on the other.
Accounts also vary as to the number of persons killed, but
most claim that over 100 persons died. On September 14, Abdul
Rahman Ali Taha, the majority party's leader in Parliament,
agreed to a select parliamentary committee to investigate
massacre reports from Wau, but the committee had not been set
up by the end of 1987.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The print media are free and freewheeling. Each political
party has its own newspaper. In addition, other newspapers
present a full range of opinions from the Islamic right to the
Communist left. There are three English-language newspapers,
including one daily, which tend to be pro-south and
antigovernment . These newspapers reported extensively on
human rights abuses in Sudan including the massacres in the
south .
There are signs, however, that the Government is considering
placing limits on press freedom. Since the election campaign
of 1986, which was characterized by widespread and unrestrained
freedom of expression by Sudan's numerous political parties
and newspapers, the Government has expressed concern with
abuses of freedom of speech and press. The Prime Minister and
other government officials made a number of statements in 1987
critical of the press for allegedly publishing inciteful
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material, rumors, lies, and comments on sensitive national
security matters. The Prime Minister told Parliament in June
that he would introduce tough press controls. After his
authority to ban newspapers was removed in October, he
submitted new press legislation to the Assembly, but the terms
of the new proposal had not been made public at the end of the
year .
Radio and television are state owned and operated in Sudan,
and tend to support government policies.
In October Ushari Ahmed Mahmoud, co7author of the report on
the Al Daein massacre and the slavery issue, was arrested for
calling the Prime Minister a liar, after the Prime Minister
had strongly castigated Ushari "s report on slavery. Ushari
was rearrested on December 26 under Sudan's sedition law for
allegedly writing a leaflet denouncing the Government and
supporting the SPLA. He was released on bail December 30 and
awaits trial.
b. Freedom of Peaceful Assembly and Association
The Government limits assembly and association on security
grounds. Khartoum and other provincial cities were the scenes
of numerous public demonstrations in 1987, often by students
in protest against economic-related conditions. There have
been, however, occasions when violence erupted and security
forces fired on demonstrators and property was destroyed.
This happened in September during demonstrations in Blue Nile
Province and in Northern Kordofan Province and again in
October, during demonstrations in Khartoum against a
government agreement with the IMF.
In 1987 police and military reinforcements, reacting to
student demonstrations protesting lack of school supplies and
teachers, sometimes opened fire. Fourteen students were
killed in one demonstration at a secondary school in Northern
Kordofan.
The Government cracked down on student unrest at the University
of Juba, the only national university in the south, following
student protests against the chancellor's appropriation of
student facilities for other purposes. Protesters were
arrested, released by a judge, then rearrested by order of the
governor. The incident escalated, leading to the closing of
the university for a year. The Southern Sudan Political
Association, one of the southern political parties, protested
and called for the Vice Chancellor's removal. The Prime
Minister spoke in support of the Vice Chancellor and the
closure of the university, claiming it was affected by the
violence characteristic of life in the south.
Averring opposition to demonstrations that transfer the
decisionmaking power from the Constituent Assembly to the
street, the Government prohibited public marches on October
18. It also cited the civil war, an increase in violent
crime, and the large number of refugees in the country as
reasons for the prohibition. The order, which will remain in
effect until the civil war is ended, exempted two categories
of marches: those expressing the will of the whole nation and
those of a ceremonial nature.
The Sudanese labor movement played an active role in the
overthrow of Nimeiri in 1985 and the formation of the
Transitional Military Government leading to restoration of ■
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democracy in 1986. The 1985 transitional Constitution,
amended in March 1987, provides for the right of workers to
organize and bargain collectively. The primary labor
organizations are the Sudanese Workers Trade Union Federation
(SWTUF) and the Sudanese Employees and Clerks Federation
(SFETU) . The SWTUF represents blue-collar workers and has
been a stable organization since 1985. Its white-collar
counterpart, the SFETU, however, is undergoing major changes.
In December 1987, the Government passed an ordinance which
split the SFETU into three separate federations: employees,
professionals, and teachers. There is also a trade union
alliance, which is an informal lobbying group comprised mostly
of white-collar workers and professionals.
Strikes are legal, except in the judiciary, armed forces, and
police. The law stipulates, however, that the process of
negotiations and arbitration must run its course before a
union may strike. Strikes in September 1987 by such unions as
the farm workers and veterinarians were considered "illegal"
by the Government because the unions had not first submitted
their grievances to arbitration.
c. Freedom of Religion
Sudan is a multireligious country. Both Islam and
Christianity are formally recognized as religions of Sudan,
but adherents to other religious beliefs are not legally
restricted. The people of five northern provinces and the
capital are predominantly Muslim, while those from the three
southern provinces are animist and Christian. Religious
differences have been a source of friction among the various
groups, and the civil war has strong religious overtones.
The Government is concerned that the war not be seen by the
outside world solely as a Muslim-Christian conflict and often
describes it as Ethiopian-sponsored Communist aggression. The
Government sometimes portrays it differently to Sudanese,
however. In one document, the Government described five
northern regions as "Dar el Islam," or the land of Islam, and
the southern regions "Dar el Harb," which means both war zone
and enemy territory and, in Islamic law, non-Muslim country.
Government officials have also made statements accusing some
Christian churches and church personnel of cooperation with
the rebels.
The Christian Sudan Council of Churches (SCC) is involved in
efforts to end the war and backed a trip in September by
representatives of southern political parties to Addis Ababa,
Kampala, and Nairobi, to meet with leaders of the SPLA to
discuss peace. The prosouthern press reported that the
Government was angry at the SCC for supporting the trip and
thus indirectly the SPLA.
In August the Sudan Catholic Bishops' Conference submitted to
the Prime Minister a long list of discriminatory actions
against Christians which the Conference believed were threats
to peace. These included: the continuance of Islamic laws;
the refusal by various government bodies in several parts of
the country to allow Christian organizations to use,
construct, improve, or buy land for buildings for religious
purposes; the harassment of southerners, especially the Dinka;
and the looting and burning of the Catholic church of Al Daein
and the killing of the priest's assistant in March 1987.
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In August there were reports that militiamen from Arab tribes
in Southern Kordofan, belonging to a group known as the
General Union of the Arabs, burned down a number of churches
in El Karkariya and El Katmur, and killed Pastor Mathew el Nur
and family after setting his house ablaze.
With the exception of the Communist Party, political parties
in Sudan tend to be based on either a religious sect or tribal
group. Non-Muslims sometimes reach high- levels in the military
and the civil service. There are 3 Christians in the 20-member
Cabinet, and 1 on the 5-man Council of State. The current
coalition partners of the Government, the Umma Party and the
Democratic Unionist Party (DUP) , are based in the Ansar and
Khatmiyya Islamic orders, respectively. The opposition
National Islamic Front (NIF) is composed of fundamentalist
Muslims. The transitional Constitution now in effect retains
Islamic law and custom as the main sources of legislation, and
most Southerners oppose it as inherently discriminatory
against them. A perennial major issue of debate in the
Constituent Assembly remains proposed amendments to the
Constitution which redefine but retain Islamic law as its
basis. The NIF advocates retaining strict Islamic law, while
the Umma and DUP may accept some recognition of Christianity
and other religions as sources of legislation in addition to
Islam. Southern deputies and the SPLA advocate return to a
secular constitution.
Christian law graduates are required to take a proficiency
examination in Islamic Shari'a law in order to practice law in
Sudan.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within the country is impeded by the civil
war and the inadequate transportation infrastructure, as well
as by government restrictions. Sudan continues to require
exit visas for anyone leaviRg the country, a requirement that
can be used to restrict individuals from foreign travel.
Unmarried women cannot travel alone but must be accompanied by
a family member or other sponsor.
Foreigners must register with the police upon entering the
country, obtain permission to move from one location to
another, and register again upon arriving at the new location.
Sudan's foreign refugee population, which consists largely of
Ethiopians, Ugandans, and Chadians, is estimated to fluctuate
between 800,000 and 1 million. The Government seeks to settle
refugees in the countryside, where they can receive assistance
from foreign private and multilateral relief agencies.
However, large numbers also come to the cities, especially the
capital area, in search of jobs, shelter, and food.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In Sudan's multiparty parliamentary system, the principal
institutions are the 301-member Constituent Assembly, the
20-person Council of Ministers, and the 5-member Council of
State. Government is based on a transitional Constitution.
The current Assembly was elected in 1986 to a 4-year term in a
free and fair election. Since then, a coalition government,
consisting of the two largest parties in the Constituent
Assembly, the Umma and the Democratic Unionist (DUP) Parties,
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has ruled the country. There are two women in the Assembly
and one in the Cabinet. Women and men have equal voting
rights .
The goal of holding a national conference to draw up a new
constitution remains unmet, and a special ministry, created in
1986 to oversee its convening, remains without a minister.
Many Sudanese consider that convening of this conference is
necessary to bring an end to the civil war.
Regional government for many parts of Sudan is ineffective.
In some areas, most notably in the south and far west, basic
responsibilities, such as providing security, are beyond the
reach of local officials. The Government is considering
restoration of tribal administration in the provinces, a
practice begun by the British but discontinued under President
Nimeiri. While criticized by secular intellectuals and
nationalists during and after the colonial period, the system
of tribal administration is seen in retrospect to have been an
effective way to keep the peace.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is sensitive to criticism of its human rights
performance at home or from abroad, most recently on the issue
of slavery. As noted, the Government sharply criticized Dr.
Ushari Ahmad Mahmoud, the author of the report on the Al Daein
massacre and slavery, and detained him briefly in October
without charge.
The Ministry of Foreign Affairs, in a public statement
September 1, denied slavery was practiced in Sudan and
threatened to take action against "the enemies who are
attempting to smear the good name of the country abroad."
Some government officials apparently believed that personnel
of Western relief agencies were the sources for reports of
human rights events from rural areas. The Government's action
(currently in abeyance) in September 1987 to expel three
relief agencies from Sudan may be related to this issue.
With government permission, Amnesty International has formed
local chapters in the cities of Wad Medani and Khartoum.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Sudan's population of 21.1 million (1984) is composed
primarily of two distinct cultures--Arab and black African.
Sudanese, especially those on the periphery, resent the
Government's emphasis on central and northern Sudan, where the
population is most fully arabized. Historically, all of
Sudan's governments have featured political and economic
domination by northern Muslims (approximately 13 million).
Non-Arab and non-Muslim groups in the ethnically diverse south
and among the Nuba of the Kordofan Mountains, and partially
arabized Muslim groups, such as the Fur in the west and the
Beja in the east, have begun mobilizing to demand a greater
share of the nation's economic development and political power.
Southerners coming north looking for work or to escape the war
face social discrimination by the Muslim Arab majority. Rents
may be artificially raised to keep southerners or refugees
from residing in certain areas. Southern students, unable to
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attend schools in the war zones, have had difficulty finding
places in the northern schools. In 1987 many displaced
Southerners were subjected to police harassment or imprisonment
for failure to have the proper identity documents, and some
were caught up in the "kasha" campaign.
Men and women retain traditionally segregated roles, and
Sudanese laws favor men. For example, under the Islamic law
of inheritance, women receive only half as much property as
men. The incidence of female circumcision, although illegal,
remains high and is ingrained in the culture of many groups.
Owing to tradition and social circumstances, women receive
less education than men, although legally they are entitled to
equal opportunities. They also have fewer employment
opportunities, but some women play an active role in
government, the professions, the media, and higher education.
CONDITIONS OF LABOR
Sudanese labor laws and practices, by and large, embrace
international standards. The workweek is limited to 6 days
and 48 hours, with a 1-day rest period on Friday. Laborers
are given an extra month's pay for each year's labor. Most
workers receive allowances for transportation and soma for
housing. However, with the recent devaluation of the Sudanese
pound, many unions are seeking better employment terms.
Presently, the prescribed monthly minimum wage is approximately
$30 for blue-collar workers, and $96 for white-collar
employees. Annual raises must be at least 5 percent of the
annual salary. Salaries in private industry are generally
higher than those in the public sector. The minimum age for
workersisie.
Sudanese laws prescribe health and safety standards but, in
general, factory conditions are poor. Enforcement of
environmental standards is minimal. Unemployment and
underemployment are major problems in Sudan, particularly
among youth. Graduates, even of such prestigious schools as
Khartoum University, face severe difficulties in finding any
type of employment after completing their education.
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Swaziland is populated almost entirely by ethnic Swazis and
governed as a modified traditional monarchy. All executive,
legislative, and judicial powers are vested in the King, who
is advised by the Queen Mother, both of them traditional
figures, and the Ministers of the Cabinet. The King rules
according to traditional Swazi law and custom, never codified
but ultimately determined by the King and his advisors. Great
emphasis is placed on obtaining consensus as the basis for
executive decision. Swaziland's Government features both
"modern" and "traditional" branches--a cabinet, parliament,
and courts which follow Western law, and a tribal hierarchy
with "national" courts which follow traditional Swazi law and
custom. The modern Cabinet is appointed by the King from
among Members of Parliament and is responsible to him.
Political parties are outlawed, and an organized political
opposition to the Government in the sense of a multiparty
system does not exist. Parliament, which has limited
authority, consists of the House of Assembly and the Senate.
There is no constitution in effect. Swaziland's 1965
Constitution, which contained a bill of rights at independence,
was repealed by King Sobhuza II in 1973 on the grounds that it
introduced political practices which were incompatible with
the Swazi tradition of decisionmaking by consensus.
National defense is provided by the Umbufto Swaziland Defense
Force, consisting of fewer than 3,000 troops. The Royal Swazi
Police are the primary internal security force. These forces
are not able to cope with the spillover from the southern
African regional conflicts. Both African National Congress
(ANC) militants and South African security forces created
difficulties in 1987, the former attempting to use Swaziland
as a base, the latter entering Swaziland to attack the ANC.
Swaziland has an open, free economy with large export firms
that are frequently foreign owned. The Government continues
to promote private sector development and free enterprise.
Eighty percent of the population is engaged in subsistence
farming .
There are significant restrictions on the exercise of human
rights in Swaziland, including on freedom of speech and
assembly and political rights. The Government is sensitive to
negative or potentially insulting remarks about the King and
Swazi traditions. In 1987 the Government responded to the
publication of an article critical of the Incwala, a
traditional royal ceremony, by arresting four persons involved
in writing, translating, printing, and distributing the
article and charged them with sedition. They were tried
before the High Court in late September but had not been
sentenced by the end of 1987. Following the death of King
Sobhuza II in 1982, a schism developed within the Swazi royal
family revolving around the replacement of the former King's
designated Queen Regent and Prime Minister in August 1983.
This dispute came to a head in 1987 when 12 influential
decisionmakers thought to be connected with the events of 1983
were detained.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports or allegations in 1987 of political
killings by agents of the Government. However, several
incidents involving ANC targets occurred during the year which
were reminiscent of those committed by South African forces in
1986. On May 22, three people, including one ANC member, were
killed when their car was attacked. On July 9, two persons,
later confirmed to be ANC members by the National Executive
Committee of the ANC, were killed by unidentified gunmen
shortly after arriving in Swaziland.
During the year, incidents of violence and major robberies
increased, some involving fatal shootings which have been
blamed on Mozambicans illegally in Swaziland. In response to
these incidents, the Swazi Prime Minister issued a statement
in July calling on neighboring states to respect Swaziland's
independence and territorial integrity. Illegal entry and
violence perpetrated across Swazi borders are beyond the
ability of Swaziland's small security forces to control.
b. Disappearance
There was one report of a disappearance in 1987. According to
local press reports and ANC statements, an ANC member was
kidnaped from her home outside Mbabane on May 23 and taken to
South Africa by South African police agents. The Swazi police
report no record of this incident. South African authorities
confirmed in 1987 that an ANC member abducted in 1986 from
Swaziland is in prison in South Africa facing charges of
treason and terrorism. The South African Government denies,
however, that the South African police were involved in the
abduction as alleged.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture, as a rule, is not practiced in Swaziland. However,
there were some reports of police threats and beatings in the
handling of common criminals and suspects. In one case, a
high court judge, after acquitting two wardens of having
beaten to death an inmate at the Matsapha central prison,
noted that, although the crown prosecutor had failed to
provide adequate evidence to prove guilt, evidence suggested
that the prisoner was murdered in prison. Defendants often
charge that confessions have been extorted by the police,
especially in trials dealing with ritual murder. These
charges by the defense are sometimes found to be substantiated
by the judges. Caning is occasionally administered to youths
involved in either petty or violent crimes. Prisons are often
unsanitary and have low nutritional standards for the
prisoners, a condition which probably reflects the country's
economic limitations rather than any intent to inflict
punishment. Prisoners are allowed visits from family members,
and the main prison includes facilities for teaching manual
trades .
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d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Swazi law requires warrants for arrests in all but certain
exceptional circumstances. These exceptions, however, are
poorly defined, and in practice police who have strong
suspicions about a suspect do not normally seek a warrant.
The police are allowed to hold a person for a "reasonable
time" without charge. In some cases, this has led to persons
being detained without charge for considerable periods. Such
detainees are allowed to consult with a lawyer of their own
choosing, though some attorneys have had difficulty gaining
access. Provision for bail exists.
A 1978 detention law permits the Government to detain any
person without charge for a renewable period of 60 days. This
law, not utilized since 1985, was invoked several times in
1987. In May the Swazi police arrested 12 leading figures in
Swazi society on the basis of a 60-day detention order signed
by the Prime Minister. The Swazi Cabinet, shortly after the
arrests, announced that the 12 were suspected of involvement
in the 1983 replacement of the late King's designated Queen
Regent. Detention orders for 11 of the 12 were subsequently
extended for additional 60-day periods. The 11 detainees were
charged with high treason before a special tribunal on November
20, 1987. The twelfth original detainee was sentenced in July
for illegal possession of mandrax and is not charged with
treason. One detainee was released in July due to poor health
on the condition that he would stand trial together with other
detainees when charges are filed. These detainees reportedly
have been carefully attended to while in prison.
On May 19, the leader of a local religious organization, the
Rhema Church, was arrested for having written an article in a
monthly church publication deemed to be insulting to the King.
He was charged with sedition under the 1938 Sedition and
Subversive Activities Act, as amended in 1983, and granted
bail by the High Court on May 22. On May 25, he was again
arrested, this time under a 60-day detention order which was
extended for an additional 60 days in August. No additional
charges were filed after the issuance of the detention order.
The bail posted to gain release on May 22 has not been
returned. In June and July, three additional persons involved
in the translation, printing, and distribution of the Rhema
Church article were arrested and expeditiously charged with
sedition and granted bail. None has been rearrested. In
October the High Court of Swaziland convicted three of the
four persons charged with sedition in connection with the
Rhema Church publication. In passing judgment, the Court
ruled that persons may be deemed to have committed a seditious
act, although such may not have been their intention, if the
objective effect of their action is to induce hatred of or
contempt for the King, his heirs, or the Government of
Swaziland. This interpretation makes it easier to obtain
convictions and increases the effective scope of the Act.
Detention under the 1978 detention law is not subject to
appeal to the courts, though it may be appealed directly to
the Monarch. In some instances, detainees have been held
incommunicado under this law.
Forced labor does not exist in Swaziland.
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SWAZILAND
e. Denial of Fair Public Trial
The right to a fair public trial is provided for by law and is
honored in practice, although the court president can order a
trial to be held in camera in certain cases (e.g., rape). The
Prime Minister can also require that a trial be held in
private, but this is rare and has not been done for several
years. Those accused are presumed innocent until proven
guilty.
In sedition cases, the Prime Minister, if he is of the opinion
that the security of Swaziland may be involved, may order that
proceedings be held in camera before a special tribunal
appointed by the King. The special tribunal may, if it deems
appropriate, adopt rules and procedures apart from those
applied in the High Court. This special tribunal has never
been convoked. However, in November the King further expanded
the power of the Government by convoking a second special
tribunal to judge the 11 persons charged with treason (l.d.
above) . The judgments of the special tribunals are not
subject to appeal, and the persons tried are not entitled to
legal representation but must conduct their own defense.
Penalties provide for imprisonment for a period not to exceed
20 years, a fine not exceeding 20,000 emalangeni
(approximately $10,000), or "any penalty recognisable under
Swazi law and custom."
The modern judiciary consists of a Court of Appeals, a High
Court, and various subordinate magistrates' courts which are
independent of executive and military control and free from
intimidation from outside forces. Many members of the
judiciary are appointed from the bars of other countries with
compatible legal systems. The current Chief Justice, for
example, is an Englishman. In magistrates' courts, the
defendant is entitled to counsel at his or her own expense.
Court-appointed counsel is provided in capital cases or where
difficult points of law are at issue. There are well defined
appeal procedures up to the Court of Appeals, the highest
judicial body.
In traditional courts, where ethnic Swazis may be brought for
offenses and violations of Swazi traditional laws or customs,
legal counsel is not allowed, but defendants may speak on
their own behalf. Swazi traditional law has not been codified.
Findings are subject to a review system and appeal to the High
Court and the Court of Appeals. Accused persons who desire
counsel can insist that their cases be transferred from the
traditional courts.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Swazi custom places a high value on home and family. In
general, Swazi law requires a warrant issued by a magistrate
before police may search homes or other premises. However,
senior police officers are permitted to search for evidence
without a warrant if the suspected crime is of a serious
nature. This exception is frequently used. While there is no
evidence that the Government actively monitors private
correspondence or conversation, the Swazi police have been
known to apprehend and interrogate persons who reportedly had
made objectionable statements about the King during the course
of private conversation and in telegrams.
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SWAZILAND
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is limited. The previous Prime Minister
stated that Swazis critical of the Government should express
their views only to their chiefs for discussion in traditional
Swazi councils. Academic freedom does not extend to permitting
direct attacks on government figures or policy. Antigovernment
demonstrations or leaflets are regarded as seditious. Swazi
radio and television stations are government controlled, and
there is also a semiofficial newspaper. Private companies and
church groups publish several newspapers and magazines.
The media, both government controlled and private, practice
self -censorship, refraining from critical comment on sensitive
government activities or on controversial issues involving the
royal family. The arrest of four persons in connection with
an article published by the Rhema Church highlights the
resolve of the Government to control written commentary on
issues directly affecting the Monarchy. The Government has
occasionally proscribed publications, including foreign
publications, deemed to be prejudicial to the interests of
defense, public safety, or public health. Two major South
African publications, banned in 1985 because of critical
articles on Swazi domestic politics, remain excluded. No new
bannings occurred in 1987.
b. Freedom of Peaceful Assembly and Association
King Sobhuza ' s proclamation of April 12, 1973, reaffirmed by
King Mswati's proclamation amendment decree of 1987, prohibits
meetings of a political nature and processions or
demonstrations in any public place without the consent,
sometimes withheld, of the Commissioner of Police. In
practice, however, no permit is required for most gatherings.
Except for the prohibition of certain antigovernment activity,
freedom of association is generally permitted. Trade
associations and professional bodies exist in Swaziland and
maintain relations with recognized international bodies in
their fields.
The Industrial Relations Act (IDA) of 1980 reaffirms the right
of trade unions to exist, organize, and associate freely. It
also provides for an Industrial Court for the settlement of
employment disputes. A High Court judge presides. The
Industrial Court is empowered to hear and decide trade
disputes and grievances, to register collective agreements,
and to enjoin organizations from striking or continuing to
strike. Strikes are rare--although several occurred in
1987 — and are generally considered to be "un-Swazi" by the
Government and most of the population. The Government
generally intervenes to reduce the likelihood of a strike,
which may not be called legally until all avenues of
negotiation have been exhausted. The Labor Commission can
then issue a 14-day postponement, which can be extended if
additional documentation is presented. Where the national
interest or welfare is concerned, the Minister of Labor can
forbid a strike or can refer the dispute to the Industrial
Court.
Trade unions have widened the scope of their activities since
1981 but, since most Swazis are subsistence farmers, unions
are unimportant in the economy and have little political
influence. They are able, within limits, to operate
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independently of government or political control. The
Government is, however, sensitive to international influences
on Swazi unions and refused in 1986 to allow an international
meeting of trade unionists to take place in Swaziland. The
Swaziland Federation of Trade Unions, the union umbrella
organization, participates in the International Labor
Organization and is a member of the Organization for African
Trade Union Unity.
c. Freedom of Religion
Swaziland is traditionally hospitable to all religious
beliefs, informally considers itself to be a Christian
country, and permits a wide variety of foreign missionary
activity. Organized religions are free to establish places of
worship and train clergy. No licenses are required for such
organizations or in order to publish religious texts, nor are
there any bars to religious travel outside the country. At
the same time, the authorities promote the observance of Swazi
customs, where adherents reap an advantage in public life.
When these customs conflict with religious beliefs, there are
occasional difficulties. In the past, the Government has
insisted that pastoral letters criticizing social injustice
constituted political interference.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Swazis may travel and work freely within Swaziland.
Citizenship is not revoked for political reasons. Swazis
generally can obtain a travel document to travel to some
states in southern Africa, but the Government occasionally
refuses to issue a passport if the applicant does not appear
to have adequate means of support while abroad. Citizenship
for nonethnic Swazis and persons of mixed heritage can be
difficult to establish, creating problems in obtaining
passports and other civil documents.
Swaziland is a signatory to the U.N. Protocol Relating to the
Status of Refugees and treats displaced persons from
neighboring states well. The largest number of recognized
refugees is the 7,000 primarily ethnic Swazis from South
Africa who fled Zulu administration in the black South African
homeland of Kwazulu. In recent years, a large number of
Mozambicans have entered Swaziland illegally to escape the
drought and the escalating civil conflict in Mozambique and to
seek employment. Approximately 35,000 displaced Mozambicans
currently reside in Swaziland, of whom approximately 5,500
have been recognized by the Government as refugees and granted
asylum. In most cases, Swaziland permits the United Nations
High Commissioner for Refugees (UNHCR) to interview the asylum
seeker first and grants asylum if the person can argue
convincingly that he or she will face persecution if
repatriated. In some cases, apprehended illegal Mozambicans
are deported. Refugees who leave Swaziland on U.N. travel
documents (e.g., for study abroad) are sometimes not allowed
to return. As in previous years, the Swazi police arrested a
number of non-Swazi ANC activists in 1987. They were turned
over to the local UNHCR representative for transfer to
countries (primarily Tanzania and Zambia) willing to receive
them.
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Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In practice, Swaziland is ruled by the King-in-Council . This
means that ultimate policy decisions are made by the Monarch
after obtaining the advice of the royal family, the senior
chiefs, the Cabinet, Members of Parliament, and various
interested parties. This consultation takes place in private,
and public debate of political matters under consideration by
the Monarch is rare. Legislation is passed by the Parliament
and is then submitted to the Monarch for assent--which may be
withheld. While political power is not confined to the royal
family, it is concentrated there. This system is essentially
a version of the traditional Swazi form of government. It
provides for extensive consultation and depends on slow
consensus building. It also places a premium on Swazi ethnic
descent and especially on royal or other traditionally prized
connections. The second most powerful person in the Kingdom
is traditionally the Queen Mother, and other women are
prominent as well. After the death of the King, the heir to
the throne is chosen from among the King's sons by senior
members of the royal family.
While Swazi citizens are unable to change their top executive
or political system via the electoral process, they do
participate in democratic selection of representatives.
Members of Parliament (50 in the House of Assembly and 20 in
the Senate) are chosen in a complex process involving the
interaction of a 7-member electoral committee, 40 traditional
districts, 80 electors, and the King's appointive powers.
King Mswati III dissolved the present Parliament on September
25, 1987 and new elections were held on November 5, 1 year
earlier than they would have occurred had Parliament run its
usual 5-year term. The Parliament serves as a forum for
examination and criticism of government policies, but matters
are seldom pressed to a vote and, when they are, unanimity is
usually the result.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There is no organization in Swaziland which actively
investigates human rights matters as part of its normal
activities. However, the Swaziland Conference of Churches and
the Anglican and Catholic Bishops in Swaziland have sometimes
looked into and commented on human rights matters.
The Government is not known to have received any requests for
investigation or information from international human rights
organizations in 1987.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Unique Swazi governmental and social traditions unavoidably
create differences between ethnic and nonethnic Swazis.
Nevertheless, Swaziland makes a special effort to welcome the
full participation of non-ethnic Swazis in its life. A
significant expatriate community exists, especially
concentrated in the business and missionary areas. The
population's needs and aspirations are met on a generally
nondiscriminatory basis.
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SWAZILAND
Traditional values are a major influence on the role of women
in Swazi society. Since men are away from their homesteads
much of the time, women perform most agricultural tasks and
have responsibility for virtually all child rearing and
domestic chores. However, they are not given authority to
make family decisions, and, in some cases, are not legally
equal to men. A married woman, unless her position had been
defined by a prenuptial agreement, is virtually a minor under
the law. She is not responsible for contracts she signs, and
she cannot, except in rare instances, hold real estate or
inherit property in her own nam.e. She must normally obtain
her husband's permission to borrow money, to leave the country,
and, in some cases, to take a job. A woman divorced in a
traditional court has no right to the legal custody of her
children, although she may have to care for them with no
support from their father. In the modern or statutory courts,
custody is awarded according to the interests of the child,
and maintenance for wives granted custody is generally
provided.
The Employment Act of 1980 forbids employers to discriminate
among employees because of race, religion, sex, marital
status, or political affiliation. It requires equal pay for
equal work. Even so, around 75 percent of all wage-paying
jobs are held by men, and their average wage rate by skill
category is higher than for women. However, women have access
to schools and constitute around half the student body in
nearly all institutions. There has been a significant
increase in the number of women who are lawyers, medical
doctors, and members of other professions.
CONDITIONS OF LABOR
There is extensive legislation, notably in the Employment Act
of 1980, protecting worker health and safety, with child labor
receiving special attention. The workweek in the modern
sector is 48 hours per week. There is no overall minimum
wage. The following are examples of minimum wages currently
in effect for certain job sectors based on the presumption of
a 48-hour workweek: casual labor, $0.21 per hour; cementer
$0.34 per hour; store clerk, $0.42 per hour; machine operator,
$0.45 per hour; laboratory technician, $1.52 per hour.
The Employment Act contains provisions covering the employment
of children, maternity leave, and domestic employees. No one
may employ a child below the age of 15 in an industrial
undertaking, except in cases where only family members are
employed in the firm, or in technical schools where children
are working under the supervision of a teacher or other
authorized person. Legislation limits the number of night
hours which can be worked on school days and limits such work
overall to 6 hours per day or 33 hours per week. However,
such provisions may be difficult to enforce due to the small
size of enforcement staff. In 1987 the Ministry of Labor and
Public Services conducted a safety survey of 28 industrial
establishments and determined the average yearly accident rate
to be too high. Consequently, the Ministry of Labor and
Public Services directed employers to introduce accident
prevention programs and reminded them of their responsibility,
under the Workmen's Compensation Act of 1983, to report all
accidents to the Swazi Labor Office within 7 days of
occurrence.
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TANZANIA
Tanzania was formed in 1964 when mainland Tanganyika united
with the newly independent island of Zanzibar. Julius K.
Nyerere served as President from the independence of
Tanganyika in 1961 until 1985. In 1985 Nyerere voluntarily
retired and sanctioned the election of Ali Hassan Mwinyi, the
former President of Zanzibar and First Vice President of
Tanzania. Nyerere, however, remains as before the chairman of
the Chama Cha Mapinduzi (CCM) , the sole legal political
party. The party attempts to control activity at all levels
of society through its system of 10-family cells. Zanzibar is
ruled by the same party as the mainland but exercises a
considerable degree of autonomy.
More than 40,000 men participate in the Tanzanian People's
Defense Forces (TPDF) . Paramilitary units consist of a police
marine unit, a police field force, and a large citizen's
militia .
Tanzania is one of the world's poorest countries. Its
population of 22 million, growing at 3.3 percent per year, has
an annual per capita income of approximately $240. In 1986
the Government launched an economic recovery program which has
been supported by the International Monetary Fund, the World
Bank, and Western donor governments. Bilateral debt
rescheduling allowed the resumption of a substantial U.S.
development assistance program in 1987. In response to
economic reforms and good weather, Tanzania's per capita
income in 1986 increased for the first time in this decade.
The 1984 Zanzibar Constitution includes a bill of rights which
provides for freedom of movement, speech, religion, and
association. The addition of a similar bill of rights and
obligations in 1985 to the National Tanzania Constitution and
amendments to the Criminal Procedure Code and Preventive
Detention Act increased public awareness of legal rights,
especially in regard to proper procedures for arrest and trial.
At the time of its passage in 1985, the bill of rights was
suspended for 3 years by Parliament. All laws which would now
be unconstitutional under the bill of rights must be revised
by March 1988. Revisions are to be made by Parliament on the
basis of recommendations of the law reform commission; however,
no changes were made from 1985 through 1987. The Legal Aid
Committee at the University of Dar es Salaam began publishing
a bulletin and holding legal aid camps in rural areas in 1987
to educate Tanzanians on their rights under the new bill of
rights .
Despite the progress toward implementing a bill of rights, the
Government still severely restricts freedom of speech, of the
press, of association, and of movement. In 1987 forced
repatriation of refugees from Tanzania occurred when 3,500
Burundis, including 350 recognized refugees, were expelled to
Burundi. The year also saw a startling increase in the number
of killings of elderly women suspected of witchcraft.
Approximately five people were in preventive detention at the
end of the year.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no reported cases of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited by law, and the Tanzanian Government
opposes torture as a matter of policy. However, torture and
other forms of mistreatment are occasionally used on an
unauthorized basis by police and prison authorities, mainly in
the form of beatings. This occurs typically either at the
time of apprehension, when a suspect is first taken to a
police station, or during the subsequent criminal
investigation. Police have shot and killed fleeing suspects.
Amnesty International has in past years expressed concern
about the use of torture by police interrogators. The use of
such force has been severely criticized by the government
press. Police officials have been sentenced to lengthy terms
of imprisonment for abuses of suspects and prisoners.
Prison conditions are poor, largely as a result of Tanzania's
economic difficulties and not because of a deliberate
government effort to subject prisoners to inhumane conditions.
In 1987 the Government announced it would institute new court
and bail procedures to reduce the number of accused in remand
prisons. President Mwinyi declared an amnesty releasing 1,800
prisoners in May and another 835 in December.
Mob justice sometimes occurs in both cities and rural areas,
and in 1987 mobs killed several suspected bandits and
disfigured others. Traditional defense groups in central
Tanzania, the Sungu Sungu and Wasalama, which in the past were
encouraged by both government and party officials to help
eliminate cattle rustling, often use such extreme tactics
against rustlers. In 1987 the Government announced plans to
control the defense groups' operations through supervision by
government and party leaders.
In June, 20 women were killed in witchcraft riots in Shinyanga,
resulting in an exodus of elderly women from their villages to
towns where they have become homeless beggars. No action was
taken by the Government.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Preventive Detention Act allows, upon a written order from
the President, the arrest and indefinite detention without
bail of any person considered dangerous to the public order or
national security. A detainee has the right to challenge the
grounds for his detention in a court of law at 90-day
intervals. In October 1987, the High Court heard the petition
of two persons who were detained 12 months by presidential
order without being informed of the reasons for their
detention or allowed to challenge the detention order within
the required time limits. The court noted that the
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TANZANIA
Government rescinded the detention order in July 1987 and that
it was now holding the detainees under the Deportation Act,
which also permits the detainees to challenge the detention
order. These were the first long-term detentions reported
under President Mwinyi . In March 1987, the names of 11 people
in detention were published in the Government Gazette. Since
then, four have been released and two convicted, leaving five
persons in detention, including the two mentioned above held
under the Deportation Act and three apparently detained
earlier under President Nyerere.
In 1985 the Preventive Detention Act was amended to require
that detainees be released within 15 days of their detention
or informed of the reason for their detention. Although the
Act was extended to Zanzibar in 1985, no one was known to have
been detained there under its provisions in 1987. The Court
of Appeals, the highest court in Tanzania, ruled in 1986 that
time spent in prison in preventive detention cannot be
considered to be time served for the accused's subsequent
conviction and sentence under the penal code, although the
court may take such time served into account when imposing its
sentence.
The 1985 amendments to the Criminal Procedure Code requiring
that a person arrested for a crime, other than a security
charge under the Preventive Detention Act, be charged before a
magistrate within 24 hours, raised public consciousness
concerning legal rights at the time of arrest. It also made
the police more cautious about making arrests without good
cause. However, the new criminal procedure amendments also
restricted the right to bail. It limited judges' discretion
in granting bail, and imposed strict conditions on freedom of
movement and association when bail is granted. In 1987 judges
usually followed the recommendations of prosecutors in granting
or denying bail. The legal community in Zanzibar believes
that the new amendments to the criminal procedure code do not
apply to Zanzibar, which retains the less restrictive old
system of the right to bail in all cases except murder and
treason.
The Economic and Organized Crime Control Act of 1984, which
replaced the Economic Sabotage Act of 1983, placed persons
newly accused of economic crimes within the procedural
safeguards of normal judicial process, giving defendants the
right to attorneys and, under certain conditions, bail.
Because these cases are heard in special sessions within the
court system, it is difficult to determine the number of
arrests for economic crimes in 1987. In 1987 the President
ordered the removal of 18 cattle rustlers to isolated southern
regions under the Act, which allows such removal when a
person's actions endanger peace and security.
With regard to forced labor, the International Labor
Organization (ILO) continues to express concern over laws
requiring unemployed persons to work in communal agriculture
and development projects.
e. Denial of Fair Public Trial
Tanzania's legal system is based on the British model with
modifications to accommodate customary and Islamic law in
civil cases. Trials are open to the public and the press.
The court must give its reasons on the record for holding
proceedings in camera. Criminal defendants have the right of
appeal. Military courts do not try civilians, and there are
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TANZANIA
no security courts. Defendants in civil and military courts
may appeal decisions to the High Court. Lower Court
magistrates are appointed by the Chief Justice of the Court of
Appeals on the recommendations of two judicial service
commissions. Judges of the High Court and the Court of
Appeals are appointed by the President after consultations
with the Chief Justice.
While an independent judiciary is constitutionally mandated,
some members of the legal community, including judicial
officers, have complained that the legal system is being
corrupted through bribery. Police and Lower Court officials
are often bribed to delay the process of investigation and
trials. Although the 1985 amendments to the Criminal
Procedure Code were supposed to lessen court congestion, in
1987 it was taking from 2 to 3 years for an average case to
come to trial. The Government initiated double-shift court
sessions and urged courts to open on time in 1987. The
Government provides free legal counsel to those charged with
treason and murder. In Dar es Salaam, the Legal Aid Committee
of the Tanganyika Law Society and the Faculty of Law at the
University of Dar es Salaam offer legal services to indigents,
but their resources are severely strained, and most indigents
do not receive legal representation. The Magistrates Courts
Act of 1984 bars advocates from appearing in primary courts
(similar to the small claims courts in the United States),
although a person who wishes legal representation may transfer
the case to District Court.
Under the 1984 Zanzibar Constitution, the people's courts,
which did not provide defendants the right of legal
representation, were abolished. The island's court system now
parallels the legal system of the United Republic of Tanzania
but retains Islamic courts to handle Muslim family cases such
as divorce, child custody, and inheritance. Cases concerning
Zanzibar constitutional issues are heard only in Zanzibar's
courts. Beginning in 1985, all other cases may be appealed to
the Court of Appeals of the United Republic of Tanzania. In
1987 the Court of Appeals held its first sessions in Zanzibar,
hearing criminal and civil appeals.
In 1987 the appeal of nine defendants sentenced to life
imprisonment in a 1985 treason trial was dismissed by the
Court of Appeals. Also in 1987, five persons arrested for
assisting in the escape of two of the original defendants were
sentenced to from 2 1/2 to 3 years in prison. Three of the
five convictions were overturned on appeal.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although party membership is voluntary, the Government uses
the party structure to intervene in the private lives of its
citizens. The CCM has party cadres covering the smallest
units of society. Cells vary in size from single family homes
to large apartment buildings and may contain from 10 to several
hundred persons. Unpaid "10-cell" leaders are the party
officials responsible for resolving problems at the grassroots
level and reporting any suspicious behavior or event within
their neighborhoods to authorities.
Various ordinances allow the removal of "undesirable" or
destitute persons from one area to their prior place of
residence or origin if no work is found for them. In 1987
groups of hawkers, suspected criminals, beggars, and unemployed
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persons were rounded up in Dar es Salaam and other cities under
these ordinances. The city of Dar es Salaam has a Human
Resources Department to assist the urban unemployed in finding
productive work rather than return them to the rural areas at
government expense.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is provided for under the
Constitution but is limited in practice. Tanzanian citizens
show few inhibitions about criticizing the political system in
private conversations but are cautious in public statements.
The mainland Government owns the only English-language daily
newspaper, the National Press Agency, and the mainland radio
facility. The Zanzibar Government operates a radio and
television station. The Swahili-language paper, which has a
daily circulation of 100,000, is owned by the party. The
Newspaper Act, which allows government search and seizure of
any publication without a warrant and withdrawal of the
license to publish at any time, makes the launching of a
private newspaper or magazine extremely difficult. There is a
monthly Catholic newspaper with a circulation of 120,000 which
covers largely religious news. The official media, as organs
of the State, usually present a unified point of view on
important policy matters and do not criticize the premises of
government domestic or foreign policies. The Government
encourages the media to publish articles and letters to the
editor criticizing corruption, mismanagement, and "economic
sabotage" in the government ministries and state-owned
corporations. Such reporting is not without risk: In 1987
police beat a newsphotographer who was taking pictures of
evicted tenants. One weekly newspaper column, "Society and
the Law," was removed when it became too critical of the
Government .
Visiting foreign reporters are required to register with the
Government and obtain a permit. They are then allowed
considerable freedom, including access to government and party
leaders. Journalists and photographers can fall victim to the
widespread fear of South African espionage and have been
detained for short periods of time until their bona fides were
established.
Academic freedom is officially guaranteed, but in practice
most academicians, relying on the government-run educational
system for their livelihood, limit their exploration of
sensitive subjects. Under the Films and Stage Plays Act,
films may be censored. The importation of foreign publications
is not prohibited, but it is limited by the acute shortage of
foreign exchange.
b. Freedom of Peaceful Assembly and Association
Given the nature of Tanzania's one-party system, the freedoms
of public assembly and association are limited. Permits must
be obtained through the Government for any public meeting,
political or otherwise. Student organizations are party
controlled, and students are inhibited from public criticism
by concern that their future employment prospects may be
jeopardized. A number of professional business, legal, and
medical associations exist, but they are careful to
concentrate on nonpolitical topics. Under the societies
ordinance, all associations must be registered with and
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TANZANIA
approved by the Ministry of Home Affairs. Candidates for
office in major sports clubs and cooperatives are screened by
the appropriate government ministry, which also supervises
their elections. No organizations which would compete with
party organizations are approved, including labor unions.
There is only one labor union, Juwata, an organ of the party.
No other unions may operate. All business and government
offices with more than a few employees are required to have a
Juwata chapter. Juwata represents about 60 percent of the
workers in the industrial and government sectors. Juwata,
however, has little influence on labor policy. Wages are set
by the Government, and Juwata does not bargain collectively on
behalf of the workers. At the local level, it promotes
employee welfare by filing grievances against employers,
usually involving pay disputes. Grievances which cannot be
settled in the workplace are taken to the Permanent Labor
Tribunal, whose decisions on the merits of a case are final.
In July 1986, a labor disturbance occurred when approximately
500 workers gathered at a sugar factory entrance in Kilombero
to protest v;age deductions. A police field-force unit opened
fire, killing 3 and wounding 20. A government-established
Commission of Inquiry, with representatives from the party,
government, police, and Juwata, discovered shortcomings in
factory management, organization of the workers, and party and
government leadership. In December 1986, President Mwinyi
announced that he had taken action on recommendations made by
the Commission, although the report and recommendations were
not made public.
Juwata maintains relations with the ILO, and the Government
has ratified most ILO conventions. The ILO believes that the
appointment of the leader of Juwata by the President of
Tanzania violates its Conventions Nos . 87 and 98 on Freedom of
Association. In 1987 the party agreed to the election of the
union leadership by the membership. The first elections will
be held in early 1988.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and
respected in practice. Missionaries are allowed to enter the
country freely to proselytize (although Jehovah's Witnesses
have been banned), and Tanzanians are allowed to go abroad for
pilgrimages and other religious purposes. The population of
the mainland is roughly 30 percent Christian, 35 percent
Muslim, and 35 percent adherents of traditional religions.
There appear to be no social or political advantages or
disadvantages attached to membership in any given faith on the
mainland. While there has been some controversy in
overwhelmingly Muslim Zanzibar regarding state support of
certain mosques, Zanzibaris are generally free to practice any
faith they choose without interference.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Apart from the Zanzibari requirement for documentation for
travel between Zanzibar and the mainland, travel generally is
net restricted within Tanzania. Citizens must follow national
employment directives stipulating the nature of employment and
location of residence. For years police checks in urban areas
have forced persons unable to show proof of employment to
return to rural areas. This policy is an effort to control
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increasing pressure on urban resources and reverse declining
levels of agricultural production. The Human Resources
Deployment Act of 1983 requires local governments to ensure
that every resident within their areas of jurisdiction engages
in productive or lawful employment. Those not so employed are
subject to transfer to another area where employment is
available. Although the Act was not enforced in 1987, the
Government expressed concern over the increasing numbers of
young people migrating to urban areas to seek work rather than
remaining in the countryside to engage in agriculture and
raise livestock.
Passports are required for foreign travel and can be difficult
to obtain. Tax clearances and approval from the Central Bank
are required in order to buy airline tickets. The Foreign
Exchange Act prohibits taking foreign currency out of the
country (although allowed on Zanzibar for business purposes),
and those accused under the Act must surrender their passports.
In practice, those planning to travel or emigrate are subject
to intense scrutiny by police and tax authorities. Tanzanians
who leave the country without authorization are subject to
prosecution on return. In 1987 Tanzanian immigration
authorities continued their increased border post surveillance
and requirement that all people crossing borders out of the
country present travel documents detailing the purpose of
their journey. This requirement was aimed at the large number
of unemployed youths who leave the country. To discourage
increasing numbers of those who do so by stowing away, the
Government has tightened passport requirements for youths,
compiled a public list of stowaways, and imposed fines, jail
sentences, and the costs of repatriation on those who return.
The Extra-Territorial Jurisdiction Act empowers the courts to
try Tanzanians who commit offenses outside the country.
Although it is legally possible for citizenship to be revoked,
there have been no reports of such action in recent years.
In late 1986, Parliament passed the bill for the registration
and identification of persons resident in Tanzania, the stated
purpose of which is to ensure the rights of citizens over
noncitizens and to help the Government obtain reports on
citizens outside the country. The bill also appears to be an
attempt to obtain information on the activities of foreign
businessmen in Tanzania, and registration assists the
Government in monitoring their activities. Registration is
voluntary, although the Government has proposed mandatory
registration in border areas to help control smuggling and
other illegal activities.
Tanzania generally has a liberal policy towards refugees and
displaced persons. As of January 1987, there were about
220,000 refugees and displaced persons in Tanzania, of whom
more than half were from Burundi, with large numbers also from
Rwanda and Zaire. In 1987 the Government worked with the
United Nations High Commissioner for refugees (UNHCR) to
protect and settle 15,000 newly arrived Mozambicans on the
southern border, bringing the number of refugees ir Tanzania
to approximately 235,000, subject to registration. Tanzania
accepts refugees from almost all countries. Only South
Africans who have left their liberation movements and Kenyans
are required to find resettlement elsewhere. The UNHCR is
presently attempting to resettle approximately 50 South
Africans and 24 Kenyans who have not been granted asylum in
Tanzania .
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In April 1987, 3,500 Burundis were forcibly repatriated by the
Government to Burundi from the Kigoma region of northwestern
Tanzania. Many villagers had their homes destroyed and
property looted or confiscated. About 350 of those expelled
had been granted asylum as refugees in Tanzania. The
Government later agreed to allow the refugees to return to
their villages, to restore their property, and to compensate
them for their losses, although no compensation had been made
by the end of 1987. This was the first known instance of mass
forced repatriations from Tanzania,
Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government
Political activity is forbidden except within the party.
Therefore, as a practical matter, Tanzanian citizens cannot
change the one-party political system or the party in power.
There are no overt opposition groups. Two advocates of a
multiparty system who distributed leaflets on the subject were
detained in October 1986 under the Preventive Detention Act
and remain in custody.
All candidates for Parliament must be party m.embers. In 1985
under the amended Constitution, voters were allowed to choose
between two party-selected candidates for each of 169 (or 75
percent) of the 244 seats in Parliament. The remaining 25
percent are filled by members appointed by the Government and
the various "mass organizations" associated with the party.
The one-party system does not permit political participation
through the open nomination of multiple candidates. Voters
register dissatisfaction by voting incumbent members of
Parliament out of office. While membership in the party is
voluntary, overzealous party functionaries have been known to
require proof of membership for receipt of basic government
services or employment. This practice has been publicly
deplored by party chairman Nyerere.
Zanzibar has its ov/n House of Representatives, and the
majority of the members were directly elected from a
party-selected slate for the first time in 1985. Under the
new Constitution, the House of Representatives consists of 50
elected members, 10 members nominated by the President of
Zanzibar, 5 regional commissioners, 5 seats reserved for
women, and 5 representatives from the party's mass
organizations .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government traditionally has spoken out in international
forums against human rights abuses. Tanzania is a party to
the United Nations' covenants on human rights and in 1984
ratified the Organization of African Unity Charter on Human
and Peoples' Rights. There were no outside investigations of
human rights violations in Tanzania in 1987. There are no
active local human rights groups in Tanzania. There was no
published government reaction to Amnesty International's
concern about torture by police interrogators, the death
penalty, and the two prisoners in preventive detention.
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Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
In practice, the participation of women in education beyond
the primary school level is seriously limited by tradition and
social attitudes. Women students at the University of Dar es
Salaam are subjected to the "punch", written signs posted by
male students which humiliate and degrade women who refuse
their sexual advances or otherwise act too independently. For
most of Tanzania's ethnic groups, women's traditional role has
been that of mother and field laborer, and women are still
underrepresented in government, the professions, and skilled
occupations. Social limitations on the roles women play are
generally more pervasive on Zanzibar than on the mainland.
Women in many parts of the country continue to suffer from
discriminatory restrictions on inheritance and ownership of
property because of concessions to customary and Islamic law.
Although the practice is declining, female circumcision is
still performed within approximately 20 of the country's 120
mainland ethnic groups.
Despite obstacles, the Government has made progress in its
efforts to ensure equality for women, especially in urban
areas where traditional values have a weaker hold on the
population. The Marriage Act provides that womens ' domestic
services are a marital asset to be considered in divorce
settlements. The United Women of Tanzania, a wing of the
party, is dedicated to the eradication of inequality for women
in all spheres of society. The ILO has assisted groups of
women in starting small-scale business ventures and achieving
economic independence.
Attention recently was drawn to the plight of the indigenous
Hadzabe people who live in the north of the country around
Lake Eyasi . These hunters and gatherers were among the
earliest settlers in Tanzania. Lack of food, water, and
shelter has reduced their population from 2,000 to 250 in the
last few years. Although the Government is investigating the
problem, in 1987 it had no plans to reverse the impending
extinction of the Hadzabe, known as "the forgotten people of
Lake Eyasi . "
The Asian community, estimated at about 40,000, is both
culturally and economically exclusive, a business-oriented
minority in a society still committed to Socialist policies.
Official government policy is one of equal rights for all
citizens, and Asian entrepreneurs are being encouraged to
invest in areas previously reserved for the public sector,
including large-scale agriculture.
CONDITIONS OF LABOR
Workers in the formal wage sector in Tanzania work a 40-hour,
6-day workweek. Section 77 of the employment ordinance
prohibits children under the age of 15 from working. This
provision applies only to the wage sector in both urban and
rural areas and not to children working on family farms or
herding domestic livestock. A young person between the ages
of 15 and 18 may be employed provided the work is "safe and
not injurious to health." There is no legal discrimination in
wages on the basis of sex, but in practice discrimination
occurs. In general, women cannot be employed between 10 p.m.
and 6 a.m., and young people are not allowed to work between 6
p.m. and 6 a.m. Several laws regulate safety in the workplace,
including the factories ordinance, the Accidental and
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TANZANIA
Occupational Diseases Notification Ordinance, and the
Workman's Compensation Ordinance. The safety enforcement
system is still in the early stages of implementation. In
1986 the ILO and the Ministry of Labor completed a project
establishing an occupational health and safety factory
inspection system. Employers in Tanzania are required to have
insurance.
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TOGO
Since seizing power in a bloodless military coup in 1967,
President Gnassingbe Eyadema has maintained firm control and
molded Togo into an authoritarian, one-party state. In
addition to serving as Head of Government, President Eyadema
is Minister of Defense and Chief of Staff of the Armed Forces
and head of the only legal political party, the Rassemblement
du Peuple Togolais (RPT) . While all Togolese are considered
members of the RPT and are obligated to vote, only active
party members can gain political office. The Eyadema
Government considers its legal authority to be based on the
Constitution of 1979, which was formally adopted by referendum.
One-candidate presidential elections held every 7 years have
confirmed a continuation of President Eyadema ' s rule. The
President dominates all branches and functions of Government.
The Government's control over the organs of state security — the
military, the national police (Surete), and the special police
(Gendarmer ie)--prevents active opposition. In the past, the
Government has not hesitated to use its full authority to keep
political opponents within very narrowly defined boundaries.
The Togolese economy continued to encounter difficulties
during 1987, although the agricultural sector, which still
represents the largest gross national product component, had
an excellent year, with above average crops and abundant rains.
Foreign exchange earnings were down because of low commodity
prices and reduced phosphate exports, and shortfalls in
revenues, and sometimes extravagant government expenditures
aggravated the burden of debt repayment. Togo has continued
actively to pursue repr ivatization of unprofitable state
enterprises .
There were some positive developments in Togo's human rights
situation during 1987, but civil and political rights continue
to be severely restricted. In conjunction with his 20th
anniversary celebration in January, President Eyadema amnestied
Togo's two well-known political prisoners, who had been
arrested in the summer of 1985 and tried and convicted in 1986
for possession and distribution of pamphlets critical of the
regime. (Another arrested and tried at the same time was
pardoned earlier.) In March a law was passed abolishing
unlimited detention and requiring the authorities once again
to bring charges against detainees within 48 hours. In July
the International Committee of the Red Cross (ICRC) was
authorized for the first time to begin visiting Togo's
civilian prisons and interviewing prisoners. An autonomous
National Human Rights Commission, empowered by law to hear,
investigate, and report on complaints by individuals, was
formally established on October 21. Also in October, the
Government authorized ratification of the Optional Protocol to
the International Covenant on Civil and Political Rights
adopted by the U.N. General Assembly in December 1966.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
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b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There is no specific Togolese law prohibiting torture and no
effective protection against such acts in Togo. In certain
cases the President is known to prohibit the use of harsh
treatment against particular prisoners. Amnesty International
reports torture of both political and criminal prisoners,
including beatings and electric shock treatments during
interrogation. The public believes that torture is practiced,
especially by the Gendarmerie and military, in political cases
and against terrorists, and there are reliable eyewitness
accounts of torture, including electric shock, at the
Gendarmerie camp in Lome in past years. Public perception
also holds that beatings are administered routinely when
suspects are interrogated by the Gendarmerie. There were no
specifically confirmed cases of torture.
Prison conditions remain poor--unsanitary, with improper
lighting and ventilation, and seriously inadequate food and
medical care. After the interrogation phase, prisoners
generally are not maltreated. The general quality of prison
administration is poor. In July the Government authorized the
ICRC to begin inspecting civilian prisons and interviewing
prisoners at will. Prisoners in civilian prisons are permit*"ed
family visits, since it is the family which usually has to
assume responsibility for providing much of the prisoner's
food, clothing, and linen. Family visits are sometimes not
permitted until after the period of investigation of the
prisoner is over. Those foreign prisoners who have no family
members in Togo to supply extra food often suffer from severe
malnutrition. Military prisons to date have remained closed
to inspections. Only military and paramilitary personnel are
granted access to these prisons.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
On March 4, the Togolese Government adopted a law which
reinstated a 48-hour limit on the length of time a person may
be held without charge. The original 48-hour law had been
revoked in December 1985 to permit unlimited detention
following several bomb explosions in Lome and the Government's
arrest of several persons possessing antigovernment pamphlets.
The March 4 law provides for an additional 48-hour extension
if the case is deemed serious or complex. It is, nevertheless,
too early to know how widely this law is being respected in
practice. It appears that a substantial number of prisoners
are held for long periods of time even after being charged--in
some cases 6 months or more--before being brought to trial,
owing to a shortage of judicial personnel. Those arrested are
not generally allov;ed access to lawyers during the period of
initial detention.
Prefects evidently have the authority to order detention at
will, although they sometimes have been removed for abusing
this authority. The power to arrest in cases involving
national security is arbitrary and practically unlimited. Any
permanent officer of the Gendarmerie may arrest and temporarily
detain any person without seeking prior approval or submitting
a subsequent report. Persons arrested and detained by the
military are processed through the military judicial system.
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TOGO
The Gendarmerie is believed to be holding persons outside the
structure of the judicial process, and civilian prisons also
appear to hold detainees who have never been charged. On
October 21, the Government released a Ghanaian national who
had been imprisoned since 1982 or 1983 without charges.
The Ghanaian, an evangelist who had sought refuge in Togo, was
released and repatriated with 10 other Ghanaians in
conjunction with the formal inauguration of Togo's Human
Rights Commission.
The number of Togolese political exiles is unknown, but not
considered large. There have been cases of the Government
using economic pressures to force persons into exile. For
example, some government employees amnestied in 1986 and 1987
for political crimes (possessing and distributing
antigovernment pamphlets in 1985) have been barred from
returning to their jobs at the university and have been unable
to find work since their release, and one has left Togo.
There is no forced labor in Togo. There are, however,
occasional early morning mobilizations of the population of
Lome to clean the city's streets.
e. Denial of Fair Public Trial
Exile groups in Ghana opposed to the Government of Togo claim
that "hundreds" of political prisoners are held in Togolese
jails, but proof of such has not been produced. The Government
claims there are no longer any political prisoners in
Togo--meaning persons tried and sentenced for political
of f enses--f ollowing the amnesty in January 1987 of the last
two held for possession of antigovernment pamphlets. There
are no figures available, however, of persons detained on
political grounds without charge or trial.
There is an established hierarchy for routine criminal and
civil cases, which incorporates both traditional (African) and
codified (French) practice. At the lowest level, the village
chief or council of elders can hear criminal and civil cases
by taking testimony, listening to evidence, interviewing all
parties, and making a decision. Those who do not accept the
traditional ruling can take their cases to the codified
judicial system.
In Togo's judicial system the investigative (pretrial) process
is undertaken by a special judge who must examine the
sufficiency of the evidence for trial and decide on bail. Due
to an insufficient number of judges, this process can be
protracted, with many months elapsing before the case actually
comes to trial. Crowded court dockets, in turn, cause further
delays. Trials, however, are public, and required judicial
procedures are followed. Defendants have the right to counsel
but only in potential capital punishment cases will the
Government appoint counsel if the accused is unable to afford
it. Special courts exist to handle cases related to public
security, embezzlement of public funds, and violent crimes.
Togo's judicial system is not independent from the executive
branch, which possesses the ability to interfere in any case
of interest to senior government officials. There is evidence
of frequent interference by the executive in judicial
proceedings to dictate sentences.
Following their trial in December 1986, 10 persons are being
held under death sentence and 7 in life imprisonment for
participation in the September 1986 coup attempt against
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the Government; 10 others were sentenced to death or life
imprisonment in absentia. The death penalty, however, has not
been carried out, and senior government officials have made
known informally that it is not the intention of the
Government to execute those sentenced to death.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Mail is routinely opened, and telephone conversations are
frequently monitored. The Government also maintains an
extensive network of informants which permeates all sections
of Togolese society to keep check on actual or perceived
opponents. Religious publications of the Jehovah's Witnesses
often disappear in the mail. In routine criminal or civil
cases, searches of private residences are authorized in
advance by a judge or senior police official. In cases
involving national security concerns, searches take place
without prior authorization. While all Togolese are
automatically members of Togo's sole political party and are
required to vote, no one is forced to take an active party
role. There is no government interference in the right to
marry or to have children, and there is no forced resettlement.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech exists in Togo only in very restricted
form. Direct and open criticism of the Government, and
especially of the President, is perceived as serious
antigovernment activity and is not tolerated. Most Togolese
are therefore careful to avoid any criticism of the Government
or of the political system. Even indirect criticism of the
Government and its policies may bring retribution in the form
of temporary detention or interrogation. There are local
forums, however, including at the university, where sometimes
franker expressions of views are heard, but basically academic
freedom and free speech do not exist in the political sphere.
From time to time, individual officials, both at the national
and local level, and local policies are subject to public
comment. There have been cases of prefects (regional
governors) dismissed as a result of public criticism.
The Government owns, operates, and controls all sectors of the
media, which it uses as a means for projecting a positive
self-image and maintaining public support. Publication or
circulation of any material criticizing or questioning its
policies is not permitted. Cases of gross governmental
malfeasance are not, however, immune from media scrutiny. In
April 1987, a major scandal was uncovered in Togo's
agricultural credit bank (a government institution), involving
the theft of large sums by some of the major bank officials.
The official media reported fully on the events and named the
persons involved. There is government censorship of all
films, books, plays, or other writings published in Togo.
Intellectuals are aware that they must exercise careful
self-censorship or else risk possible imprisonment, exile, or
having their works banned. Some bookstores, however, sell a
wide range of books, including those containing veiled
criticism of the system of government.
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TOGO
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is strictly controlled in Togo.
Government approval must be obtained before any large group
can meet. This process is an effective means for preventing
any antigovernment groups from meeting. On the other hand,
government permission for nonpolitical events is given
routinely and expeditiously. Professional groups which do not
undertake political activities are free to hold meetings.
Although under the Togolese labor code all Togolese workers
have the right to associate, actual labor organizing is
permitted only under the auspices of the government-controlled
Confederation Nationale de Travailleurs du Togo (CNTT) . The
CNTT is affiliated with the International Confederation of
Free Trade Unions and sends delegates to International Labor
Organization conferences. Although the CNTT is not an
independent union, and basically conveys the Government's
views and requirements to workers, it does on certain issues
represent the workers' economic interests to the Government.
Strikes are authorized only as a means of last resort but
rarely if ever take place. The Government acts as arbitrator
in cases where labor and management cannot settle a dispute.
The few strikes which have occurred in the past have been
short and ended as a result of government arbitration. The
Government has not used coercion, force, or arrests to end
strikes. The CNTT maintains ties with the American Federation
of Labor/Congress of Industrial Organizations, and an
affiliate of the CNTT is a member of the International
Federation of Commercial, Clerical, Technical and Professional
Employees, which held its 21st World Congress in Lome in
August 1987.
c. Freedom of Religion
With a few exceptions, the Government promotes a climate of
openness for religious freedom. Although all religious groups
must have government authorization to operate, only the
Jehovah's Witnesses and the Apostolic Faith Mission are
currently proscribed. They are not allowed to conduct
services, proselytize, or otherwise carry out religious
activities, although there are no known legal penalties for
being a member of either group. All other groups are
categorized under one of seven broad categories maintained by
the Ministry of Interior and are unrestricted in their
religious practices. They are free to publish religious
material, conduct services, and teach religion. Non-Togolese
clergy of these religious groups are also free to proselytize
and engage in religious activities. Local religious groups
are free to maintain contacts with coreligionists in other
countries. No restrictions exist on travel for religious
purposes. The Government does not favor any specific
religion, and membership in a religious group is neither a
benefit nor a hindrance regarding personal advancement.
Togo's open religious climate was one of the reasons why the
All-African Council of Churches held its 1987 annual
conference in Lome.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Free movement, including domestic and foreign travel,
emigration, and the right to change residence or work place,
is generally allowed for Togolese. However, the Government
restricts the issuance of passports in order to control the
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TOGO
emigration of professional Togolese and also to keep known
political dissidents under close scrutiny. Exit visas are
also required. Domestic travelers may encounter security or
customs-related roadblocks. Except for the few political
exiles, Togolese who have chosen to reside in other countries
may return at will.
Togo has traditionally welcomed refugees, and the United
Nations High Commissioner for Refugees (UNHCR) recognizes some
500 individuals in Togo with refugee status, but over the past
few years some political refugees from Ghana, Benin, and
Burkina Faso have been forcibly returned to their home
countries pursuant to informal agreement between the
Governments of Togo and Benin, Ghana, and Burkina Faso. The
UNHCR representative in Togo has not intervened in these cases.
The Togo/Ghana border, which was closed in September 1986
following the coup attempt, was reopened in May 1987.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
After seizing power in 1967, President Eyadema abolished all
existing political parties. With the creation of the RPT in
1969, Togo became a one-party state. All citizens are
automatically party members but unable to change freely their
one-party political system or the government in power. While
active party members may debate minor issues at party meetings
or even raise complaints against local officials, no
challenges are permitted to the President's programs.
Presidential elections were held in 1986, the second since
1979. President Eyadema was again the only candidate and was
elected for another 7-year term with 99.7 percent of the votes
cast .
A National Assembly, created pursuant to the 1979
Constitution, has 77 members but does not have the power to
reject laws proposed by the executive. It is limited to
debating certain categories of proposed legislation. In 1987
at the behest of the executive, the Assembly abolished the
celebration of April 27 (the day Togo became independent) as
Togo's National Day. The anniversary of President Eyadema ' s
seizure of power, January 13, was declared the National Day.
Reportedly few members of the Assembly favored this change,
but acquiesced in the face of executive pressure. Assembly
seats are held for a term of 5 years. In the first election
to the Assembly, only a single party candidate was allowed to
stand for each seat. In the 1985 Assembly elections and in
elections held in July 1987 for municipal and prefectural
councils, multiple candidates from the official party were
permitted to run, but each candidate had to obtain party
authorization and submit campaign literature for approval.
Ethnic and religious groups are represented in the National
Assembly in approximate proportion to their actual numbers in
the country, and the Central Committee of the party has a fair
north-south balance. Women, however, are seriously
underrepresented, there being none in the Cabinet and only 3
in the 77-member National Assembly. The 46-member party
Central Committee counts 10 women members.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigations of Alleged
Violations of Human Rights
Togo is currently a member of the U.N. Human Rights
Commission. It has ratified the international covenants on
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TOGO
human rights and the OAU's African Charter on Human and
Peoples' Rights. In October the Cabinet approved a bill of
law authorizing ratification of the Optional Protocol to the
International Covenant on Civil and Political Rights adopted
by the U.N. General Assembly in December 1966. The Protocol
enables citizens of adhering states to complain directly to a
U.N. body for redress, after internal recourse has been
exhausted, in cases of alleged violation of human rights.
In April 1987, the Government proposed and the National
Assembly approved a law calling for the creation of a National
Human Rights Commission. The Commission, formally inaugurated
on October 21, is an autonomous entity composed of 13 members,
1 each elected by 13 private and public bodies, e.g., the bar
association, judges, doctors, teachers, trade unions. The
Commission is authorized by law to receive complaints from any
Togolese citizen or foreign resident, to investigate and for
that purpose to have access to government and police files.
If a violation is found to exist, the Commission is also
authorized to negotiate with the responsible governmental
authority either to bring about rectification or to subm.it the
case to the courts or to the President. Commission members
enjoy immunity from arrest or prosecution during their term of
office and for 1 year afterwards. This Commission is said to
be the first of its kind in Africa.
Section 5 Discrimination Based On Race, Sex, Religion,
Language, or Social Status
There is some discrimination in Togo in favor of northern
ethnic groups over southerners. Prior to President Eyadema ' s
seizure of power in 1967, political power was controlled by
southern ethnic groups, and heads of state were drawn from
southern political groupings. Because President Eyadema is a
northerner and a military man, the situation has been reversed
in the past 20 years. Northerners form the bulk of the armed
forces, which are a mainstay of the regime, and in general
northerners are viewed as a privileged group. At the same
time, a serious effort has been made to integrate southerners
into the power structure; 10 of the Government's 17 cabinet
officers are southerners, and southerners predominate in
senior civil service and technical jobs. Nonetheless,
southerners often perceive themselves as second class
citizens. There is no known discrimination on grounds of
religion.
The economic and social rights of Togolese women are spelled
out in the "code de la famille" (family code) which was
adopted in early 1980. Under this code, women's rights
include maternity leave benefits. In the economic sphere,
women dominate local market activities and commerce with
Togo's neighbors and often amass considerable wealth. But
formal equality under the law and economic power have not
given women an effective role in political decisionmaking.
Nor do formal equality under the law and success in the market
place spell out economic or social equality for women. Unlike
civil law, customary or traditional law gives all property to
the male in the event of separation or divorce. Similarly,
although women are legally allowed to acquire contraceptives
and undertake family planning, custom and tradition prohibit
women from access to contraception without the permission of
their husbands or fathers. Far fewer women than men receive
university education, and the number of women graduates from
secondary schools is low.
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TOGO
Economic conditions in rural areas often leave women little
time for anything other than carrying water, finding firewood,
cooking, childbearing, caring for the family and helping to
raise food crops. The Government has undertaken a campaign to
make women throughout Togo aware of their expanded
opportunities under the new family code. A government-
sponsored women's organization, the Union Nationale des Femmes
Togolaises, is active in the promotion of women's education
and welfare.
CONDITIONS OF LABOR
Labor practices in Togo are set by the Togolese labor code
adopted in 1974. The code specifically stipulates that there
should be equal pay for equal work, qualifications, and
production for both sexes; working hours of all employees in
any enterprise, except for agricultural enterprises, should
not normally exceed 40 hours per week; the employment of
children under the age of 14 in any enterprise is prohibited;
at least one period of 24 hours of rest per week is compulsory;
and workers should receive 30 days of paid leave each year.
There is a minimum wage in the agricultural sector of $0.21
per hour and in the nonagricultural sector not covered by some
other scale of $0.25 per hour. Enterprises must run a regular
medical service for their employees. Health and safety
standards in the work place are determined by a technical
consulting committee at the Ministry of Labor and instituted
by decrees. There are penalties for employers who do not meet
the conditions of the decree. These provisions are believed
to be respected by large state-owned and private enterprises
but are probably ignored by many smaller firms and the large
subsistence agricultural sector involving family units.
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UGANDA
In the period since it assumed control in January 1986, the
National Resistance Movement (NRM) Government headed by Yoweri
Museveni has established authority in the areas firmly under
its control, primarily in the southern and western parts of
Uganda. Remnants of previous regimes continue guerrilla
activity in the north, as do political and criminal elements
in the east. The NRM has promised that a new constitution
will be drafted and presented to Ugandans for approval.
Progress has been slow, and due to continued fighting in the
north and east, the NRM may find it difficult to keep its
pledge of a 4-year transitional period. In the interim, the
1980 Constitution is suspended and political activity not
allowed, although parties exist nominally. The President
exercises executive authority with the assistance of a Cabinet
of his choosing. The National Resistance Council, while
intended to serve in a legislative capacity, has in fact had
little active responsibility.
The security structure of the Government is composed of the
National Resistance Army (NRA) and the police. The NRA, a
disciplined organization during its bush days, has absorbed
soldiers from previous regimes and recruited those who did not
fight for the NRA's goals before its assumption of power.
Thus, discipline and morale have dropped, most notably in the
contested areas, where fighting is keeping up to 50,000 troops
in the field. NRA soldiers have committed burglaries and
automobile hijackings at gunpoint, even in the uncontested
areas of Kampala and West Nile. The Government attributes
many such abuses to NRA deserters. The police force was
greatly reduced by the Museveni Government's policy of weeding
out those accused of abuses under previous regimes. While
police have been augmented in Kampala and given more authority,
they still number only around 4,000 (compared to 10,000 under
previous regimes) , and the security situation has not yet been
brought under control. The army continues to perform many of
the tasks previously performed by the police. Uganda also
moved troops along the Kenyan border to improve security and
to halt guerrillas from making cross-border raids from Kenya.
Museveni inherited a devastated economy. Initial NRM policies
fueled inflation] However, the Government in 1987 began to
implement economic reforms in conjunction with the World Bank
and the International Monetary Fund. Major undertakings
included a devaluation of the Uganda shilling by 77 percent,
price increases to farmers ranging from 130 to 230 percent for
food crops, increased petroleum prices, and the planned
privatization of parastatals (public corporations) which are
draining the budget.
The NRM has given a high public profile to its concerns about
human rights abuses in Uganda and Africa, most recently in an
October address by President Museveni at the U.N. General
Assembly. Human rights and other organizations, including the
international press, have noted favorably the contrasting
approaches between the NRM and previous regimes. Nevertheless,
in 1987 the goal of national reconciliation was undercut as
continuing unrest in the northern and eastern regions of Uganda
contributed to a deterioration of human rights, especially in
the areas of military operations. There were frequent reports
of execution of adversaries wounded in battle, of homes and
fields burned, of occasional torture of prisoners in NRA
custody, and of continued detention of those thought to be
unsympathetic to the NRA. As a result of the fighting,
thousands of persons--some reports indicate as many as 100,000
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UGANDA
in 1987 — have been displaced, including 2,000 to Kenya. The
Commission of Inquiry into past human rights abuses, which
Museveni established in 1986, continued to hear testimony in
1987 but did not issue any reports. The Commission plans to
spend 2 years collecting evidence for the Attorney General,
who will decide which cases should be prosecuted.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
While it is often difficult to distinguish between victims of
the war and of political murder, there continued to be clear
evidence of killing by both the NRA and rebels in Uganda in
1987. The NRA has faced persistent fighting in the north and
east from various splinter opposition groups. In the north,
these rebel groups continue to harass NRA troops and the
civilian population, attacking small government army units and
looting both civilian and government properties. Rebels have
killed local authorities and members of the Resistance
Committees in eastern Uganda for their support of the
Government and killed villagers or burned their granaries for
their alleged support of the NRA. NRA troops have treated
villagers similarly. In a few documented cases, NRA soldiers
(and civilians) have executed alleged criminals without giving
them a chance to defend themselves. (See also Section l.g.,
below. )
Amnesty International issued a special report in July 1987 in
which it noted the positive steps the Government had taken to
end human rights abuses in Uganda. It added, however, that it
had a number of new concerns, based on many reports, including
reports of extrajudicial killings by government troops in
combat areas. Former Minister of Energy Andrew Kayiira was
murdered on March 6, 2 weeks after his release from prison
where he had been held on suspicion of preparing a coup. Five
suspects have been charged with the murder. At the end of
1987, no trial date had been set, and the motivation for the
killing remained unclear.
b. Disappearance
Reports of disappearance, common under previous regimes,
markedly declined under the NRM Government. However, there
were allegations, especially by church authorities, of
disappearances in the north and east.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and inhuman treatment are not sanctioned by Ugandan
law, but for many years extreme forms of torture have taken
place at detention centers, particularly military barracks,
where political prisoners are often held illegally. The NRM
Government has allowed the International Committee of the Red
Cross (ICRC) to visit prisons in uncontested areas of the
country and has cooperated in improving conditions in response
to ICRC suggestions. However, the Government did not allow
the ICRC access to military prisons throughout the year,
although at year's end an agreement was reached between the
Government and the ICRC to allow such visits. Human rights
organizations such as Amnesty International have alleged
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inhuman treatment and torture by the NRA, which has its own
detention centers outside the jurisdiction of Ugandan law.
In its 1987 Report, Amnesty International mentioned two deaths
in 1986 due to use by soldiers of the three-piece tie. The
three-piece tie entails tying a person's arms behind his back
until the elbows meet, a painful procedure that can lead to
gangrenous infections of the hands and arms as well as rupture
of the breast-bone and asphyxiation.
Early in 1987, there were indications that the three-piece tie
was still being used in military detention centers. In its
July quarterly report, however, the Uganda Human Rights
Activists (UHRA) , a nongovernmental organization which
monitors human rights in Uganda, stated that the use of
torture had "greatly diminished," and that the three-piece tie
had been discontinued. President Museveni has said the
three-piece tie is against official government policy. Other
abuses include scattered reports of rape of women and forced
concubinage by NRA commanders.
In the civilian prisons, there are allegations that medicine
intended for sick prisoners is sold by prison officials.
Prison conditions are substandard with overcrowding, poor
sanitary conditions and shortages of food, blankets, and
medicine. The high prison population has led at times to an
inadequate supply of food and the rapid spread of diseases
such as typhoid, dysentery, and malaria. Substandard prison
conditions were the cause of two riots by inmates in Luzira
prison in 1987. In mid-November inmates complained that
visitors had been robbed by prison guards and that visits had
not been allowed that month. The UHRA reported recently that
at least 50 persons died in Luzira during a 3-month period in
1987 due to overcrowding and poor sanitary conditions. There
were reports of a few children as young as 12 years old being
held in some prisons.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
A number of persons were subjected to arbitrary detention,
both legal and extralegal, during 1987. Most political and
security detentions take place outside the regular legal
system and, as noted, such detainees usually are held in
military prisons. An Amnesty International special 1987
report contained a listing of 50 persons whose cases had been
reported as being uncharged political detainees. In October
two former Ministers in the Obote regime were arrested by
customs officials. By November, following an investigation
into an alleged plot to overthrow the Government, both had
been released. Another former Minister, David Lwanga, was
released on bail in July after spending 9 months in prison on
charges of treason and terrorism. The charges were reduced to
unlawful possession of firearms. In November, however, Lwanga
was rearrested. At the end of 1987, he was still being held
without additional charges.
Legal detentions in political and security cases are
accomplished under the Detention and Security Act of 1967
which permits unlimited detention without charge. In 1987 two
persons were held under this law, human rights activist Lance
Seera Muwanga, and an unnamed individual detained briefly in
connection with the so-called economic sabotage of the coffee
ferry at Jinja. Muwanga, detained in February 1987, was still
incarcerated awaiting charges at the end of 1987.
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Military prisoners are drawn mainly from ethnic groups such as
the Langi and the Acholi which inhabit the war-torn areas of
the north and east. Grounds for detention usually are based
on suspicion of being a guerrilla fighter or sympathizer, and
those detained are not allowed to post bail. In June the
National Resistance Council (NRC) passed an amnesty bill which
applies to all those who served in armies, police, prisons,
and state security agencies of former regimes who have not
committed murder, rape, genocide, or kidnaping with intent to
murder. President Museveni has announced that at least 6,000
out of a possible 50,000 rebels had taken advantage of the
amnesty through the end of 1987.
There is no forced labor in Uganda, although prisoners may be
required to perform certain types of manual labor.
e. Denial of Fair Public Trial
The court system consists of Magistrates Courts, the High
Court, and the Uganda High Court of Appeals. The Ugandan
judicial system contains procedural safeguards modeled after
British law, including the granting of bail and appeals to
higher courts. The legal profession is generally respected
and is highly educated. No special courts have been
established for purely political or security cases. Those
accused, if they are brought to trial, are generally accorded
a fair public trial, although the process of the justice
system is slow and laborious. Detainees are often held
without bail--though not incommunicado — for long periods of
time while the Government conducts an investigation. In the
case of former Commerce Minister Evaristo Nyanzi of the
Democratic Party, and 18 other prominent figures arrested in
October 1986, 8 were eventually cleared of treason charges and
released in February 1987. Charges were dropped against four
others, and t<he actual trial of the remaining seven defendants
started in September 1987. Despite the delay, the trial was
open to the public and covered extensively in the press. It
was continuing at the end of 1987. In another case in
September 1986, the NRM arrested a group of 25 alleged
monarchists who were said to have plotted the return to power
of the King (Kabaka) of Buganda. Although many of this group
have been released on bail, the Government had not yet brought
them to trial at the end of 1987.
Under the NRM Government, soldiers are expected to obey all
laws. Military tribunals hear charges against soldiers, and
any soldier accused of a capital offense must be assigned
counsel. In other cases, the accused has the right to engage
defense counsel or defend himself. Punishment is strict, and
five NRA soldiers have been executed after being convicted by
military tribunals. Three more soldiers were on trial for
murder in late 1987.
In a move to augment the judicial system, the NRC passed two
bills in 1987 legitimizing the system of Resistance Committees
(RC's) and setting out their limited judicial powers. These
Committees had developed under Museveni and the NRM to handle
local grievances in an expeditious manner. The RC's are
allowed to settle civil disputes, such as questions about land
ownership or payment of bills at the local level. As yet,
there is no indication that the RC's conflict with the normal
judicial procedures in Uganda.
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f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the NRM Government, interference with personal privacy
and family life through harassment of the populace has
diminished in the noncombat areas. However, the hijackiiig of
private vehicles and armed robbery continue in Kampala and
other urban areas. Roadblocks, designed to intercept rebel
penetration and smuggling, are common. In the contested areas
of the north and east, NRA soldiers turned occasionally to
stealing and looting.
Because of clashes between the NRA and rebel forces in areas
in northern and eastern Uganda, thousands of people moved to
more secure areas. Some reports indicate that as many as
100,000 displaced persons are involved. Food and resettlement
needs for those displaced persons have been supplied both by
the Government and international relief organizations. Some
2,000 people fled for security to Kenya where they were cared
for by local authorities and the U.N. High Commissioner for
Refugees (UNHCR) . Some also may have fled to southern Sudan;
however, conflict there rendered them inaccessible to the
UNHCR.
There v/as no indication that the NRM Government interfered
with private correspondence in 1987.
g. Violations of Humanitarian Law in Armed Conflict
Roughly one-half of Uganda is presently under threat of armed
conflict, raising the potential for human rights abuses.
Confirmed reports of attacks on civilians by both rebel and
government troops have been published. Houses have been
looted and granaries burned. Allegations of chemical warfare
by NRA troops have not been confirmed and seem unlikely given
the remoteness of many troop units and the relative lack of
sophistication of NRA soldiers in the use of such weapons.
Prisoners of war taken by both government and rebel forces are
often interrogated for information and held indefinitely.
Recent reports accuse the NRA of killing wounded guerrillas
rather than taking them captive. The rebel units comprise
many Acholis and come from troops that served under the Ohote
and Okello Governments, as well as other disparate groups. In
this latter connection, there have been reports that the NRA
had killed rather than attempted to capture large numbers of
poorly armed or unarmed rebels who believe themselves protected
by magic when they attack NRA positions.
As a result of the fighting and the movement of displaced
persons, Uganda-Kenya relations deteriorated in 1987. Uganda
charged that Ugandan refugees in Kenya were in fact rebels,
and claimed in October that Kenya-based rebels were killing
civilians .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is generally respected in Uganda with the
important exception of the ban on partisan political activity.
This ban prevents political parties from holding press
conferences or organizing rallies and other functions at which
party officials would speak.
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Despite the restriction on political activity, extensive public
debate usually is possible in government and nongovernment
seminars and in the press. Over 15 newspapers publish a wide
range of viewpoints covering the political spectrum. Relative
freedom of the press is reflected in coverage of internal
events, including reporting of human rights violations, the
ongoing civil war, and alleged corruption by government and
army officials. Both the President and the Minister of
Information have publicly stated their support of a free
press; however, they increasingly have castigated journalists
for not reporting responsibly and for failing to check facts.
In 1987 the Minister of Information stressed the need for a
press law and a press council, composed of members of the
press, to establish professional standards for journalists.
Also, the Government has occasionally used a variety of
techniques to curb press freedom. The NRM banned the
newspaper The Weekend Digest in June 1986 for printing a story
unfavorable to the NRM. It arrested editors Wilson Wandera
and Jesse Mashate on charges of treason and then released them
on bail. Although the charges of treason remain, there was no
trial in 1987. When Mashate attempted to resume publication,
he was denied official permission; subsequently he began
publishing another newspaper. The Tablet, which, although
unregistered and therefore technically illegal, has been
appearing without government interference. Another
publication that experienced close government scrutiny in 1987
was The Activist, published by the Uganda Human Rights
Activists. An NRA commander seized all copies of the July
issue and permitted the magazine to appear only after warning
the magazine staff to research thoroughly all articles.
The authorities detained Lance Seera Muwanga in February 1987,
ostensibly because of his outspoken criticism of the
Government. In an article in The African Concord, Muwanga
accused the NRM of human rights violations in excess of those
committed under Idi Amin. No charges have been brought
against Muwanga, and no trial date set.
Among the 19 persons arrested in October 1986 for alleged
treasonable activities was Anthony Ssekweyama, editor-in-chief
of the Democratic Party newspaper. The Citizen. Ssekweyama
had been detained several times under the Obote Government.
He was released in 1987.
b. Freedom of Peaceful Assembly and Association
Permits for public gatherings must be obtained from police
authorities, who have the right to deny the permit in the
interest of public safety. Although political parties are not
banned, political activity is not allowed; thus large
gatherings usually occur either on government-sponsored or
religious occasions. In rare cases, permits have been denied
to fundamentalist religious groups for fear of public
disturbances. Professional associations operate without
hindrance, as do international service associations.
The National Organization of Trade Unions (NOTU) , Uganda's
national labor federation, held its first free elections in 5
years in early 1986 and in 1987 sought to rehabilitate
regional union structures. President Museveni has told trade
unions that they are free to engage in collective bargaining
with employers. The Minister of Labor has stated that the
Government recognizes the right of workers to strike, but it;
does not approve of wildcat strikes and prefers that workers
336
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first exhaust more conciliatory methods of resolving labor
disputes. Labor-government relations have improved under the
NRM Government, and unions generally have been supportive of
government measures to fix prices of essential commodities.
Since the Okello coup in 1985, trade unions have had the right
to associate with international labor organizations.
c. Freedom of Religion
There is no state religion in Uganda. Christianity, Islam,
and African traditional religions are freely practiced.
Conversion between religions is not obstructed. There is no
government control of religious publications, even those with
an antigovernment slant. Foreign missionaries and other
religious figures are welcome in Uganda. Religious leaders
frequently speak out publicly on topics relating to their
followers' welfare, addressing in particular human rights,
security, and political issues.
There were intermittent confrontations in 1987 between
evangelical Christians and members of a fundamentalist Muslim
sect, culminating in violence in Masaka. The NRA restored
order but killed several Muslims in the process. Because of
increasingly serious and violent disagreements over Muslim
leadership issues, the NRM Government announced it would
submit the leadership question to a Ugandan court and insist
on adherence to the court's decision.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
In theory, Ugandans are free to move, reside, and choose their
place of work anywhere within the country. In practice,
however, travel within the country in 1987 became increasingly
difficult because of sporadic guerrilla attacks and rebel
activity that cut off the north and east from the rest of the
country. The NRA has set up extensive roadblocks to try to
interdict rebel activity, and freedom of movement has been
affected. There are no restrictions which prevent Ugandans
from emigrating.
In the early 1980's, Uganda was the second largest generator
of refugees in Africa--over 300,000, the majority of whom fled
to southern Sudan and northeastern Zaire. In recent years,
most have returned. Only 6,000 Ugandan refugees remained in
Zaire by the end of 1987. Roughly 130,000 were also still
living in southern Sudan by the end of the year, although some
60,000 returned to Uganda during the year with the help of the
UNHCR. Approximately 30,000 of the 40,000 Banyarwanda who
fled Uganda to Rwanda in 1982-83 as a result of quasi-official
harassment of this minority returned after the 1985 coup,
mainly resettling in the southwest.
Because of rebel activity by the Sudanese Peoples' Liberation
Movement/Army (SPLM/A) in 1987, Sudanese as well as Ugandan
returnees have crossed the border from Sudan into northern
Uganda. The UNHCR estimated that there were several thousand
Sudanese refugees in Uganda by the end of the year. About
2,000 new refugees from Zaire moved in with ethnic relatives
along the border after fleeing a local conflict in Zaire.
There were no reported instances of forced repatriation of
refugees in 1987.
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Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The citizens of Uganda presently do not have the right to
change their government by democratic means. In 1985-86,
Museveni and his National Resistance Army emerged victorious
in the long civil conflict against the Obote and Okello
Governments which had strong northern representation.
Museveni abolished the parliamentary structure and established
an interim, nonelected NRA Government which is to last 4 years.
The Government encompasses members of various political power
bases in Uganda, including political parties and former
fighting groups. In theory, legislative authority resides in
the larger National Resistance Council (NRC) , which has a
broader cross-section of ethnic, political, and religious
personalities. In practice, however, the NRC increasingly has
been bypassed in the political process. The establishment of
regional and village resistance councils has been largely
accomplished in areas firmly under NRM control, but is only in
the planning stages in the contested areas of the north.
During the projected 4-year interim, a new constitution is to
be drafted and presented to Ugandans for approval. In 1987
the Government announced steps to sound out public opinion on
the proposed constitution at the local level.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The NRM Government is proud of what it has tried to achieve in
the field of human rights and has welcomed to Uganda
representatives of Amnesty International, the Lawyers
Committee for Human Rights, and the U.S. Committee for
Refugees. Visitors from these organizations met with
high-level government officials, including President Museveni,
as well as human rights activists and members of the
government- appointed Commission of Inquiry into human rights
abuses. The government newspaper printed a letter from
Amnesty International which reiterated concerns about
detention without trial, killing of unarmed civilians by
soldiers in the north, and the "three-piece tie" form of
torture used by NRA soldiers. The ICRC continued its programs
of visits to prisons, tracing missing persons, and family
reunification. In mid-1987, the NRA and local officials asked
ICRC to stop its emergency assistance programs in some of the
disturbed areas. At the end of 1987, the ICRC received
permission to enter military barracks, where most political
detainees are held, and to resume its full program of
emergency assistance in disturbed areas.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Africans of three ethnic groups--Bantu, Nilotic, and
Ni lo-Hamitic--constitute most of the population. Of these
groups, the Bantu is the largest and includes the Baganda,
which, with more than 1 million members, is the largest
tribe. Two ethnic groups commonly are subject to
discrimination in delivery of the Government's economic and
social services: the Banyarwanda and Karamojong. The
Banyarwanda have suffered expulsion from, and displacement
within, Uganda. The Karamojong, who live in the semiarid
region of northeast Uganda, are a pastoral people with a
tradition of cattle ownership. Under many regimes, including
the present Government, frequent military action has been
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directed against them in reprisal for their violent cattle
raiding. The Karamoja region is experiencing a serious
drought and faced famine by the end of 1987, exacerbated by an
influx of people displaced by army and rebel operations in the
east. The Ministry of Rehabilitation is working closely with
donor agencies to provide relief services in Karamoja.
As Uganda is predominately rural, women are subject to
traditional roles in agriculture with significant variations
between ethnic groups. Women are not legally discriminated
against or officially restricted in seeking education or
employment. However, even in urban areas, their access to
education has been declining as the educational system
deteriorates and the economy declines. Families withdraw
daughters rather than sons from school in times of economic
hardship. Women played an important part in the NRA ' s bush
war, serving as soldiers, intelligence operatives, and support
personnel. There are three female deputy ministers in the
Government, as well as a number of ambassadors and four
members of the National Resistance Council. There are many
women advocates and judges, including two women justices on
Uganda's High Court. The NRM has created a women's
secretariat charged with educating and politicizing Ugandan
women, as well as a National Council of Women which is part of
the Ministry of Local Government with responsibility for
coordinating the activities of women's groups throughout
Uganda .
One of the most vexing of Uganda's human rights problems is
the dilemma of the boy soldiers (Kadogos) . These adolescents
(some are as young as 8 years old) were taken into the NRA
during the period of the bush war. The Kadogos were largely
drawn from children in the Luwero triangle who were orphaned
by Obote's army in the early 1980's. As Museveni's men moved
through the area, many of the children voluntarily joined the
army, which "adopted" them and gave them a home. Each boy was
assigned to a more senior soldier who became, in effect, the
child's guardian. The Kadogos fought in the civil war and
were highly visible in the January 1986 battle for Kampala.
The NRM announced the opening of a special school for Kadogos
in August 1987. The school emphasizes subjects such as
carpentry, masonry, and agriculture.
CONDITIONS OF LABOR
The bulk of Uganda's almost 15 million people live in rural
areas on subsistence farms. In the modern sector, the legal
Minimum age for employment is 12 years except for light work,
which the Minister of Labor may exempt. In addition, there
are legal restrictions on employing persons under 16 years of
age in mining and in any night work, except in the case of
apprenticeship. The legal workweek is a maximum of 48 hours.
The minimum wage is that of the lowest paid person employed by
the Kampala City Council, currently about $7 per month.
Medical care is supposed to be provided by employers. There
are also occupational, safety, and health standards, but in
practice, because of the serious decline in the economy, there
is little effort at enforcement of labor laws.
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President Mobutu Sese Seko, who came to power in 1965, heads
both the Government of Zaire and its only legal party, the
Popular Movement of the Revolution (MPR) . The President has
the constitutional power to promulgate laws by decree. In
theory, authority is shared with the popularly elected
Legislative Council (unicameral parliament). In practice, the
Parliament rarely disagrees with presidential decisions,
although decrees are usually preceded by consultations with
party leaders and legislators. The single legal party
automatically includes all Zairian citizens as members. The
Executive Council (Prime Minister and Council of Ministers),
the Legislative Council, the judiciary, and the only labor
union (National Union of Zairian Workers) are all organs of
the party. Political association is limited to the party and
its affiliates. The Government allows nonpolitical
association, but in principle authorities must be notified of
all activities.
A complex of security organizations, notably the civilian
National Documentation Agency, the paramilitary gendarmerie
and civil guard, and the armed forces share responsibility for
identifying and controlling potential internal and external
threats to Zaire and the Government, Their broad powers and
influence have resulted in arbitrary harassment, physical
mistreatment, and detention of ordinary citizens as well as
suspected political opponents of the Government. The military
security service. Military Intelligence and Action Service
(SRMA) , which reportedly had been involved in human rights
abuses, was disbanded in 1986. Its responsibilities have been
taken over by other security services, and a number of its
members have been transferred to these other units.
Zaire has a mixed economy. Though major mining and
transportation activities are state owned, private enterprise
is the rule in the other sectors, with the State often holding
a minority equity position in larger firms. In October 1986,
Zaire temporarily departed from its 3-year-old stabilization
program and discussed a moratorium on foreign debt payments,
price controls, and fixed exchange rates. These policies were
never implemented, but large increases in government spending
swelled the money supply, and by early 1987, the economy had
declined dramatically, with inflation skyrocketing and foreign
exchange in critical supply. In May 1987, the Government
concluded a new standby arrangement with the International
Monetary Fund. Though the new program has the same long-term
goals as the 1983 program, economic stability and growth, the
dramatic rise in the cost of living which followed the 1986
reflation policy has made life exceedingly difficult for the
average Zairian. A positive development for the Zairian
economy at the end of 1987 was the increase in the world price
of copper.
Human rights in Zaire continued to be circumscribed in 1987,
including in such important areas as speech, press, and
assembly. Compulsory party membership is reinforced by
liaison offices in all government agencies and at the
neighborhood level that try to ensure party discipline and
political orthodoxy. In 1987 the Government prevailed upon a
group of political dissidents, many of whom had been held in
internal exile, to join the MPR, giving some of them seats on
the Central Committee. At the same time, the Government took
several potentially important steps to advance human rights.
These included Zaire's participation in international human
rights forums, cooperation with human rights organizations.
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and an announced willingness to confront human rights abuses
through new oversight institutions. In particular, the new
Department (ministry) of Citizens* Rights and Liberties (DCRL)
began operations. It is tasked with examining and resolving
citizen complaints of civil rights violations. In addition,
the new (1986) Judicial Council (a superministry of justice)
sought to improve conditions in Zaire's judicial and penal
systems. The efficacy of these new organizations had yet to
be demonstrated by the end of 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political killings
There were no confirmed cases of political killing in 1987.
b. Disappearance
There was one credible report of a disappearance. Kindemoko
Louis, a former government official in Bas Zaire, was
reportedly arrested in September 1986 on suspicion of trying
to create a political party. He was placed in a high-security
detention facility, where he remained for 6 months. Since
that time, all efforts by his family and friends to find him
have been unsuccessful.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and physical mistreatment of detainees is common in
most Zairian places of detention. There are frequent reports
of beatings. Amnesty International also reports the use of
electric shocks on detainees. Reports of unsanitary
facilities, lack of medical care, and malnutrition and
starvation among prisoners emanate regularly from Zaire's
prisons. A lack of concern at senior levels, incompetence,
corruption, and limited funding all contribute to these
problems .
The Government claims that it does not condone torture and
denies allegations that torture is administered by its
officials. In 1987 the Government, under the new President of
the Judicial Council, stepped up its efforts to improve
Zaire's penal and judicial systems. In this campaign, the
Government released 165 detainees held without charges,
arrested several magistrates and midlevel government officials
for corruption, disciplined officials found to have beaten or
mistreated prisoners, appointed a new director at the main
prison in Kinshasa, and assigned inspectors to visit detention
centers 3 times a week to ensure that no persons were held in
excess of 48 hours without a hearing.
Despite this positive beginning, credible sources reported
that bureaucratic inefficiency, ingrained corruption, and the
Judicial Council's limited authority and funding had begun to
blunt the effectiveness of these measures by the end of 1987.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
In spite of the efforts noted above, arbitrary arrest and
prolonged detention without charge remain common occurrences,
affecting many people who come into contact with the criminal
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justice system. By law, those arrested must be brought before
a magistrate to hear charges within 48 hours of arrest. The
magistrate may order bail or pretrial detention for up to 15
days. In turn, a public prosecutor is required to bring a
defendant before a judge within 5 days of the defendant's
imprisonment (or pretrial detention). Only in exceptional
cases may these periods of detention be extended. In
practice, however, suspects are often arrested and held
incommunicado for months without a hearing. Detainees with
financial resources are known to buy their way out of
detention without charges ever being filed.
Most persons detained for political reasons are held by means
of nonjudicial sanctions which range from administrative
incommunicado detention to internal exile to villages of
origin and restriction of movement and travel. They are not
formally charged or tried, remaining in detention or internal
exile until the President arbitrarily chooses to release
them. Such arrests and banishments are made openly, and the
whereabouts of detainees usually are known, although sometimes
not acknowledged by the Government.
Estimates of the number of people detained or sentenced for
essentially nonviolent expression of political beliefs vary
greatly and are often out of date as detainees are released or
others arrested, often for short periods of time. Estimates
at the beginning of 1987 were 80 to 90 detainees and internal
exiles. With the release of members of the internal
opposition group, the Union for Democracy and Social Progress
(UDPS) from internal exile, the number of persons being held
simply for holding nonviolent political beliefs dropped
substantially. The Government maintains that it holds no
political prisoners. There are, however, a number of persons
being held without trial, apparently on national security
grounds. Their status and the charges against them have never
been made public. They may be political detainees. The best
estimate of the number of such prisoners is between 25 and 50.
A small number of opponents of the Government live in
self-imposed exile in Europe. There were no known cases of
exile or expulsion of Zairians from the country in 1987.
Zairian legislation provides for compulsory civilian service
for graduates from pedagogical and technical institutes, and a
Government ordinance authorizes imprisonment with compulsory
labor for tax defaulters. There are no known instances in
which tax defaulters have actually been sentenced to
compulsory labor, although imprisonment at hard labor is a
common sentence for those convicted of crimes.
e. Denial of Fair Public Trial
Zaire's highly centralized Government includes control over
the judiciary, principally through the Judicial Council. The
legal system is a mixture of Belgian and customary law. The
modern court system includes a Supreme Court, a Court of
Appeals in each region, a Court of Grand Instance in each city
and subregion, a court of First Instance in each rural and
urban zone, and a Court of State Security.
Defendants are assured the right to a public trial and defense
counsel by the Constitution. In practice, however, most
citizens are not in a position to avail themselves of the
right to counsel. There are insufficient lawyers in Zaire to
provide adequate counsel to most defendants. When available.
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defense lawyers generally function freely and without coercion
from the Government in nonpolitical cases. Most defendants
who are aware of their rights avail themselves of the right to
appeal .
Decisions of the Court of State Security involving national
security, armed robbery, and smuggling are not subject to
appeal, although all other procedural protections of the
criminal code do apply. Military court procedures also do not
provide for appeal. While military courts generally try only
cases involving military personnel, in time of em.ergency or
during military operations the President can suspend civilian
courts and transfer jurisdiction over all cases to military
courts .
There is criticism of the judicial process on two levels. At
the political level, all judges are subject to party
discipline. The result is that, while judges in fact perform
their function without political interference in the great
majority of cases, in sensitive or highly politicized cases
they operate under implicit or explicit constraints from the
executive or security forces. At the daily operational level,
in addition to the security authorities harassing citizens,
some poorly paid magistrates also seek bribes and apply the
full rigor of the law only to those who are unable to pay the
bribes .
The Department of Citizens' Rights and Liberties, established
in October 1986, began operation on July 1, 1987. The role of
the new Department in the judicial system is not clear.
However, the Department will have representatives throughout
the country at local government levels and in major
enterprises, both public and private. Its principal
responsibility is to investigate the complaints of Zairians
who feel that their legal rights have been abridged by
administrative, military, or judicial agents. In cases where
such abuses are identified, the DCRL may offer redress to
victims. Complaints filed in 1987 involved seizures of land
and goods, arbitrary arrests, physical mistreatment, pension
problems, and illegal firings. By the end of 1987, the DCRL
was still in a start-up phase, and the effectiveness of the
new organization had not been tested.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Party and state security organizations extend to the
neighborhood level, and both maintain liaison offices in all
Government agencies (including, for example, military units,
universities, the Legislative Council, and ministries). Party
officials, civil servants, armed forces personnel,
parliamentarians, and employees of state enterprises pay an
obligatory tax to support the activities of the party's major
organs (cadre training, mobilization, propaganda, and youth).
These party cadres are also required to attend the party's
training institute. The party can reprimand and suspend those
who do not attend. Government employees, market vendors, and
blue-collar xvorkers are often required to participate in
public events, such as parades and official arrival and
departure ceremonies, or risk suspension from their jobs. In
line with its ideology of "Zairian authenticity," the
party-state forbids Zairian men to wear ties and forbids all
Zairians, in principle, to use non-African names.
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Judicial warrants are required by law before the police are
permitted to search a home, except in cases of threats to
national security. In practice, however, police and security
authorities enter and search homes without warrants. Security
services sometimes open mail and tap telephones, and
Government informers monitor places of residence as well as of
work.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution stipulates the right of all citizens to
express freely their opinions and feelings, either orally or
in writing, but subordinates this and all other rights to the
need to ensure "public order and good conduct." All Zairians
are automatically members of the sole political party, the
Popular Movement of the Revolution (MPR) . The ideology of the
MPR, which is the only acceptable public profession of
political thought, comprises the views and policies of the
party's President and founder. President Mobutu Sese Seko . As
in many one-party states, the theater, songs, and
all-pervasive street gossip are important forums for
communicating popular opinions and news.
Radio and television are owned and operated by the State. The
major newspapers are privately owned but are believed to
depend upon significant Government subsidies for survival. In
addition, they receive most of their news from the Zairian
National Press Agency (AZAP) , a state organization. The media
are expected to promote the ideals and principles of the MPR.
Generally, publishers and editors are active party members.
Commentary on politically sensitive internal issues as well as
on foreign policy options is discouraged, and direct criticism
of the President forbidden. While journalists are circumspect
in their criticism of other high officials as well, criticism
of certain government practices, inadequate services, and
corruption frequently appears in print.
Media censorship tends to be self-imposed, but in certain
situations political authorities restrict the scope of
journalistic inquiry by both Zairians and foreign
journalists. All foreign journalists wishing to visit Zaire
must receive prior permission from the Ministry of
Information. Zairian journalists must be members of the press
union in order to practice their profession. The threat of
being ousted from the union and consequent loss of livelihood
are strong inducements toward self-censorship. There are
several clandestine presses which operate sporadically,
printing flyers and handbills critical of the Government and
various Zairian leaders.
Artistic and academic freedom of expression are subject to the
same restrictions and self-censorship as the press. Mandatory
membership in professional organizations and well-developed
informer networks discourage dissent. From time to time,
books, films, and certain issues of newspapers and magazines
are banned. Imported publications, including books and
periodicals, are subject to censorship if they are critical of
Zaire or its Government.
b. Freedom of Peaceful Assembly and Association
Only the MPR and its affiliates may hold public meetings. The
Government permits the existence of nonpolitical associations.
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but in principle they must notify authorities when they plan
meetings or activities involving more than five people. In
practice, this is rarely enforced. The Government can also
prohibit meetings which continue after 9 p.m. Meetings of
nonofficial organizations have been disrupted on occasion by
Government agents because of suspected political activities.
The labor movement in Zaire is limited to one national union,
the National Union of Zairian Workers (UNTZA) , which is an
integral unit of the sole political party. The Secretary
General of UNTZA is a member of the party's general committee,
and union officials at the regional level serve on regional
party committees. UNTZA has the right to bargain collectively
with employers, and it provides significant social and
educational services to members and their families. It works
with the Government to improve worker benefits. However, it
is unable to promote worker interests or defend worker rights
which run counter to Government policies. The right to strike
is included in the labor law, but because the law establishes
lengthy and mandatory arbitration and appeal procedures which
result in the resolution of most labor disputes, in practice
lawful strikes do not occur.
Membership in UNTZA is compulsory for civil servants,
employees of state enterprises, and employees of private firms
with at least 20 employees. The union claims over 1 million
workers as dues-paying members. However, the overwhelming
majority of the work force is self-employed, either in the
unofficial sector or in subsistence agriculture, which is not
covered by the union. UNTZA participates actively in the
International Labor Organization and the Organization of
African Trade Union Unity and maintains ties with a number of
foreign labor confederations.
c. Freedom of Religion
Freedom of religion is recognized in the Constitution, and the
Government officially sanctions most of the major world
religions. However, new churches must obtain government
recognition to operate freely, and that recognition has been
difficult for lesser-known churches to obtain. Traditional
African religious groups are tolerated but not officially
recognized. The Government banned the Jehovah's Witnesses and
a number of other sects and religious groups in 1986 on
charges of fraud or subversive activities, and the ban
remained in effect in 1987.
The three major religions in Zaire are Catholicism--50
percent, Protestantism (including kimbanguism)--36 percent,
and Islam--5 percent. Officially recognized religions are
free to establish places of worship and to train clergy. Most
churches maintain active links with coreligionists outside the
country, and expatriate missionaries are allowed to
proselytize and to serve both Zairian and expatriate
congregations. Affiliation with a recognized religion confers
neither advantage nor disadvantage with respect to secular
status. Adherents to some sects that are not recognized by
the Government, however, are subject to harassment by local
officials, such as arrests, physical mistreatment, seizure of
property, and demands for bribes.
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d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government at times imposes special documentation
requirements for travel to areas of unrest or security
concern. As noted in Section l.d., the Government also
restricts some dissidents to villages of origin. All
citizens, refugees, and permanent residents must carry
government-issued identity cards, and police and military
personnel often set up checkpoints along major roads to
inspect papers. Those whose papers are not in order must pay
a fine or spend time in jail. Undisciplined and underpaid
police and military personnel often abuse their authority to
harass and extort money from civilians, including refugees.
In principle, any Zairian citizen may obtain a passport and
exit visa, although on occasion government and security
officials have impeded issuance in order to prevent or disrupt
travel of persons suspected of political opposition to the
Government. A married woman must have her husband's
permission before obtaining a passport.
As of 1987, the number of officially registered Zairians
living as displaced persons or refugees in neighboring
countries remains around 53,000. This figure includes over
10,000 supporters cf the National Front for the Liberation of
Congo (FLNC) who remain in Angola. A small number of
political refugees also reside in the Congo. A few
asylum-seeking refugees are in Europe, particularly in Belgium.
Past experience indicates that many Zairian displaced persons
could return to Zaire if they wished. In 1936 and 1987, as
many as 4,000 Zairian refugees returned to Shaba from Angola.
These persons, who had fled in the wake of the failed 1977 and
1978 invasions of Shaba by the Angolan-based Katangan
gendarm.es, returned as individuals rather than as group
returnees. To the extent known, these returnees have been
treated equitably by Zairian authorities, who have allowed
them to resettle without restrictions. In addition, there are
ongoing discussions with Angola for the voluntary repatriation
of 3,000 former FLNC fighters and their dependents who wish to
return to Zaire. Political opponents of the Government living
in self-imposed exile in Europe probably couid not return
safely to Zaire without renouncing their political views.
By mid-1987, Zaire was host to approximately 300,900 refugees;
290, ceo being Angolan refugees. These persons are generally
allowed to pass freely into Zaire. The Government provides
land for resetclem.ent and camps. Outside agencies, especially
the United Nations High Cornrrii ssioner for Refugees (UNHCR) ,
provide food, housing, transportation, and medical care. Upon
entering Zaire, refugees are processed by Zairian army and
state security officials. Refugees are sometimes detained or
closely monitored on suspicion of illegal political activity.
Forced repatriation is contrary io official government policy
and raiely occurs. The UNKCR is aware of no cases of forced
repatriation from Zaire in 1987. A voluntary repatriation of
Ugandan refugees from Haut-Zaire ended in June. Since the
beginning of this movem.ent of voluntary repatriation in July
1983, a total of 49,081 Ugandans returned to their country
through the sponsorship of the UNHCR. Approximately 300
Ugandans refused to accept voluntary repatriation and remain
in Zaire.
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ZAIRE
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Existing institutions do not give citizens the right to change
their government. Political power in Zaire is highly
centralized and controlled by the President, who makes all
important decisions. Under Zaire's Constitution, the State is
essentially the executive organ of the country's sole
political party, the Popular Movement of the Revolution.
Party congresses meet every 5 years under the guidance of the
President to set national political guidelines, which are then
supplemented by resolutions of the party's Central Committee.
These policies are implemented by the Prime Minister and
Cabinet, both appointed by the President. Advocacy of a
multiparty system or opposition to the party-state ar^ both
unconstitutional and illegal, as are actions which question
the authority of the President and the political system.
Suffrage is universal over age 18, and voting is mandatory,
enforced in theory by penalties including fines or arrest.
The national Parliament, municipal councils, and rural and
urban zone councils are chosen by direct popular elections
which take place every 5 years. All candidates are screened
by party committees at the appropriate level, but voters
generally have a choice of several candidates. President
Mobutu was reelected with no opposition in 1984 to a third
7-year term in office.
Municipal, rural, and parliamentary elections were held this
year in June, July, and September. The MPR Central Committee
voided the local elections in August, because of election
fraud and irregularities, reportedly due to poor planning,
bureaucratic incompetence, and maneuvering by local officials
to influence election results. The party set new elections
for March 1988. Parliamentary elections, held September 6,
were allowed to stand in spite of claims of the same fraud and
irregularities which plagued the municipal and rural
elections. An average of 5 candidates ran for each of the 210
parliamentary seats. Of the 210 parliamentarians, 142 are
first-term members and 68 are incumbents.
Since 1980 members of the UDPS (see Section l.d.) have tried
to establish a second political party. Their efforts have
been rebuffed by the MPR and by the President; they have
suffered arrest and detention at various times over the past 7
years. UDPS leaders were released in June 1987 after almost 1
year in internal exile. Several UDPS militants in Kinshasa
were rearrested on October 5 and held for 5 days.
Subsequently, in early November, the Government announced that
the group had agreed to join the MPR, and 5 prominent UDPS
figures had been appointed to high-level party and government
positions. Although the precise terms of that agreement have
not been made public, UDPS figures maintain that it will
permit them to have an independent voice in debating public
policies .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government maintains that Zaire has nothing to hide in
terms of human rights policies and denies charges of
systematic and serious violations. The Government's attitude
towards external investigations has been mixed in the past,
but in 1987 the Government generally responded to human rights
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ZAIRE
inquiries. Late in 1986, the Government appointed a
distinguished Zairian jurist to investigate and answer all
international inquiries in the human rights area. This effort
continued in 1987 when Zaire sent a spokesman from the DCRL to
represent Zaire at the 43rd session of the U.N. Human Rights
ComiTiission (UNHRC) . The Government has promised to report
steps it has taken to improve specific hum.an right abuses
cited by the UNHRC and is considering appointing a per.nianent
spokesman to represent Zaire at the UNHRC in Geneva.
In 1987 the Government also extended an invitation to Amnesty
International to visit Zaire to discuss human rights issues.
The Amnesty International team made a iO-day visit to Zaire in
October to make preliminary contact with the Government, but
did not pursue specific cases.
The International Committee of the Red Cross has been allowed
to maintain a permanent office in Zaire since 1978, although
at times its access to prisoners has been restricted.
Section S Disci iminat ion Based on Race, Sex, Religion,
Language, or Social Status
Home to approximately 300 disparate ethnic groups, most of
which have their own tribal languages, Zaire has a population
of over 33 million. The Government has sought to defuse
disputes based on linguistic or ethnic diversity by adopting
French as the official language of Government and education.
Four vehicular languages — Lingala, Swahili, Tshiluba, and
Kikongo--a] so serve to bridge the comm.'inication gap with
smaller trioal groups. Mar?y urban Zairians speak Lingala, the
language used in both the army and the capital city, or
Swahili, used in the east of the country. However, the fact
that many rural people are unacquainted with these languages
complicates their dealings with government and military
officials .
The Government strives to counter ethnic divisions by
recruiting ministers and other high government officials from
all regions and major ethnic groups. One hallmark of the
Mobutu Government is an emphasis on the primacy of a Zairian
national identity. At the local level, the Government
recognizes group differences by giving tribal elders and
customary chiefs authority in many local matters.
Custom, tradition, and existing law continue to constrain
women from attaining a position of equality in society,
especially in the vast rural areas. Even in the modern urban
areas, women generally hold lower positions and earn less than
their male counterparts in the same jobs.
Nevertheless, with government encouragement, a growing number
of women work in the professions, the universities, and
government service and hold high positions. Zaire's Foreign
Minister, for example is a woman, and 10 women were elected to
parliamentary seats in the 1987 elections. In 1987 three
women graduated from the Zairian Armed Forces' Command and
Staff College. The role of v/omen in Zairian society is given
great emphasis in party doctrine and in some laws, e.g., the
right to own property. The Ministry of Women's Affairs seeks
to promote greater respect for, and participation by women in
the nation's economic, social, and political life.
In an important 1987 development, the Government promulgated a
new family code in August which, combining elements of
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ZAIRE
traditional and Western jurisprudence, addresses many social
issues including divorce, property, and inheritance. For
example, through the code, women have gained the right to a
property settlement upon divorce. In a departure from
traditional practices, where a deceased man's property was
often left to the disposition of his father and brothers, the
family code places wives and children in the first two
categories of succession. However, the code retains
provisions requiring a married woman to obey her husband and
obtain his permission for all legal transactions, such as
opening a bank account, accepting a job, obtaining a passport,
and renting or selling real estate.
CONDITIONS OF LABOR
Working conditions are regulated by law; the minimum age for
employment is 14, and working hours are limited to 48 hours a
week. Workers are entitled to a minimum wage, paid holidays,
and vacations. Their fringe benefits often include a housing
allowance, medical care, uniforms, transportation, and a
midday meal. The Government has established minimum safety
and health standards. Most organized workers in the modern
sector of the economy know their rights, and UNTZA monitors
employer compliance with labor laws.
The majority of the population is engaged in subsistence
agriculture and small-scale commerce outside the modern
sector. In recent years all incomes, including wages, have
failed to keep up with inflation, as depressed commodity
prices have eroded national income. Wages alone are generally
insufficient to meet the basic needs of the worker and the
many dependents that he often must support. Private sector
fringe benefits, which are not subject to income tax and often
make up more than half the total wage package, enable workers
to maintain only a very modest standard of living. In the
construction industry, for example, the lowest category of
laborer earns approximately $30 per month, of which only about
a third is basic salary. In the public sector, where
remuneration is lower, workers often resort to corruption or
take on second jobs in the unofficial sector.
The effectiveness of national labor laws and standards is
limited. High levels of unemployment and underemployment, as
well as limited employment in the public and formal private
sectors, force a large percentage of the population to work in
the unregulated informal sector. In this sector, many
children under 14 years of age work to supplement family
income, and minimum wage, safety, and health standards are not
observed.
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ZAMBIA
Zambia has a one-party system of government with the President,
Kenneth Kaunda, exercising predominant executive authority.
He is advised by a Central Committee of party leaders and
governs through a cabinet and a parliament. There is strong
competition for parliamentary seats within the single-party
structure, but all candidates for political office at any level
must be members of the United National Independence Party
(UNIP) . Since 1964 a state of emergency has been in effect,
under which the President has broad discretion to detain or
restrict the movements of people, and law enforcement personnel
have extraordinary powers to detain suspects and search homes.
The Constitution also allows the National Assembly to suspend
basic constitutional rights.
Security forces are divided into three main groups. The
Zambia Police, operating under the Ministry of Home Affairs,
is generally responsible for maintaining law and order. It is
divided into regular and paramilitary units. In 1986 laws
creating a volunteer vigilante force composed primarily of
party activists were enacted. The Zambian Intelligence and
Security Service (ZISS) is charged with intelligence gathering
and counterespionage responsibilities. Finally, the armed
services are used increasingly for internal security,
especially at checkpoints and roadblocks. Urban crime and
smuggling are widespread and growing, severely taxing the
limited capabilities of Zambia's police and military forces.
Vigilantes and army units manning roadblocks have been the
subject of frequent criticism by the public and press for
their use of excessive force.
Zambia's economy continues to be severely depressed due to
factors such as high debt servicing, long-term low prices for
the country's mineral exports, low agricultural production,
and internal management problems. Also, the rapid rate of
population growth is outstripping increases in productivity.
There has been a continuing decline in the standard of
living. For a number of years, Zambia has attempted to
restructure its economy with the support of the International
Monetary Fund (IMF) and the World Bank. In May President
Kaunda cancelled the IMF program and announced Zambia's own
interim plan which, among other features, placed a cap on
servicing Zambia's $5.8 billion debt and proposed to address
economic problems with the country's own resources.
The human rights situation remained basically unchanged in
1987. Individual rights, basic freedoms, and due process are
generally respected, while some political rights are
restricted. Continuing fears of South African efforts to
destabilize Zambia have also affected the human rights
situation. The external headquarters of the African National
Congress (ANC) is located in Lusaka, and there are a number of
South African and Namibian refugees in Zambia. On April 25,
South African commandos raided alleged ANC targets in
Livingstone. Several persons, mainly white foreigners, were
detained as suspected South African agents.
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ZAMBIA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no killings for which there was evidence of
political motivation or government instigation.
The South African commando raid on alleged ANC targets in
Livingstone killed several persons and destroyed property.
The Zambian Government reported that the dead were Zambian
citizens who had no connection with the ANC.
b. Disappearance
There were no known cases of politically motivated
disappearance .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture, but there are credible
allegations that police and military personnel have resorted
to excessive force when interrogating detainees or prisoners.
Alleged abuses reported during 1987 include beatings, the
withholding of food, pain inflicted on various parts of the
body, long periods of solitary confinement, and threats of
execution.
The courts have ordered investigations to ascertain if
confessions or statements were made after torture or physical
or mental mistreatment. In one documented case during 1987, a
Lusaka High Court Commissioner threw out a statement in an
espionage case which he said was obtained through torture. In
the past, detainees have successfully sued the State for
damages as a result of prison abuses.
Zambian prisons are severely understaffed and unsanitary.
Medical facilities are meager, but prisoners with serious
medical problems are treated in public hospitals. Several
foreigners who had been imprisoned for brief periods in Zambia
have reported various abuses, including beatings, substandard
food, and the absence of beds. One person also reported that
juveniles were incarcerated with adults.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
A state of emergency has been in effect since independence in
1964. Under the Preservation of Public Security Act, during a
state of emergency the President has broad discretion to detain
or restrict the movements of persons, and can order that
persons be arrested and detained indefinitely. By law,
presidential detainees are entitled to formal notification of
the reasons for their detention within 14 days of arrest;
publication of their detention in the government gazette;
access to counsel; frequent visitation by family and
colleagues; immediate representation to the detaining
authority; and the right to seek judicial review of the
detention order by an independent and impartial tribunal after
1 year. The President is not legally bound to accept a
tribunal's recommendation of release, if he still believes
that the detainee poses a threat to national security.
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ZAMBIA
In practice, detainees have been released if the judicial
tribunal so recommends.
A few of those detained in 1986 under presidential authority
remain in detention along with an additional 36 persons
detained during 1987. The new detainees include 16 persons
accused of economic sabotage. (On November 19, the Zambian
Supreme Court ruled that "economic sabotage" such as
smuggling, hoarding, or black marketeering was a crime which
threatened public security and therefore fell under the
purview of the Preservation of Public Security Act.) Most of
the detainees were seeking their release through court
actions, but this is a slow process which could take as long
as several years. Detainees can sue the State for unlawful
detention and false imprisonment.
The 23-year old state of emergency also gives law officers and
defense personnel extraordinary powers. Police officers of
assistant inspector rank and above may arrest without a
warrant and detain a person for up to 28 days if the officer
has reason to believe that grounds exist to justify a
presidential detention order. In theory, police must provide
the detainee with the reasons for his detention within 14 days
of arrest. Security officers have broad powers to search
suspects and their homes and sometimes act without warrants
when looking for smugglers or illegal aliens.
Slavery, involuntary servitude, and forced labor are
prohibited by the Constitution. These prohibitions are
observed in practice.
e. Denial of Fair Public Trial
The Zambian judicial system consists of a Supreme Court with
appellate powers and a series of lower courts, of which the
High Court is the most important. Presidential detainees are
not guaranteed public trials, but the majority have been tried
in public. The safeguards of English common law apply in
cases not involving presidential detainees. The Zambian
judiciary has maintained its independence from executive
branch influence. Although the President has the power to
appoint and transfer judges, there appears to be no evidence
that such power has swayed court decisions.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The sanctity of the home is generally respected, except in
isolated incidents relating to the state of emergency or to
roundups of illegal aliens. In such cases, security forces
often enter the homes of suspects without search warrants.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
People speak openly on most subjects, and there is lively
debate in Parliament on a wide range of political, economic,
and social issues. However, direct negative comments
concerning the Head of State, the concept of the one-party
state, or the national philosophy, "Humanism," generally are
not expressed in public, the Parliament, or the m,edia.
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ZAMBIA
The media regularly report criticism of government activities
expressed by sources ranging from elected officials to average
citizens. The two national dailies are owned by the Government
and the party, respectively, and television and radio are state
owned. However, they carry substantial commentary critical of
party and government performance. An independent biweekly
paper, which is sometimes critical of official policies, is
published by an association of churches, and two other
independent papers focus on mining and financial subjects.
While the possibility of censorship of foreign publications
and news items exists, it is seldom invoked.
Academic freedom is highly respected in Zambian society, and
educators are outspoken in their commitment to an educational
system free of government influence. There is little or no
government influence in matters relating to curriculum,
student selection, or faculty assignment.
b. Freedom of Peaceful Assembly and Association
There is a ban on all political activity outside the one-party
structure. Police permits are required for meetings, rallies,
or marches. These permits are issued routinely, unless the
Government believes the proceedings are likely to be directed
against local authorities. Zambia has a profusion of
associations and professional groups which serve as unofficial
pressure groups on various economic, political, and social
subjects .
Zambia has a history of strong labor union organizations,
dating from the establishment of large copper mines during the
1930*s. Zambia's 18 national labor unions, which are organized
by industry or profession, are all members of the Zambia
Congress of Trade Unions (ZCTU) . Member unions defend worker
interests, especially regarding wages and conditions of work,
and have the right to bargain collectively with employers.
Under existing legislation, strikes are permitted only after
all other recourse has been exhausted. Virtually all strikes
are illegal, since they almost always commence before the
mandatory process of mediation has run its course. The
Government normally has relied on persuasion and continued
mediation to end strikes once they have begun. However, in
April 1987, after a series of wildcat strikes. President
Kaunda declared the Government would not tolerate further
illegal strikes. He announced that workers in essential
industries who went on strike would be arrested, while
nonessential strikers would be fired. However, no action was
actually taken against the workers.
The ZCTU is not controlled by the party or Government, and
union leaders frequently criticize government policy on such
subjects as wages, economic policy, conditions of service, and
labor representation in party and government organs. The ZCTU
is democratic and regularly conducts open elections to select
its leadership. It is active in the International Labor
Organization (ILO) and is a member of the Organization of
African Trade Union Unity.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and
has been publicly supported by President Kaunda. Zambia has
no state religion, and adherence to a particular faith does
not confer either advantage or disadvantage. Christian
missionaries from a wide variety of faiths operate in the
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ZAMBIA
country. Jehovah's Witnesses are prohibited from
proselytizing, but the sect functions openly, and its freedom
to refrain from participating in various secular activities
such as voting, singing the national anthem, and saluting the
flag has been upheld in the courts and supported by senior
party leaders. Lay associations and religious youth groups
operate independently of party control or influence.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Under the emergency legislation, the President may restrict
the movement of persons within Zambia, although this authority
is seldom used and was not used in 1987, The Government also
reserves the right not to issue or to withdraw passports to
prevent foreign travel by persons whose activities are
considered inimical to Zambian interests. In 1987 the
Government withdrew the passports of two senior trade union
leaders, Newstead Zimba and Frederick Chiluba. (The ILO
Workers" Group criticized the withdrawal of Zimba's passport,
alleging that it prevented his participation as a Deputy
Worker Delegate on the ILO Governing Body.)
Zambia hosts a large refugee/displaced person population that
originates in several strife-torn southern African countries.
The United Nations High Commissionei: for Refugees estimates
that there are approximately 140,000 refugees and displaced
persons in Zambia. The largest group of refugees totals more
than 90,000 and is from Angola. Nearly 30,000 Mozambican
refugees have also entered in recent years. In 1987 the
Zambian Government began moving Mozambicans from border areas
to a resettlement center in the Eastern Province. The Zambian
Government operates two other large refugee resettlement
centers, and the Southwest African People's Organization
(SWAPO) operates one camp for Namibian refugees. The
government policy is to offer refugees who arrived after
September i9&5 the option of moving to a resettlem.ent center
or returning to their country of origin. Althougn there have
been allegations, there have not been any substantiated
reports of forcible repatriations under that policy.
Late in 1937, a few Angolan refugees were reportedly detained
for suspicion of sympatliy with the Angolan opposition force,
the National Union for the Total Independence of Angola
(UNITA) .
Section 3 Respect for Political Rights- The Righ, of
Citizens to Change Their Government
Under the Constitution, Zambian citizens cannot change the
party in power. That party, UNIP, has an estimatt.d membership
of less than 10 percent of the adult population. Power is
concentrated in the hands of the President as leader of the
party and Head of State. He plays a dominant role in
determining the membership of Zambia's top executive
institutions, the party Central Committee, and the Cabinet,
although traditionally both bodies contain a genei 3l balance
of regional and tribal representation.
Candidates for political office at any level must be members
of the party and are subject to close examination for
suitability by senior party authorities. In practice, the
political system is open to persons of somewhat divergent
opinions, provided they are willing to work within the
one-party structure and not challenge the President's
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ZAMBIA
preeminent position. In the latest parliamentary elections in
1983, 760 candidates contested 125 seats; 40 incumbents were
defeated, including 7 ministers of state.
The National Assembly generally reflects constituent interests
and sometimes thwarts or modifies executive branch policies
and programs. A number of times in 1987 Members of Parliament
spoke out against government expenditures, poor services, and
economic reforms. The President and the Prime Minister
publicly urged Members of Parliament to avoid confrontation
with the Government, warning that appropriate action would be
taken against those who made antiparty statements.
Presidential and general elections are by universal suffrage.
The numbering of ballots, which can be cross-checked against
voter registration numbers, could potentially undermine the
secrecy of the ballot.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There is no public record of the Zambian Government having
been subject to such investigations during 1987. The
Government neither encourages nor hinders inquiries or visits
by human rights organizations. When Amnesty International
urged the Government in 1986 to investigate allegations of
torture. President Kaunda replied that no torture or
ill-treatment had been inflicted on the South Africans and
that their cases would be reviewed in accordance with the
law. The Zambian Law Association is active in the human
rights field.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The 7.0 million population comprises more than 70
Bantu-speaking tribal groupings. Economic and social needs
are met on a generally nondiscriminatory basis in Zambia.
Under statutory law, women generally enjoy full equality with
men, and women participate increasingly in Zambia's social,
economic, and political life. They hold some senior positions
in the party. Government, and judiciary and are gaining
increasing representation in the professions and higher
education. In 1987 there were 4 women on the party's
25-member Central Committee. Nevertheless, the majority of
Zambian women still occupy traditional roles. Customary law
and practice are sometimes in conflict with Zambia's
Constitution and codified laws in rural areas. Customary law
places women in subordinate or unequal status with respect to
property, inheritance, and marriage. The Law Development
Commission is seeking ways to remove such anomalies. In
Zambia's traditional society, women's primary role is bearing
and raising children. They also make a major contribution to
food production. Female students can be admitted to secondary
school with lower passing marks than male students as part of
Zambia's "affirmative action" program.
CONDITIONS OF LABOR
While the majority of Zambians are subsistence farmers, about
47 percent of the people live in urban areas, and the migration
to cities is increasing. The modern economy is therefore
large and growing. Zambian law regulates minimum health and
safety standards and worker rights in any industrial
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ZAMBIA
undertaking, and the Government generally attempts to enforce
the regulations. Boards appointed by the Government, which
include worker and employer representatives, fix minimum
wages, overtime pay rates, and conditions of employment- (An
average minimum wage in the mining industry, for exaraple, is
$38 per month at the current official fixed exchange rate,
sufficient to provide aa adequate standard of living by
Zambian standards.) The normal workweek is 40 hours. Women
are legally excluded from night work and a variety of
hazardous occupations. Age restrictions apply to the
industrial sector, and there are only a few cases of employees
under age 15. However, persons under age 14 are often
employed in the commercial and agricultural sectors.
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ZIMBABWE
Zimbabwe has a parliamentary form of government, with a
popularly elected legislature. A single party, the Zimbabwe
African National Union-Patriotic Front (ZANU), has dominated
the legislative and executive branches of government, but a
parliamentary opposition has existed since independence. On
December 22, 1987, the President of Zimbabwe and of ZANU,
Robert Mugabe, and Joshua Nkomo, the head of the main
opposition party, the Zimbabwe African Peoples Union (ZAPU),
announced their agreement to merge the two parties. ZAPU has
been strongest in Matabeleland North and Matabeleland South
and has considerable strength in the Midlands, but is weak
elsewhere. Historical animosities between the two major
ethnic groupings, the Shona majority (which generally has
supported ZANU) and the Ndebele minority (generally loyal to
ZAPU) continued, despite the ultimately successful negotiations
by the leaders of ZANU and ZAPU to unify their parties at the
end of 1987.
The security forces have three branches. The Zimbabwe
Republic Police is responsible for maintaining law and order
and includes the Criminal Investigation Division (CID) , the
Police Intelligence and Security Inspectorate (PISI), and the
paramilitary Police Support Unit (PSU) . All branches of the
police report to the Minister of Home Affairs, E.ios Nkala.
The Central Intelligence Organization (CIO), attached to the
Prime Minister's office, has both an intelligence and
counterintelligence function. CIO operatives have police
powers and can arrest, detain, and interrogate suspects in
internal security cases. Finally, the armed forces, which
number about 50,000 members, are also involved in internal
security, usually in antidissident operations. In marked
contrast to the 1982-1985 period, few reports of human rights
abuses have been ascribed to the armed forces although the
military reportedly has been involved with the police in
forced repatriations of Mozambican refugees.
Zimbabwe has a wide range of resources, including both a
strong agricultural and a manufacturing base, but its important
export-import capacity is heavily dependent on the rail links
that pass through South Africa. To overcome this dependency,
Zimbabwe has undertaken a major effort, with Western donor
support, to revitalize the rail-port system through Mozambique
to the town of Beira. In so doing, Zimbabwe increasingly has
become involved in the Mozambican civil strife and has
committed thousands of combat troops to the war in Mozambique.
Beginning in 1986, there has been a trend towards decreased
human rights abuses by the Government of Zimbabwe; a
significant exception has been the sometimes brutal forced
repatriation of over 9,000 Mozambican refugees and the forced
resettlement in refugee camps of thousands more spontaneously
settled Mozambicans. Abuses by Mozambican National Resistance
(MNR/RENAMO) guerrillas crossing over from Mozambique,
dissidents in Matabeleland, and forces intent upon attacking
persons and buildings believed to be associated with the
African National Congress (ANC) are on the increase. The
major incidents of 1987 include the bombing of an ANC-occupied
apartment in June and the car-bombing of a shopping center in
October (both of which occurred in Harare); MNR incursions
along the length of Zimbabwe's eastern border, resulting in
the murder, kidnaping, and disappearance of Zimbabwean
citizens (with particular brutality toward children); and the
murder of scores of unarmed black and white civilians in the
western part of Zimbabwe by armed dissidents in Matabeleland.
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ZIMBABWE
These attacks in Matabeleland and Midlands provinces provide
the Government with its justification for continuing the state
of emergency which the Parliament routinely ratifies every 6
months. The Government banned meetings by the political
opposition and detained some leading members of the opposition
for several months in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings by government
security forces in 1987. There has been, however, an increase
in killings, which appear to be politically motivated,
committed by armed insurgents known as "dissidents".
Dissidents increasingly have focused their attacks on whites
in Matabeleland, although many black Zimbabweans also have
been victims. According to official government figures for
the 6 months ending June 30, dissidents committed 42 murders,
22 rapes, and 80 armed robberies. On September 7, six
government health workers were killed by dissidents. On
November 26, armed dissidents massacred 16 persons, including
2 Americans, in a nighttime attack on a religious mission.
The tactics of the armed bandits are often brutal, include
torture, and are aimed at suspected members of ZANU, government
officials, white farmers, and civilians accused of "selling
out" to the Government.
The MNR announced in late 1986 its intention to take the
Mozambican conflict into Zimbabwe. MNR forces, operating
along the Mozambigue-Zimbabwe border, committed a number of
atrocities in 1987, including, according to reliable reports,
bayoneting to death five school children and mutilating others
in Zimbabwe on November 19 and the axe murder of a family of 7
on November 26.
b. Disappearance
Human rights observers in both Harare and Bulawayo reported
that in 1987 there were no new cases of disappearance
attributable to the Government. There has been, however, no
progress in locating any of the people, almost all of whom
were from Ndebele regions, who reportedly disappeared in
1985. Estimates of the number of disappeared range from at
least 80 to as many as 400. In 1986 families of several
missing persons filed legal action against the Government for
failure adequately to investigate these disappearances. The
Government has not resolved these cases which remain open.
There also are numerous reports that MNR forces from Mozambique
kidnaped black Zimbabwean citizens from the Eastern border
areas, using them as bearers. Many of them have never been
seen again.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There have been scattered, firsthand reports of torture in
1987 indicating that torture may continue to be employed in
some security cases. Senior government officials strongly
deny that torture is condoned but have admitted that isolated,
unauthorized instances have occurred.
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ZIMBABWE
Police brutality in ordinary criminal cases is also a problem.
In one example of police brutality, a group of white school
girls in Bulawayo reportedly were beaten by police after being
detained for allegedly insulting an officer. Such cases of
brutality against whites are reported more frequently than
cases of brutality against blacks. Black Zimbabweans often
appear not to report instances of police brutality out of fear
of reprisals and the perception that they will not receive
much public attention. Occasionally, police are prosecuted on
charges of brutality but are rarely punished severely. In 1987
a provincial court in Matabeleland convicted 2 police officers
for torturing a civilian. The sentence imposed was a fine,
with no term of imprisonment.
Available evidence indicates that prison conditions in Zimbabwe
are generally Spartan. There have been allegations of poor
sanitary and medical facilities and routine mistreatment of
prisoners in the notorious Stops Camp detention facility in
Bulawayo. The regular prison population reportedly is lower
than last year. The Government, however, will not divulge the
actual number of inmates.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
A state of emergency, renewed every 6 months by parliamentary
vote on the Emergency Powers Act, has been in continuous effect
in Zimbabwe since 1965. Under the state of emergency, persons
may be detained without an arrest warrant and held for up to 7
days before being informed of the reasons for detention. The
law states that a detainee has the right to see a lawyer
"without delay" after having been detained. Though the reasons
for detention may initially be quite vague, detainees must
receive enough specific detail to enable them to make
meaningful representations on their behalf.
Zimbabwean law states that, after 30 days, a detainee must
appear before an independent review tribunal which can
recommend to the Minister of Home Affairs that the detainee be
released if evidence is insufficient to warrant continued
incarceration. The Minister may, however, recommend to the
President that the detainee continue to be held. In such
cases, the President may then order the Minister to overrule
the tribunal's recommendation.
The Government overruled the findings of the review tribunal
in 1987 in the cases of John Austin and Neil Harper, two senior
customs officials who were detained in 1986 on charges of
spying for South Africa, released by the Supreme Court for
lack of reasonable suspicion of the charges, and then
redetained under the emergency powers regulations. Though the
review tribunal initially confirmed their continued detention,
a subsequent review recommended their release. The Government
has, however, continued to detain them. The case again is on
appeal to the Supreme Court.
Due to procedural delays, a detainee may have to wait several
months before appearing at the review tribunal, and there have
been scattered incidents of the tribunal forgeting about
detainees for several months. If the tribunal recommends
continued detention, however, the case need not be reviewed
again for another 6 months.
The Government also has made extensive use of emergency powers
in vaguely defined security cases, particularly in the absence
of solid evidence of wrongdoing. Because the emergency powers
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ZIMBABWE
regulations do not require any evidence of criminal activity
before a suspect may be detained, the professionalism of police
investigations has been eroded. The most common reasons for
detention under the state of emergency are suspected dissident
activity, support for dissidents, or spying for foreign powers,
particularly South Africa. The Government has detained
political opponents of the ruling party (ZANU) as well as some
of its supporters. In most cases, however, the Government
ultimately orders the arrest and charging of individuals under
the Law and Order Maintenance Act, which provides sanctions
for political crimes. Such action then becomes part of a
judicial process with recourse to a court trial.
Bail is generally left to the discretion of the courts.
However, the Minister of Home Affairs can order the refusal of
bail in any case, particularly those concerning security or
exchange control violations, by submitting a certificate which
denies bail to the persons under arrest. The Government has
made extensive use of this prerogative in security-related
cases .
It is difficult to specify the number of persons currently
detained on politically related charges. Reliable estimates
point to 35-45 long-term detainees. Human rights observers
report, however, that there are far fewer detainees in 1987
than there were in 1986. It is impossible to determine the
number of short-term detainees held at any given time.
Zimbabwe law forbids the use of forced labor, and forced labor
is not practiced.
e. Denial of Fair Public Trial
Zimbabwe's legal system is based on a mixture of Roman-Dutch
and English common law practices and procedures, and consists
of magisterial courts, a High Court, and a Supreme Court. All
trials are open to the public, except in very rare cases when
the Government orders proceedings to be held in camera. In
most instances defendants must retain their own legal counsel
because there is limited provision for public defenders.
Defense counsel can present evidence and confront witnesses.
The right to appeal exists in all cases.
Persons brought to trial can be assured of a fair public
hearing comparable to that found in most Western democracies.
The Government generally abides by court decisions even when
it strongly opposes the ruling. However, according to statute,
the Executive Branch is not bound to award damages to persons
even if so ordered by the courts.
Although there are at present 500 lawyers in Zimbabwe, there
is a shortage of experienced magistrates. Zimbabwe's judicial
system is hard pressed to cope with ordinary criminal cases.
Case and law reporting are 3 years out of date. Given the
inexperience of magistrates and the slowness of information
flows, it is inevitable that errors occur.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution formally protects citizens from arbitrary
search or entry. Under emergency power regulations, however,
a police officer may stop and search any person or enter any
area without a warrant when the officer has "reasonable
grounds" for believing evidence of a crime may exist.
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ZIMBABWE
Although no cases were brought to the courts in 1987, it is
widely believed that the Government continues to monitor
private correspondence and telephones.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Zimbabwe Constitution provides for freedom of expression
but allows for legislation limiting this freedom in certain
cases, for example, when the "interest of defense, public
safety, public order, state economic interests, public
morality and public health" are involved.
The Government tends to interpret broadly its power to
discourage free speech. In 1987, for example, several people
were arrested and charged with misdemeanors under the
Miscellaneous Offenses Act for uttering remarks disrespectful
of the Prime Minister or government policies. At public
events, it is generally assumed that speakers are under
surveillance and may be subject to follow-up police action if
the remarks are judged too controversial. Even in private
gatherings, Zimbabweans are sometimes reluctant to voice
political complaints openly, particularly if they do not know
their interlocutors well.
Zimbabwe's major print media (five English-language newspapers
and one vernacular broadsheet) are government controlled.
Other, smaller, privately owned print media are, however,
allowed to operate. Television and radio are wholly
government owned. Senior media officials follow the official
government/ruling party line closely and practice a high
degree of self-censorship. Press coverage which disputes the
main lines of government policy, criticizes the ruling party,
or questions the actions of senior government or party
officials is rare. The Herald and the Sunday Mail were forced
to issue retractions on at least two occasions in 1987. The
first instance was over an article on India's involvement in
Sri Lanka. Of greater consequence was the Sunday Mail account
on April 12 of Cuba's expulsion of Zimbabwean students. The
Prime Minister publicly apologized to Cuba's visiting Foreign
Minister for the Sunday Mail stories and denounced the stories
as "reactionary." Stating that Zimbabwe "cannot have a
reactionary press," the Prime Minister promised to deal
"personally" with the "holder of the pen." Sunday Mail editor
Muradzikwa subsequently was dismissed, although eventually he
was given an administrative position with the paper.
On the other hand, the government-controlled press has devoted
considerable coverage to reports issued by the commission of
inquiry into parastatals (public corporations) because of the
high status accorded to the commission by the Prime Minister.
These reports often have narrated explicit tales of official
corruption and mismanagement. There also have been reports in
1987 criticizing inefficiency or poor planning in selected
social or economic areas. The independent weekly Financial
Gazette focuses on business news but exhibits more
investigative range (including political coverage) and
analytical depth than government-owned media. In 1986
Information Minister Shamuyarira accused the Financial Gazette
of serving as a "mouthpiece" for foreign powers and threatened
unspecified action against the paper unless it modified its
reporting and editorial procedures. Although the Financial
Gazette was threatened with similar "unspecified actions" in
1987, no official action was taken against the paper.
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ZIMBABWE
International journalists also have been threatened from time
to time. In May three journalists were detained and
interrogated repeatedly because police suspected that the
reporters had had advance knowledge of the South African
attack on the Zambian border town of Livingstone.
b. Freedom of Peaceful Assembly and Association
The Constitution formally provides for the right of assembly
and association for political and nonpolitical organizations
including a broad spectrum of economic, professional, social,
and recreational activities. In practice, there are serious
obstacles to the full exercise of this right, particularly in
the case of political associations.
Police permits are required for public meetings and political
rallies. Although ZAPU held some public rallies early in
1987, its meetings officially were banned, and its offices
closed by police order from mid-September until the end of
November. The preponderant position of ZANU in the country
has helped to foster the assumption that membership in the
party is a demonstration of loyalty and patriotism (as well as
an advantage in terms of professional and social advancement),
whereas identification with minority parties is suspect and a
form of political deviance.
There are numerous nonpolitical business and employers'
organizations, professional associations, and recreational and
sports clubs, that are generally free of governmental
interference. The Government has intervened, however, when it
perceives any association activity to be straying into even
remotely political waters.
Under the comprehensive labor legislation passed in 1S85,
labor has the right to organize and bargain collectively. The
Government, however, sets guidelines for minimum salary
increases which serve as a floor above which the trade unions
may negotiate with management for greater increases. The
Government also promulgates all regulations regarding the
hiring and firing of workers, thus effectively preempting
another aspect of the collective bargaining process. In
addition, the Zimbabwe labor code only permits "collective job
action" which does not affect "essential services." The
Minister of Labor has the discretion to decide what is an
"essential service," so the Government has the capacity to
declare any strike to be illegal. Trade unions, acting
through the umbrella Zimbabwe Congress of Trade Unions (ZCTU) ,
generally cooperate with the Government, though the
Government's party, ZANU, does not have any special strength
within the trade union movement.
Approximately 17 percent of Zimbabwean workers belong to the
ZCTU. The trade union movement is still young, somewhat
disorganized, and undisciplined. The ZCTU also has been
unable to promote public discussions of the Government's labor
policy. At the 1987 May Day ceremonies, the Prime Minister
declared that the Government would issue guidelines for a wage
increase. In July, however, the Government imposed a wage
freeze, and the ZCTU was not even able to meet with the Prime
Minister to present its case. Though the ZCTU has threatened
strikes in the past, it did not call for strikes in 1987.
Such inaction has eroded the ZCTU's credibility. Since the
July wage freeze, workers have staged various short-term
wildcat strikes, and a strike by the Shoemakers Union on
October 26 was quickly quashed by government order.
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ZIMBABWE
The ZCTU is officially nonaligned. It receives funding from,
but is not affiliated with, the International Confederation of
Free Trade Unions, The ZCTU also maintains contacts with the
Anerican Federation of Labor and Congress of Industrial
Organizations through the African American Labor Center and
with trade unions from the Eastern Bloc. The ZCTU is a member
of the Organization of Africa Trade Union Unity and the
Southern Africa Trade Union Coordination Council, as well as a
participant in the International Labor Organization.
G. Freedom of Religion
Freedom of religion is respected in Zimbabv.'e. There is no
state established religion. Denoniinations are permitted to
worship openly, pursue social and charitable activities, and
maintain ties to affiliates and coreligionists abroad.
Religious belief is neither a handicap nor an advantage in
terms of professional or political advancement. Many
government leaders received their education in mission
schocis, and a number of senior ZANU officials are, in fact,
clergymen. Elective courses in religious studies are part of
the secondary school cuirjculum.
The Government in isolated cases has intervened to settle
dispute.': within fringe religious groups.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travel at home and abroao is not generally subject to official
restrictions, although travel restrictions ha>/e been
occasionally applied against those who it was believed might
criticize the Government before foreign audiences. This
practice does not appear to be widespread. A far more serious
practical obstacle to foreign travel is currency control,
which severely limits the amount of foreign currency Zimbabwe
nationals can take out of the country.
Immigration is not restricted, although persons who have left
the country are not guaranteed the right to return if they
were not born in Zimbabwe. Applicants must be able to
demonstrate proof of livelihood. Repatriates from South
Africa are always suspect and are considered economic
competition for black Zimbabweans. Another significant group
of repatriates consists of political refugees who have
returned primarily from Dukwe Camp in Botswana. Almost 950 of
these repatriates have reentered Zimbabwe since 1985.
Zimbabwe has also accepted at least 70,000 refugees and
displaced persons from Mozambique, many of whom are fleeing
civil strife and economic deprivation. These refugees are
accommodated in camps near the MozambLcan border. The
Government fears that MNR guerrillas infiltrate Zimbabwe under
the cover of these refugees, and it has declared its intention
to repatriate them. The police and the army have forcibly
repatriated over 9,000 Mozambican refugees from Zimbabwe. The
repatriations have resulted in many injuries and some deaths,
and about 300 Mozambican men are missing. Families also have
been separated. Over 5,000 dependents were left behind in
Zimbabwe. In addition, self-settled Mozambican refugees and
transient workers have been forced into refugee camps which
lacked the infrastructure to deal with the influx.
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Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Zimbabwe currently has a popularly elected government. The
decision to merge the two major parties, ZANU and ZAPU,
announced December 22, 1987, will leave eight members of the
Assembly who are not members of the merged party; seven of
these, however, were supported by ZANU. Other parties are not
forbidden by law. On December 31, Robert Mugabe, the head of
ZANU, was inaugurated as the first executive President of the
country in a constitutional change to replace the Westminster
model created by the Lancaster House agreement. Most Members
of Parliament represent electoral districts and are chosen by
direct, universal suffrage. Other Members of Parliament are
nominated by the President, are traditional chiefs, or were
elected by incumbent House of Assembly members.
The President is Head of State and Head of Government and is
responsible to Parliament. He presides over the Cabinet,
which is the executive decisionmaking body. The Parliament
contains two chambers: the House of Assembly and the Senate.
Late in 1987, Zimbabwe's Parliament passed two major
constitutional and election law amendments which affected
racial representation in the Parliament and the nature of the
executive. The Lancaster House Constitution of 1979 previously
reserved 20 of 100 seats in the House of Assembly and 10 of 40
seats in the Senate for whites who were elected by a separate
white electoral roll. These reserved seats and the separate
white voters' roll were abolished by a constitutional
amendment approved by Parliament. The remaining 80 members of
the House of Assembly, acting as an electoral college, elected
new members to the House of Assembly and the Senate in October.
Fifteen black and 15 white Zimbabweans were elected to fill
the vacant seats. All of these replacement Members of
Parliament were nominated by ZANU, which gives the ruling
party an overwhelming majority in both houses of Parliament.
It should be noted that the 15 whites elected to the
Parliament late last year were not nominated by ZANU, although
ZANU did support their election.
The second constitutional amendment replaced the prime
ministerial system of government with an executive presidency.
Though the President will eventually be directly elected by a
common voters' roll to a term of 6 years, in the transition
the President was chosen by a simple majority of the present
Parliament and will serve in office until the first popular
presidential election. The constitutional amendment mandates
that this presidential election take place not later than the
next parliamentary general election now scheduled for 1990.
The President appoints the Vice President and the rest of the
Cabinet, who serve at his pleasure. The President is not
obliged to consult the Cabinet on the dissolution or
prorogation of Parliament or on ministerial appointments.
Successful votes of no confidence require the approval of
two-thirds of the Assembly. A two-thirds majority vote also
is necessary to override a presidential veto. As an
alternative to resigning in response to a successful
no-confidence vote, the President must either dissolve
Parliament or dismiss the Vice President and the entire
Cabinet. The office of Prime Minister does not exist in this
new executive system.
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ZIMBABWE
The current President, Robert Mugabe, has made clear his
intention to proceed toward the establishment of a one-party
state, and the ZANU-ZAPU merger agreement explicitly endorses
this goal. Creation o£ a one-party state in Zimbabwe will
significantly alter the current governing arrangement whereby
opposition parties, although discriminated against and
harassed by the Government, still play an important role in
preserving democratic processes. However, the new united
ZANU, in absorbing the several and competing ethnic groups
that make up Zimbabwe, will probably continue to be the arena
of political jostling and competition.
With regard to local government, the opposition party ZAPU
swept 9 of 12 Matabeleland districts in the June elections for
district councillors. During the campaign a ZANU activist was
murdered for refusing to attend a ZAPU rally in Hwange, and an
independent candidate (with close ties to ZANU) in the Inyati
district elections claimed to have been threatened by "armed
dissidents." Citing "voter intimidation," the Government
annulled the election? in Hwange and Inyati and postponed
elections in the Insiza and Gwanda districts for "security
reasons." The incumbent district councillors, most of whom
belonged to ZAPU, were allowed to remain in office in these
districts. In the remaining districts, the newly elected
councillors were allowed to take office.
In September the Minister of Home Affairs ordered that ZAPU
offices in Matabeleland be closed because ZAPU allegedly
frustrated government programs and supported the "armed
dissidents." Police raided the ZAPU office in Bulawayo and
arrested 11 ZAPU officials, all of whom have now been
released. Six Matabeleland district councils were dissolved.
Five of these councils, including Hwange and Inyati, were
ZAPU-cont rolled, and the sixth, Binga, was controlled by
former ZAPU officials wno had recently changed party
affiliation to ZANU.
Section 4 Governmental Attitude Regarding International and
Nongcvernm.ental Investigation of Alleged Violations
of Human Rights
The Government is highly sensitive to charges by international,
nongovernmental organizations of human rights abuses in
Zimbabwe. In 1986 the Government attempted to frustrate
outside investigations of human rights abuses and denounced as
lies reports of the abuse of human rights. It declared
Amnesty International in 1986 an "enem.y of the people," and,
according to Amnesty International's 1987 Report, threatened
that anyone who supplied the organization with information
would be detained. In contrast to last year, there were
neither threats nor detentions of human rights activists in
1587. Though the Government reduced its pressure on human
rights groups, officials continue publicly to deny that human
rights abuses occur in Zimbabwe except in exceptional and
unauthorized cases.
Despite these public denials, senior government ministers
privately have expressed a willingness to investigate cases
involving alleged human rights abuses and to seek rem.edial
action if necessary.
Private Zimbabwean groups supporting efforts to increase
public awareness of human rights principles and law operate
without hindrance. For example, the Bulawayo-based Legal
Projects Center and the Harare-based Legal Resources
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ZIMBABWE
Foundation operate libraries and information centers and are
expanding activities to train lawyers in this branch of the
law. The Legal Projects Center provides a legal aid clinic
which handles matters ranging from locating missing detainees
to domestic disputes.
The Government consistently has denied permission to the
International Committee of the Red Cross (ICRC) to visit
prisoners. In 1986, however, some prominent foreigners were
allowed to visit Stops Camp detention facility in Bulawayo,
where torture and prisoner mistreatment had allegedly
occurred. Evidence suggests that Stops Camp has been the
scene of far fewer human rights abuses in 1987.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Government services in Zimbabwe are provided on a
nondiscriminatory basis, and the Government has been able to
work with the previously "whites only" infrastructure in urban
areas to provide health and other social services to all. In
many rural areas, however, the neglect of the preindependence
period still leaves the Government struggling to provide
minimum care. Blacks on some commercial farms are still
dependent mainly on white farmers to meet basic health care
and educational needs.
In social terms, Zimbabwe remains a racially stratified
country despite bans against official discrimination. While
schools, churches, and clubs are all integrated, there is
limited social interaction between racial groups. The
"colored" (mixed race) community has complained of
discrimination by the Government in allocation of civil
service jobs.
Efforts to change ingrained cultural practices are under way,
but women still bear a heavy burden of discrimination in
Zimbabwean society. All women still are vulnerable to
traditional law, particularly concerning inheritance
practices, but recent court rulings and legislation are
improving the status of women. For example, the courts upheld
in 1987 the legal right of a woman to inherit property. The
contribution of wives to family property was recognized in the
Matrimonial Causes Act passed late in 1985, which requires
that family assets be distributed equitably when couples
divorce. With regard to inheritance laws, the Government is
attempting to blend customary practices into modern
legislation. A woman's position is still tenuous when it
comes to inheriting her husband's estate if he did not leave a
valid will. Zimbabwe law prohibits "kuzvarira", or pledging of
young girls to marriage partners not of their own choosing.
However, unless the girl is well educated and outspoken,
marriages based on "kuzvarira" still occur within the
traditional setting. Also, the tradition of "lobola" (bride
price) continues.
Due to concern over the spread of AIDS, the police have again,
attempted to crack down on prostitution. The police have
shown considerably more restraint and discretion than they did
in 1986, and there have been no reports of indiscriminate
harassment or detention of innocent women.
366
ZIMBABWE
CONDITIONS OF LABOR
The 1985 Labour Relations Act calls for strict enforcement of
acceptable standards of health and safety, and these standards
are uniformly enforced in the industrial sector with only a
few isolated exceptions. Under Zimbabwe law, the minimum
working age for the formalized economy is 18, but it is
possible to begin an apprenticeship at age 16. The workweek
can be as high as 60 hours but averages 44 hours. The law
prescribes a 24-hour rest period each week. There were 15,345
work-related accidents, including 194 deaths, in 1987 among
the 1.5 million workers included in the Government's labor
statistics .
Minimum wage levels in Zimbabwe are set by the Government
along sectoral lines. The current level for agro-industrial
workers is approximately $90 per month. The minimum wage for
general agricultural and domestic workers is about $52 per
month, minimally adequate for a decent living. Most employers
also provide housing, food, medical care, and, on commercial
farms, full schooling, for workers and their families. The
Zimbabwe Congress of Trade Unions has called upon the
Government to establish a minimum "living wage" for its
members of $173 per month. It is unlikely, however, that the
Government will mandate such a substantial minimum wage
increase in the foreseeable future.
367
CENTRAL AND SOUTH AMERICA
ANTIGUA AND BARBUDA
A member of the British CommoSiwealth, Antigua and Barbuda
celebrated its sixth anniversary of independence from the
United Kingdom on November 1, 1987. Respect for human rights
in Antigua and Barbuda is grounded in its domestic law and
reinforced by the democratic political values and traditions
that evolved before independence and which continue to develop.
Its population supports these values and expresses dissent
openly, aided by a free press. The Constitution provides for
a parliamentary system of government based on majority rule
and requires general elections at least every 5 years.
Security forces consist of a police force, a coast guard, and
the Antigua and Barbuda Defence Force, a 120-man infantry unit.
The police are organized, trained, and managed according to
British law enforcement practices. The security forces have a
good reputation for respecting individual rights in the
performance of their duties.
Antigua and Barbuda's good human rights record was largely
unchanged in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
There were no reports of disappearances or politically
motivated abductions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture and other forms of cruel or
inhuman treatment of prisoners or detainees. The Government
respects these prohibitions in practice. Prison conditions
are adequate, and the authorities permit regular visits by a
prisoner's family and attorney as well as by members of the
clergy.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution prohibits arbitrary arrest and detention,
which do not occur in practice. Criminal defendants are
guaranteed the right to a judicial determination of the
legality of their detention, and detainees must be brought
before a court within 48 hours of arrest or detention.
There were no reports of cases of involuntary exile.
The Constitution prohibits forced or compulsory labor, and
there were no reports of such practices in Antigua and Barbuda.
e. Denial of Fair Public Trial
Criminal defendants are assured a fair, open, and public
trial. The independent judiciary is widely respected for its
impartiality and professionalism. The Governme.it provides for
368
ANTIGUA AND BARBUDA
legal assistance at public expense to persons without means to
retain a private attorney. There are no political prisoners
in Antigua and Barbuda.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were no reports of arbitrary police or government
actions against a person's home, family, or privacy. The
police must obtain a warrant before searching private prem.ises.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution provides for freedom, of speech, the
press, and other forms of communication, in practice the
Government dominates the electronic media, which is the only
source of daily news. Opposition politicians have not been
able to obtain air time to present their positions. ABS Radio
and Television report regularly on the activities of the
ruling Antigua Labour Party but rarely report on the
opposition. Criticism of the Government appearing in wire
service regional reports is not aired in Antigua.
A different situation exists in the nation's print media.
Weekly newspapers representing the opposition publish a
variety of opinions. They are free to criticize the
Government and do so regularly. Religious organizations also
publish their own newspapers.
b. Freedom of Peaceful Assembly and Association
The Constitution assures the right of peaceful assembly.
Public meetings and organized demonstrations are held without
police interference. Permits for public meetings are necessary
but are granted routinely.
Less than a majority of Antigua and Barbuda's workers belong
to unions, but labor organizations are free to organize and
bargain collectively. The hotel industry in Antigua and
Barbuda, for example, is heavily unionized. The right to
strike is recognized by the Labour Code. This right can be
limited if the Court of Industrial Relations becomes involved
in a given dispute. Once the Court has been requested by
either party to mediate the dispute, there can be no strike
while the Court is formulating a decision. Because of the
delays associated with this process, in practice labor disputes
are often worked out before a strike is called. There has
been one strike in the past 2 years.
Unions are free to affiliate with international labor
organizations and do so in practice. Antigua and Barbuda has
two major trade unions: the Antigua Trade and Labour Union
(ATLU) and the Antigua Workers' Union. The ATLU is associated
with the ruling Antigua Labour Party, while the AWU is allied
with the opposition United National Democratic Party. During
1987 the ATLU did not hesitate to criticize government
policies and practices with which it disagreed.
c. Freedom of Religion
There is free exercise of religious beliefs. The population
is overwhelmingly Protestant, but adherents of other religious
denominations proselytize openly without stigma or government
369
ANTIGUA AND BARBUDA
interference. All groups are free to maintain links with
coreligionists in other countries.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Neither law nor practice restricts the right of citizens of
Antigua and Barbuda to move about within the country, to
travel abroad, or to emigrate.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their ' Government
Antigua and Barbuda has a multiparty political system which
accommodates widely divergent views. All citizens 18 years of
age and older may register and vote. Individual parties
conduct voter registration drives free from government
interference. The Government is obligated by law to hold
voter registration during a fixed period each year.
Prime Minister V. C. Bird Sr.'s Antigua Labour Party (ALP) won
an overwhelming victory in the April 1984 elections, taking
every constituency in Antigua. In Barbuda, an independent won
the sole seat and became the Government's only parliamentary
opposition. Despite the lopsided ALP victory, the elections
were fair and open.
The opposition energetically attacks the Bird government,
particularly on the issue of alleged government corruption.
On the smaller island of Barbuda, which has less than
2 percent of the country's total population, separatist
sentiments remain strong.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Internationally recognized human rights organizations have not
expressed concern about Antigua and Barbuda. There were no
requests for investigations or inquiries into alleged
violations in 1987. The Government is sensitive to human
rights issues and has condemned abuses elsewhere.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Law and practice prohibit discrimination based on race, sex,
creed, language, or social status. The role of women in
society is not restricted by law, but tradition tends to limit
women to home and family, particularly in rural areas. As
elsewhere in the region, these traditional roles are changing.
The Government has begun programs to provide enhanced
educational opportunities for both sexes as well as family
planning services. Under the energetic prodding of the
Government's "Women's Desk," women are moving up in government
and the professions, but more slowly in the private sector.
CONDITIONS OF LABOR
The legal minimum working age is 13, a regulation which is
respected. The workweek is 40 hours in 5 days, and workers
are guaranteed a minimum of 3 weeks' annual leave. There are
no occupational health and safety laws or regulations, but the
Labour Code provides general health and safety guidelines.
Opposition labor unions have said that enforcement of these
370
ANTIGUA AND BARBUDA
guidelines by the Labour Ministry is weak due to a shortage of
personnel. A series of minimum wages for different categories
of employment was established in 1981, but labor unions have
argued that the wage levels are too low. These various
minimum wages are currently being reviewed by the Government.
371
ARGENTINA
In the fourth year since its return to constitutional
government, the Argentine people and their elected leaders
continued to demonstrate in 1987 a strong commitment to
democracy and the rule of law. Argentina is governed by a
Constitution with an elected president, bicameral legislature,
and autonomous judiciary. In 1987 Argentina held its third
successful national election in 4 years, following an extended
campaign, free and open debate, dozens of rallies, and full
press coverage. All elements of the ideological spectrum are
represented in Argentine politics. Criticism of the Government
and opposition to it are freely expressed. The military and
police operate under civilian political control and the courts
review charges of abuses. Respect for individual rights is
strong .
A political crisis occurred in 1987 concerning prosecution of
military personnel for alleged abuses committed during the
1976 to 1983 period of military rule. The Government's
attempt to bring a definitive end to the prosecutions through
the so-called "punto final" law of December 1986 brought
hundreds of cases to the federal courts early in the year.
Following an April uprising by a group of military officers.
Congress passed a "due obedience" law, the practical effect of
which was to protect from prosecution all but an estimated 50
retired, and perhaps one or two active duty, officers. Some
human rights activists and opposition leaders criticized the
law, but all agree that it was adopted in full accord with
constitutional requirements. Tensions over human rights
trials lessened considerably in the latter half of the year.
The inefficiency of the judicial system and conditions in
Argentine prisons provoked some protests in 1987, but reforms
currently before Congress and new construction are expected to
ameliorate the problems. Political bombings increased in
1987, but injuries and damage were minimal, and none were
conclusively attributed to any institution. The Government
received generally high marks from all observers on its
respect for the basic human rights of its citizens.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no credible reports of political killings by the
Government in 1987. Some human rights organizations,
political movements, and press representatives criticized
police — particularly in Buenos Aires province — for the number
of deaths resulting from armed confrontations with criminal
suspects. The most widely publicized of these incidents
occurred in the district of Ingeniero Budge, where three men
were shot and killed by local police in May while allegedly
resisting arrest. Critics claim police routinely shoot to
kill. The police note that most of the disputed killings
occur in dangerous zones of Buenos Aires where officers feel
threatened.
Apparent politically motivated bombings rose substantially in
1987. Most were small explosions late at night, causing
little damage or injuries. Targets covered the political
spectrum, including the right, left, national parties,
military, church, human rights groups, press, and judicial
372
ARGENTINA
officials. The incidents clustered around high profile
events, such as the Pope's visit in early April, the Easter
week military crisis and military trials debate, and the
September 6 national elections. The perpetrators never
claimed formal responsibility for the bombings, and there is
no consensus on the possible identity of the persons or groups
responsible. There have been few arrests.
b. Disappearance
There vore no known abductions, secret arrests, or
disappearances linked to or condoned by the Government during
1987. In at least one instance, that of the overnight
abduction of a student member of the Argentine Communist Party
in July and her subsequent abduction in November, critics
charged that members of the security forces were acting as
unauthorized vigilantes against political opponents. A number
of kidnapings connected to criminal extortions occurred. Not
all v;ere reported to the authorities; some ended in release of
the victim without identification of the perpetrators.
The Undersecretariat of the Interior for Human Rights
estimates that 39 minor children whose parents disappeared
during military rule have been identified since 1984.
Eighteen were returned to their families, 11 remain with
adopted families, 6 cases are before the courts, and 4 were
determined to have died. In 1987 the Government identified
four children living in Paraguay as offspring of Argentine
citizens who disappeared during military rule. The Government
requested their return and recalled its Ambassador in August
for 3 months to protest the official Paraguayan refusal to
return the children and their purported parents. The
Paraguayan courts have reopened the case for further
consideration.
In October-November, the Argentine Federal Police broke up a
kidnap gang that operated in the late 1970 "s and early
1980's. Six police officers were arrested for the kidnapings
and murders of three Argentine businessmen. One later
committed suicide in jail, and a seventh committed suicide to
avoid arrest. Evidence so far suggests that the police
officers operated purely for extortion, with no political
overtones. The families of the victims and at least one
prosecutor have suggested that members of an Argentine army
intelligence unit were also involved.
In Ai!gust President Alfonsin signed a decree providing
pensions to spouses and minor children of victims who
dit;appeared between 1976 and 1983.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture. A 1985 criminal code
reform provides penalties for torture similar to those for
homicide. Argentina han ratified the U.N. Convention Against
Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment. In spite of the reforms and ratification, some
human rights groups accuse police of continuing to mistreat
prisoners. There are procedures for investigating claims of
mistreatment administratively, through the Undersecietariat of
Interior for Human Rights and through the Courts. Argentina's
prisons are generally old, and the conditions provoked some
prison protests, hunger strikes, and riots in 1987. Some
prisoners and wardens were injured. The number of prison
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ARGENTINA
disturbances in 1987 was fewer than in the year before.
Government officials say they are improving prison conditions.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Argentina has a well-developed legal code containing express
protections of individual rights and controls on police arrest
and investigatory powers. Arrests require probable cause or a
judicial order, and the law provides for a judicial
determination of the legality of detention. However, the
penal code gives the courts authority to detain individuals
without notice or charges for up to 8 days during
investigations. Even in the case of minor offenses, holding
suspects without charges for several days is not uncommon.
Forced or compulsory labor is forbidden by law and is not
practiced.
e. Denial of Fair Public Trial
Argentina's judicial system is widely recognized as fair and
independent, if frequently slow and cumbersome. The
Constitution and penal code provide for trials before
professional judges and appellate review of all judicial
rulings, including those of military courts. Federal courts
interpret constitutional protection against "arbitrary" trial
process to permit wide-reaching review of criminal
prosecutions .
Inadequate resources and time-consuming procedures seriously
impede the judicial system. In 1987 the Secretary of Justice
submitted draft judicial reforms to the Congress which are
designed to streamline the judicial system through more
efficient legal procedures and professional personnel. Oral,
as opposed to written, testimony would be permitted for the
first time in criminal prosecutions.
As in most civil law countries, trial by jury does not exist;
verdicts are rendered by judges. The police have legal
authority to judge misdemeanor cases, which are often settled
by senior police officials. The legal system provides for
public defenders, but in 1987 caseloads exceeded what these
officials could handle. The right to bail is provided by law
and observed in practice.
Some human rights groups claimed there were 12 political
prisoners incarcerated at the start of 1987. The Government
asserts that the prisoners were convicted for violent crimes
prior to the 1976 military coup, by constitutional courts
whose verdicts could not be summarily overturned by the
executive branch. Human rights groups believe the prisoners
were convicted under proceedings lacking in minimum due
process. The prisoners claim they confessed under torture or
duress and were denied an adequate defense. Six of the
prisoners were released in 1987 following judicial review of
their cases and application of Argentina's 1984 law counting 1
year in prison since 1976 as 2 years. Six remain in jail.
The Inter-American Human Rights Commission has agreed to
review the case of one of those who has since been released.
Argentina's best known former guerrilla, Montonero leader
Mario Firmenich, was convicted and sentenced to life
imprisonment in May for murder and kidnaping. He has appealed
the conviction.
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ARGENTINA
Tension resulting from the prosecution of military personnel
for human rights abuses committed during military rule erupted
into political crisis in 1987. Following the December 1986
"punto final" law imposing a 60-day deadline for initiating
additional military prosecutions, as many as 400 cases were
brought before the federal courts by March. In April an Army
major refused to respond to a subpoena, and a Lieutenant
Colonel gathered a group of supporters at the Campo de Mayo
Army Base to demand redress on prosecutions and other issues.
After several tense days, the officers returned to their
bases. In May Congress passed legislation legitimizing the
"due obedience" principle by which virtually all military
personnel below the ranks of colonel or navy captain are
presumed to have acted under orders between 1976 and 1983 and
are not subject to prosecution. The Supreme Court upheld the
constitutionality of the principle of "due obedience," thus
effectively reducing the number of prosecutions to an
estimated 50 retired and possibly one or two active duty
officers. Some of the tension with the military dissipated
after passage of this law. Isolated incidents occurred at
individual bases in late 1987, but none approached the
intensity of the April crisis.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There is constitutional protection against unreasonable search
and seizure. Few cases of arbitrary intrusion by the State
into the private lives of persons were reported in 1987. A
1985 bill providing criminal penalties for arbitrary
interference with personal privacy, home, or correspondence
remains pending in the Congress.
Section 2 Respect for Civil Liberties, Including:
a. P'reedom of Speech and Press
Argentina enjoys a free press. An active and independent
press covers the political spectrum. Criticism of the
Government is fully tolerated, and opposition viewpoints are
freely expressed. Nevertheless, the State owns 40 percent of
the radio stations and controls the franchises on others as
well as the franchises for television stations it does not
already own. Three of the four principal Buenos Aires
television channels which are syndicated throughout the
country are government owned. Som.e observers criticize both
the government domination of the national newsprint industry
and the "right of reply" law which exists in many provinces.
Representatives of the Argentine press charged the Government
with prior censorship in May when it sought and obtained a
court order prohibiting publication of a paid advertisement
defending a former military junta member convicted in 1985.
An appellate court subsequently overturned the lower court's
injunction, but the affected newspapers have appealed the case
to the Supreme Court for a definitive ruling on the
constitutional right to publish v/ithout injunction. These
issues were fully debated in the national press. Critics did
not accuse the Government of limiting or controlling debate,
although some believe the Government's Secretariat for Public
Information influences press coverage of certain political
matters .
At its 1987 Conference, the Inter-American Press Association
(lAPA) was generally satisfied with respect to the press in
Argentina. lAPA was critical, however, of Argentina's "right
375
ARGENTINA
of reply" laws, the injunction against a paid advertisement,
the law prohibiting newspapers from owning broadcast stations,
and the specific case of a provincial editor who was sued for
refusing to reveal his news sources.
Academic freedom is respected. Students and faculty complain
about, and in some cases have engaged in strikes to protest,
the limited government resources dedicated to public education.
b. Freedom of Peaceful Assembly and Association
All groups and political parties are free to organize and
assemble. Argentine law requires political parties to support
the Constitution and a democratic, representative, republican,
and federal form of government in order to register for
elections. At present, no party has been denied registration.
During the 1987 election campaign, dozens of parties held mass
rallies. The police received some criticism for the manner in
which they broke up a demonstration against the Pope's visit
in April and the arrests of several members of the "Mothers of
Plaza de Mayo" human rights organization for defacing a
national monument in July. In neither instance were the
police accused of trying to stifle peaceful assembly.
The labor movement is a major independent, economic, and
political force. About one-third of the work force is
unionized. Previous military regimes suspended laws governing
labor relations and systematically blocked many trade union
rights. After months of debate in 1987, the Congress has
passed legislation recasting the legal codes to restore free
collective bargaining and the normal ground rules for
industrial relations and trade union activities.
Argentina's largest labor organization, the General
Confederation of Workers (CGT) , was active economically and
politically in 1937. The CGT and many individual unions
engaged in consultations with employers and the Government on
issues affecting labor and the economy. Unions have the right
to strike in Argentina, and many exercised that right in
1987. The CGT led several general strikes of one day or
less. The Confederation and member unions played an active
role in the September 1987 national election campaign.
Argentine unions are active in the international trade union
movement .
c. Freedom of Religion
The Constitution provides for the free exercise of religion,
but also establishes Roman Catholicism as the state religion.
The Government provides financial support to the Roman
Catholic Church and the Constitution requires the president
and vice president to be Roman Catholics. Other religions
must complete a pro forma registration with the Government to
obtain legal recognition. Missionaries from any religion are
permitted to enter Argentina and proselytize. The non-Catholic
population is growing. Argentina's Jewish community (at an
estimated 300,000, the largest such community in Latin America)
practices its religion without official restraint.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
International and internal travel as well as emigration are
unrestricted. Refugees are not forced to return to countries
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ARGENTINA
from which they have fled. In September the Government
declared an amnesty for undocumented aliens residing in
Argentina .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Argentina is a federal republic, governed by an elected
president, bicameral legislature, and an independent
judiciary. Since September 1983, Argentina has held three
national elections to choose a president, vice president,
provincial governors, all national deputies, provincial
legislatures, mayors, and municipal councils. By all
accounts, each election was free, fair, and democratic. The
September 1987 national elections resulted in major gains for
the principal opposition Justicialist Party and losses for the
governing Radical Party.
Twenty political parties--ranging from left to right--will be
represented in the Congress as a result of the September
election. Additional parties won election in individual
provinces. From the powerful Just icialists to miniscule
provincial movements, Argentina's opposition parties operate
freely. Women and minorities have full political rights and
are not excluded from political life.
Women participate freely in Argentine politics. There were
scores of women candidates in the three national elections
since 1983. Effective December 1987, 13 women sit in the
National Chamber of Deputies, a body of 254 members, and 3
women sit in the 46-member National Senate.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Amnesty International, the International Committee of the Red
Cross, and a host of international human rights organizations
enjoyed free access throughout Argentina. Eleven domestic
human rights organizations operated openly in 1987, despite
occasional bombings, death threats, and harassment from
unidentified sources. During January and February, the
organizations brought hundreds of charges to the federal
courts related to disappearances during the years of military
rule. Most of Argentina's human rights groups actively
opposed and openly lobbied the Government against passage of
the "due obedience" law in May.
Suspected Nazi war criminal Josef Franz Leo Schwamberger was
arrested in November and is being held for possible
extradition to the Federal Republic of Germany. Jewish
organizations expressed satisfaction with the arrest and
extradition but concern at the lengthy delay in locating and
arresting the suspect.
Argentina plays an active role in both the United Nations
Human Rights Commission and the Organization of American
States' Inter-American Human Rights Commission. The
Government has ratified the American Convention on Human
Rights (1984) and the U.N. Conventions on Torture, Civil and
Political Rights, and Economic, Social and Cultural Rights
(all in 1986) .
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ARGENTINA
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Argentine women are active in government, the professions,
politics, and private voluntary organizations. Although there
is no official policy of discrimination against them, women
have to contend with some discrimination that is rooted in
cultural, economic, political, religious, and social
structures. Legislation banning sex discrimination is pending
in the Congress.
Argentina adheres to the U.N. Convention for the Elimination
of Discrimination Against Women. In June the Congress passed
legislation recognizing divorce in Argentina.
About 20 percent of Argentina's full professors and about 50
percent of the assistant professors are women. One private
university has a woman rector. Almost 50 percent of the
medical and law school graduates in 1987 were women.
There is a current of anti-Semitism in Argentine society and
occasional anti-Semitic incidents occur. In the final months
of 1987, Argentina's Jewish community expressed concern at
signs of increasing anti-Semitism. They specifically cited
anti-Semitic remarks during a public Mass in September,
anonymous threats following the Schwamberger arrest in
November, and a November synagogue bombing. A draft bill
providing criminal penalties for racial, religious, and other
forms of discrimination is pending in Congress.
CONDITIONS OF LABOR
Argentina offers comprehensive protection of workers' rights.
The maximum workday is 8 hours; the maximum workweek is 48
hours. Premiums must be paid for work beyond those limits.
Children under 14 years of age may not work except in the
family. Minors of ages 14 and 15 may work but not more than 6
hours a day or 35 hours a week. The same law applies to minors
16 to 18 years of age, although competent authority may allow
an exception. Rules governing vacations, minimum wages, and
occupational health and safety are comparable to those in
other Western industrial nations, and are respected in
practice .
378
THE BAHAMAS
A member of the British Commonwealth, The Bahamas is a
constitutional, multiparty democracy. Its political and legal
traditions are similar to those of Great Britain, with emphasis
on the rights of individuals. The Queen of England is
recognized as Head of State; she is represented by an appointed
Governor General. The Progressive Liberal Party (PLP) has
governed since 1967 under the same leader. Prime Minister Sir
Lynden O. Pindling, and retained power following general
elections in June 1987.
The police and small defense force respect constitutional and
legal human rights provisions. There have been cases of
drug-related corruption of law enforcement officers, as there
.have been allegations of such corruption of other public
figures. The Bahamas has a well-established judicial system
based on common law and British procedures. Violent crime,
drug addiction, and narcotics trafficking continue to be
serious societal problems.
The Constitution provides for the protection of fundamental
rights and freedoms without discrimination by reason of sex,
race, religion, origin, or political opinion, and its
provisions are generally observed.
The Bahamas' overall human rights record with respect to
Bahamian citizens was generally good in 1987. Problems in the
treatment of illegal Haitian immigrants continued; however,
there was a marked improvement beginning at midyear.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of killings for political motives.
b. Disappearance
There were no reports of abductions or disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture and other forms of cruel or
degrading treatment or punishment. Americans and Bahamians
detained by police have on occasion reported instances of
police brutality in the course of arrests and interrogations;
however, as far as can be determined, no charges were ever
filed. Prison conditions in Nassau have been characterized as
dirty, and the food barely adeguate. In 1987 the Government
installed a central sewage system in the Nassau prison in
order to improve sanitary conditions.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution prohibits arbitrary arrest and detention. The
right to a judicial determination of the legality of detention
is respected; charges are normally brought within 48 hours of
arrest; and those arrested are usually allowed access to an
attorney of their own choosing.
379
THE BAHAMAS
Arbitrary mass arrests of Haitians suspected of being illegal
residents continued during the first half of 1987. Those
arrested were denied bail and languished in jail, for weeks in
some cases, until their cases were heard. In May the Grand
Bahamas Human Rights Association and L'Abri Ministries (an
umbrella group of religious organizations) joined in filing a
petition with the Organization of American States'
Inter-American Commission on Human Rights denouncing the
Government's treatment of Haitian detainees. However, prior
to the June 19 general elections the Government ended mass
roundups and, with the resignation in June of the National
Security Minister and abolition of the National Security
Ministry, Haitian detainees have been processed rapidly,
spending in some cases only 1 day in detention. In May the
Government announced its first monthlong amnesty since 1985
for illegal aliens to register with the authorities and accept
voluntary repatriation. In July the newly appointed Haitian
consul characterized relations between Haiti and The Bahamas
as "very good," and commented favorably on the improved
treatment of Haitian detainees in Nassau's Fox Hill prison.
The Constitution specifically prohibits forced or compulsory
labor, and it is not practiced.
e. Denial of Fair Public Trial
An independent judiciary conducts fair and public trials. The
Constitution entitles defendants to counsel, and access to
defendants is freely permitted. These protections have not
always been afforded to Haitians detained on immigration
charges. Legal representation at public expense is provided
only for capital cases. There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government does not interfere in the private lives of its
citizens. The Constitution prohibits arbitrary entry, search,
or seizure, and the law requires warrants to be issued before
privately owned property can be entered and searched. Police
have sometimes broken down doors before presenting a warrant.
The Government neither censors mail nor restricts receipt of
foreign correspondence or publications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press exist in The Bahamas. There are
three privately owned daily newspapers and one government-
owned radio and television station. Political parties publish
weekly newspapers. While there is no government censorship,
the press does refrain from coverage of certain figures and
events because of the country's stringent libel laws. In
September the Nassau Guardian declined even to report a
Supreme Court decision in an extradition case involving a
local attorney accused of drug trafficking, due to libel
concerns. The 1986 libel case against the editor of the
opposition party's newspaper remains unresolved.
While the press is free, opposing points of view are not
accorded fair radio and television treatment. The opposition
party is prohibited by 1974 legislation from purchasing air
time to broadcast its views, other than one spot each year.
The time allotted for the spot is based upon the number of
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THE BAHAMAS
seats held in Parliament, with a minimum 15-minute time
allocation. In the June general elections, the government-
owned broadcasting corporation (ZNS) gave highly favorable
coverage to the ruling party at the expense of both the
opposition party and dissidents within the ruling party.
Opposition leaders were afforded no opportunity to respond to
many of the charges against their party during the campaign,
particularly an election-eve attack blaming the opposition for
a forged letter purporting to show that the Prime Minister
planned to leave the country if defeated.
b. Freedom of Peaceful Assembly and Association
The Constitution protects the right to free assembly and
association and specifically mentions political parties and
trade unions. Labor organizations are free to organize,
bargain, and strike. Occasional wage disputes by hotel
workers have been settled through collective bargaining.
Bahamian labor unions are associated with counterparts in
other countries and are not controlled by the Government or
the political parties. Union leaders continue to be outspoken
in demanding greater worker protection under Bahamian labor
laws .
c. Freedom of Religion
There is full freedom of religion in The Bahamas, and
discrimination based on creed is prohibited. There is no
favored or official state religion. Most church members
belong to Protestant denominations. Some members of the small
Rastafarian cult believe they are singled out for persecution
by the police; the police deny their allegations.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens are free to travel within The Bahamas and abroad.
There are no restrictions on the right to change residence or
workplace. The forced repatriation of Haitians, however,
continued to be a concern as large groups continued to enter
Bahamian waters on unseaworthy vessels which, in some
instances, became disabled. In May 22 Haitians were stranded
on Cay Lobes for 5 days after Bahamian authorities refused
assistance and denied hospital access to four seriously or
critically ill persons in the group, leaving the United States
Coast Guard to respond to the emergency situation. Members of
the party were repatriated safely to Haiti, with many suffering
from exposure, dehydration, and other illnesses. Following the
breakup of the National Security Ministry in June, however,
Bahamian Defense Force vessels began to provide helpful
assistance to Haitian vessels in distress and have worked
effectively since then with the United States Coast Guard in
repatriating Haitians.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Bahamas is a constitutional democracy with a multiparty
political system. The political process is open to all
members of society, with citizens age 18 and over eligible to
register and vote. There are two principal parties: the
governing Progressive Liberal Party (PLP) and the opposition
Free National Movement (FNM) . The PLP led the country for
381
THE BAHAMAS
5 years of internal self-government before independence in
1973 and has held power without interruption since.
General elections were held in June 1987 in which the PLP was
returned to power with a clear parliamentary majority. The
FNM, however, claimed the election was marred by extensive
electoral violations and challenged the results in the
electoral court. As a result of these challenges, the PLP
responded in a countermove by challenging seats won by the
FNM. The electoral court is not expected to rule on these
challenges until early 1988.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The OAS Inter-American Commission on Human Rights included in
its 1987 annual report the Bahamas Human Rights Association
case alleging abuse against Haitians. No international human
rights organization has visited The Bahamas to investigate
human rights conditions. The Government has generally not
been active in human rights affairs but has strongly
criticized human rights violations in South Africa.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Bahamian law prohibits discrimination on grounds of sex, race,
and religion, and The Bahamas has a good record in this regard,
Women participate prominently at all levels of government and
are well represented in the judiciary as well as in
professional and private sectors. There does not appear to be
a significant wage gap. The Constitution does, however, make
several distinctions between the sexes regarding citizenship
by, for example, preventing female Bahamians from bestowing
citizenship upon their spouses. Women's rights activists have
stated that Bahamian law puts women at a disadvantage
concerning child care, inheritance, and property ownership.
CONDITIONS OF LABOR
There is no minimum wage law in The Bahamas; however, wage
levels in this tourist-dependent economy are considered to
provide for a generally decent standard of living for workers.
The Fair Labor Standards Act of 1970 states that employers
cannot permit their employees to work more than 48 hours per
week. Although the law does not address specifically the
question of child labor, the requirement of compulsory
education until age 14 effectively discourages the employment
of children. The Director of Labour conducts periodic checks
of workplaces for lighting, safety, ventilation, and machine
protection guards. Employers cooperate with these inspections
and in implementing recommended safety measures. Following
the June general elections, labor leaders announced their
intention to pursue in the new Parliament laws providing
greater job protection for workers, particularly those facing
disciplinary or dismissal actions.
382
BARBADOS
A member of the British Commonwealth, Barbados is a
constitutional democracy with a free, two-party democratic
system of government on the British parliamentary model. Its
House of Assembly is the third oldest elected body in the
Western Hemisphere. Barbadians recognize the Queen of England
as head of state; she is represented by an appointed Governor
General. The Prime Minister is the head of government.
The Royal Barbados Police Force ensures public order; it
respects constitutional and legal guarantees of human rights.
Police morale is good, and public respect for the police force
is high. The volunteer Barbados Defence Force is responsible
for national security, but is used for public order in times
of crisis, emergency, or other specific need. Barbados has a
well-established judicial system based on common law and
British procedure.
The country's economy is based on light manufacturing, tourism,
services, and sugar.
There were no changes in Barbados' good human rights record
during 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No killings for political motives were reported.
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution specifically prohibits torture, and there
were no reports in 1987 of cruel, inhuman, or degrading
treatment or punishment. Prison conditions are humane, and
facilities were expanded in 1987 to accommodate increased
numbers of inmates. A separate facility was also built for
prisoners held on charges for civil debts, thereby separating
them from prisoners held on criminal charges.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution prohibits arbitrary arrest and imprisonment,
and this prohibition is respected in practice. The
Constitution also requires the authorities to bring detainees
before a court of law within 72 hours of arrest. Criminal
defendants have the right to counsel, and attorneys have ready
access to their clients.
The use of any form of forced or compulsory labor is prohibited
by law, and that prohibition is respected. Hard labor as a
sentence was recently abolished.
e. Denial of Fair Public Trial
The Constitution provides that persons charged with criminal
offenses be given a fair, public hearing within a reasonable
383
BARBADOS
time by an independent and impartial court. Defendants are
presumed innocent until proven guilty. The Government
provides free legal aid to the indigent. The judiciary acts
independently and is free of intervention from other branches
of government. There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government does not interfere arbitrarily in the private
lives of its citizens. The Constitution prohibits arbitrary
entry, search, or seizure, and the law requires warrants to be
issued before privately owned property may be entered and
searched. The Government neither censors the mail nor
restricts the receipt of foreign correspondence or
publications .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
these rights are generally respected in practice. There are
five radio stations, two of which are government owned. CBC
television service (the sole television station) is government
owned. Though CBC is not independent of government control,
views opposing government policies are regularly reported.
The Governm.ent often comes under attack on two popular, daily,
call-in radio programs.
b. Freedom of Peaceful Assembly and Association
The Government observes the constitutional guarantees of
peaceful assembly and private association. Political parties,
trade associations, and private organizations function and
hold meetings and rallies without government hindrance.
Workers have the right to organize, to bargain collectively,
and to strike. Approximately 55 percent of the working
population is organized, and protests or strikes have occurred
when collective bargaining has failed. Although the major
union has strong ties with the governing party, and its four
principal officers are parliamentarians, labor leaders and
rank-and-file trade union members are motivated primarily by
economic and social rather than political considerations.
c. Freedom of Religion
There is full freedom of religion. While the Anglican and
Methodist faiths have traditionally predominated, there are
numerous other active religious denominations and organizations
throughout the country.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens and legal residents move freely within and outside
Barbados, a right provided for by the Constitution. Barbados
has a small number of applicants for admission as refugees;
their applications are processed on a case-by-case basis.
384
BARBADOS
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In Barbados' parliamentary democracy, parties compete freely
in honest elections held at least every 5 years. There are no
impediments to participation in the political process;
Barbadians over age 18 enjoy universal suffrage.
The present Democratic Labour Party (DLP) Government won the
May 1986 election, taking 24 of the 27 seats. The differences
between the government party and the opposition Barbados
Labour Party (BLP) are based more on personalities than on
ideology. A Marxist third party, the Workers Party of
Barbados, which was formed in 1985, has attracted little
support and participated only marginally in the 1986
election. It holds no parliamentary seats.
Following the death of Prime Minister Errol Barrow on June 1,
1987, Erskine Sandiford, an educator and Minister of Education,
was chosen by his party as the new Prime Minister in a smooth
transition of power. Henry Forde, a former Foreign Minister
and Attorney General with a strong record as a champion of
human rights, leads the BLP opposition.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no reports of human rights violations in Barbados
during 1987, and human rights groups have not reguested
investigations. There is a local affiliate of Amnesty
International. Barbados advocates strengthening the human
rights machinery of the United Nations and the Organization of
American States. The Government favors more investigations
into alleged violations of human rights in other countries and
the increased use of factfinding or observer teams to monitor
controversial political and electoral situations. Prime
Minister Barrow, while in opposition before his party's
electoral victory, served as a member of an international team
sent to observe the Philippine elections.
The Government has consistently spoken out on human rights
violations in other countries, particularly in Africa, Latin
America, and the Caribbean. Prime Minister Sandiford
reinforced Barbados' stand on human rights in an address to
the United Nations General Assembly in September 1987.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution provides for equal treatment under the law
regardless of race, religion or sex. These provisions are
respected in practice. Barbados is a signatory of the 1979
Convention on the Elimination of All Forms of Discrimination
Against Women. Women actively participate in all aspects of
national life and are well represented at all levels in both
the public and private sectors. Women's groups speak out on
public issues and insist on being consulted by the Government
on important national issues.
CONDITIONS OF LABOR
The legal minimum working age in Barbados is 16 and is
observed. The workweek is 40 hours in 5 days. Workers are
guaranteed a minimum of 3 weeks of annual leave. Occupational
385
BARBADOS
safety and health conditions are in keeping with International
Labor Organization standards. Minimum wages are established
by law. All workers are covered by unemployment benefits
legislation, and by national insurance (social security)
legislation. A comprehensive government-sponsored health
program offers heavily subsidized treatment and medication.
386
BELIZE
Belize is a democracy with a parliamentary government organized
under a Constitution formulated at the time of independence in
1981. The People's United Party (PUP) dominated the campaign
for independence, which began in the early 1950's, and
controlled the Government from the beginning of self-rule in
1964 until the first postindependence election in 1984. At
that time, the United Democratic Party (UDP) won 54 percent of
the popular vote, as well as 21 of 28 seats in the House of
Representatives. The election was peaceful, open, and honest.
The UDP currently controls seven of the eight municipal
councils in the country, including the Belize City Council.
The security apparatus consists of the Belize National Police
(BNP), the Belize Defence Force (BDF), and the Security and
Intelligence Service (SIS). The police force, which numbers
approximately 500, has primary responsibility for law
enforcement and maintenance of order. The BDF has 900 active
duty and reserve personnel. Its primary responsibility is
external defense, but it periodically assists the police in
enforcement activities, usually antinarcotics operations. The
SIS, which is closely modeled upon the British Special Branch,
is responsible for intelligence-gathering and safeguarding
Belize from both internal and external subversion. The
security services operate under strict regulations governing
the use of force; only the BNP possesses arrest powers.
Belize is a developing nation with a population of under
200,000. In 1986 estimated per capita gross national product
was $1,200. The Government favors free enterprise and has
adopted the strategy of achieving economic growth by
encouraging increased investment, both domestic and foreign.
By implementing recommendations of a December 1984
International Monetary Fund standby agreement, and with U.S.
Economic Support Fund assistance, the Government has
successfully strengthened public finances.
Constitutional protections for the fundamental rights and
freedoms of the individual are upheld by an independent
judicial system. Persons may associate freely with one
another, hold private property, and pursue private interests.
A free press buttresses these civil and political rights.
There were no confirmed cases of political violence in 1987,
and the country's overall human rights record remained good.
There is no indication of any short- or long-term deterioration
of human rights in Belize.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Such treatment is prohibited by the Constitution. There were
some allegations in the press during 1987 of unnecessary use
387
BELIZE
of force by the security forces. The most serious was a claim
that three Salvadoran kidnapers were beaten by Belizean police
shortly after the Salvadorans were arrested. A government
investigation of this case concluded that the charge was
unfounded, but the Attorney General conceded that the three
prisoners had been held under less than acceptable standards
in overcrowded conditions for too long a period. Prisons are
antiquated, but prisoners are fed adequately and are accorded
relatively generous social and recreational privileges. In
1987 the National Assembly passed a law mandating longer
prison sentences for the crimes of rape, kidnaping, robbery,
and blackmail. Sentences for most other crimes are notably
lenient .
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution prohibits arbitrary imprisonment. An
arrestee must be informed of the reason for detention within
48 hours of arrest and must be brought before a court within
72 hours. Release on bail is routinely granted for all but ■>
the most serious criminal offenses. Forced labor is forbidden-
by the Constitution and does not occur.
e. Denial of Fair Public Trial
The Constitution assures the rights of accused persons to a
presumption of innocence, protection against
self-incrimination, defense by counsel, public trial, and
appeal. Trial by jury is mandatory in criminal cases, except
for those minor offenses decided by magistrate courts. These
constitutional provisions are carried out in practice. The
judiciary is independent of the executive and is regarded as
an effective guarantor of an equitable system of justice.
However, a shortage of trained personnel exists due to the
inability of the Government to provide adequate funding.
There are no political prisoners in Belize.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the protection of personal
property, the privacy of the home, and the recognition of
human dignity. No known violations of these provisions took
place during the past year.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and the press are protected under the
Constitution and are respected in practice. A wide range of
political opinion is presented in the country's written
press. Both opposition and independent newspapers engage in
open, lively debate, which is frequently critical of the
Government and its policies. There are 13 privately owned
television stations in Belize, but the Government has not yet
fully developed a regulatory framework for the medium. Under
the broadcasting law of 1983, a six-member Belize Broadcasting
Authority has issued licenses to existing stations. The
Government controls Belize's only radio station.
In 1987 there were two controversies concerning freedom of
speech and the press. The Government introduced legislation
which would have strengthened libel laws by allowing
magistrates to rule upon cases of intentional libel. The
388
BELIZE
Government withdrew the legislation in the face of strong
opposition from a coalition of interests. In September the
leader of the opposition accused the Government of denying the
opposition equal access to television and demanded equal time
for the broadcast of news coverage and news releases which
present the opposition point of view. This accusation was
provoked by a government proposal to require all television
stations to broadcast triweekly news programs and editorial
comments produced by the government broadcasting office.
However, no legislation requiring commercial television
broadcasters to carry the triweekly news program has been
passed, and the editorial program is not yet in production.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association is provided for in the
Constitution. Permits are required for public meetings, but
are rarely denied.
The right to form and belong to trade unions is respected in
practice. There are 15 registered labor unions in Belize
representing approximately 15 percent of the labor force.
Employees may establish and join organizations of their own
choosing. They are empowered to draw up their own
constitutions and to elect officials freely, but several
unions which do not elect officials also act as ad hoc
representatives of their respective memberships. All unions
which require the annual elections of officials are free to
join the National Trade Union Congress of Belize (TUC) , which
is affiliated with the International Confederation of Free
Trade Unions through its regional group, the Inter-American
Organization of Workers, and with the Caribbean Congress of
Labor. Belizean unions have the right to bargain collectively
and to strike. However, in practice, labor disputes unresolved
by bargaining are normally settled through arbitration. The
Government does not interfere with union activities. Although
there are varying degrees of union cooperation with the
political parties, no union is controlled by a political party.
c. Freedom of Religion
There is no state religion. All religious groups may worship
freely, and there is an active missionary presence. All
groups and churches may establish places of worship, train
clergy, and maintain contact with their coreligionists
abroad. Church leaders have long had close ties to the
political establishment, and churches play an active role in
social and national development. With support from the
Government, churches operate most of Belize's primary and
secondary schools. No political party is affiliated with any
particular church or religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on movement within Belize or on
foreign travel or emigration. Emigration is motivated by
economic need rather than political or human rights
considerations, and emigrants may return to Belize either to
visit family or to resettle.
As many as 20,000 aliens from nearby Central American
countries have arrived in Belize since 1980, often entering
illegally and residing in the country without documentation.
More than 3,000 of these persons have been registered as
389
BELIZE
refugees by the Office of Refugee Affairs, which is part of
the Ministry of Foreign Affairs and which is supported by the
United Nations High Commissioner for Refugees (UNHCR) .
Originally, these arrivals were welcomed by the Government of
Belize as valuable human assets. The Government provided
farmsteads for 105 Salvadoran families enrolled in a
UNHCR-funded resettlement program, and a large number of
undocumented aliens were registered in a 1984 program. Some
have since legalized their status. However, many illegal
aliens still remain in the country, and their presence is
becoming controversial.
In January 1987, 117 illegal aliens were deported following a
joint police/Belize Defence Force sweep of the Orange Walk
district. This roundup and deportation was prompted by
reported criminal activities on the part of certain illegal
aliens. Those deported were living or working illegally in
Belize. No registered refugees were among those deported, and
there were no claims that they were forced to return to
countries in which they feared persecution. The common
perception among many Belizeans that illegal aliens engage in
criminal activity--including drug smuggling--and the concern
of the Government that large-scale immigration will adversely
affect the ethnic and political balance of the country, have
resulted in uncertainty about Belizean willingness to accept
future immigrants. The UNHCR maintains an office in Belize.
The Government has not ratified the United Nations Convention
on Refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Belize is a functioning democracy. The government is elected
by its people in general elections held at least every 5
years. In the general election of 1984 and the Belize City
and municipal council elections of 1985 and 1986, Belize
experienced a peaceful transfer of power from the PUP to the
UDP. Although the ruling party's parliamentary majority gives
it broad freedom to decide government policy, its exercise of
authority is limited by public opinion, a free press, an
independent judiciary, and competitive electoral politics. A
number of parties and candidates continue to vie for power at
all levels of government. The majority parties have broad
political bases encompassing the country's principal ethnic
groups. All elections are by secret ballot, and suffrage is
universal for citizens of Belize age 18 and older.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No international entities have publicly asked to investigate
the human rights situation in Belize. In 1987 rumor had it
that a human rights group privately contacted the Belizean
Ministry of Foreign Affairs about the alleged mistreatment of
three Salvadorans accused of kidnaping, as discussed in
Section I.e. An official commission investigated this charge,
and the Government frankly and publicly commented upon the
findings of that commission. A private human rights council
exists in Belize but is largely inactive.
390
BELIZE
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While there is no official policy of discrimination, women
face some prejudices rooted in social and economic practice.
Nonetheless, women are active in the nation's political
parties, private voluntary organizations, churches, and
organizations dedicated to improving the lives of Belizean
women. Women have access to education and are prominent in
local and national government. They are well represented in
the professions. Both the Governor General, who represents
Queen Elizabeth II in her capacity as Belizean Head of State,
and the President of the Senate are women. Women hold officer
and enlisted positions in both the police and military forces.
There is no discrimination because of religious preference,
and there is no ethnic discrimination. Belizeans of all
ethnic groups and linguistic groups have equal protection
under the law.
CONDITIONS OF LABOR
Minimum ages for employment of children have been established
at 14 years for work in retail establishments and at 17 for
any work near hazardous machinery. Minimum wages have been
established for many occupations, but because of the large
number of self-employed agricultural and craft workers, there
is no nationwide minimum wage. Occupational safety
regulations exist, but a shortage of resources interferes with
the Government's ability to enforce these codes fully.
391
BOLIVIA
Bolivia is a multiparty democracy with an elected government.
The free elections held on July 14, 1985, represented the
first constitutional transition from one civilian government
to another in almost 20 years. Neither of the two leading
candidates received an absolute majority, and the Bolivian
Congress selected Dr. Victor Paz Estenssoro to be President,
in accordance with procedures outlined in the Constitution.
Paz Estenssoro took office on August 6, 1985.
President Paz Estenssoro "s austere economic program, one of
the most far-reaching in Latin America, succeeded in ending
hyperinflation and stabilizing the economy. Nevertheless,
Bolivia remains the second poorest country in the Western
Hemisphere, and its economy rose only slightly in 1987 after
declining for 5 consecutive years. Although reasonably rich
in natural resources, high production costs and low prices in
the mining sector led to large-scale layoffs and significantly
raised the nation's unemployment rate, which exceeded 20
percent by the end of 1987. The growing number of displaced
workers represents one of the country's most pressing problems.
The Paz Administration's strict adherence to stringent economic
reforms is strongly opposed by organized labor. Petroleum
workers' and teachers' unions each staged lengthy strikes in
1987. Despite occasional violent demonstrations, the
Government succeeded in maintaining public order without
imposing a state of siege.
The Government has undertaken an extensive antinarcotics
campaign. During 1987 Bolivia continued interdiction
operations inaugurated in the preceding year and began
eradicating coca plants in September. While the antinarcotics
program has met with considerable criticism and resistance,
particularly from peasant farmers, over 2,500 acres of coca
had been eradicated by the end of the year.
Human rights are provided for in the Constitutional and
generally respected in Bolivia. However, the violence and
corruption associated with narcotics trafficking have
seriously affected the administration of justice in Bolivia.
In late 1986, Noel Kempff, a Bolivian naturalist, and
Congressman Edmundo Salazar were assassinated, presumably by
drug traffickers. In May 1987 roadblocks by peasants and
miners, allegedly organized by traffickers to protest
legislation that would categorize coca producers as drug
traffickers, resulted in several deaths as police attempted to
clear the roads. Later in the year, two policemen were
implicated in the deaths of two children at a detention center
run by the National Police for drug violators in Chimore. The
children were allegedly murdered by local police who had been
forcing them to eradicate coca plants.
Although the Government has attempted to clean up the corrupt
judicial system and bring to justice those responsible for the
Kempff and Salazar murders, suspects in the Kempff case were
released. The Attorney General ordered that a judge be tried
for "betrayal of trust" for releasing the suspect. The
Chamber of Deputies' Justice Committee, which reviewed illicit
drug activities, recommended that Congress indict a former
Interior Minister on narcotics-related charges.
392
BOLIVIA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no political killings in 1987; however, several
people died during civil and labor-related disturbances.
b. Disappearance
There were no reports of politically motivated disappearance
in Bolivia in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits all forms of torture, and the
Government neither condones nor practices such activity.
Nevertheless, there are occasional charges of cruelty and
degrading treatment. Two minors died in a detention center
run by the National Police for drug violators in Chimore.
Witnesses indicated that police had beaten one youth 60 to 70
times with a club before forcing him to chop down coca plants.
When he collapsed, an officer reportedly kicked him to death.
There is no indication that the officer was court-martialed or
otherwise disciplined.
A second youth died under suspicious circumstances after more
than 2 months at the center. Officials provided a variety of
explanations for this death, including chills, epilepsy,
intoxication, and asphyxiation from swallowing a wad of chewed
coca leaves. Although the cause of death was never determined,
bruises on his face led some to believe that he was
deliberately suffocated. Former inmates at the detention
center stated that temporary suffocation was a common form of
punishment there.
Most problems of prisoner mistreatment are caused by
underpaid, undertrained prison and police personnel.
Corruption, malnutrition, and unsanitary conditions are
endemic in Bolivia's underfinanced prison system.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under the Constitution, no one can be arrested without a court
order, and detainees must be charged or released within 24
hours. The Constitution provides for a judicial determination
of whether or not a detention is legal. Prisoners are usually
released if a judge rules that they have been detained
illegally. After the initial detention, prisoners may consult
a lawyer of their choice. Provisions for bail exist in
Bolivia, and bail is generally granted. The Constitution
provides that under a state of siege authorities may detain
persons for up to 48 hours before issuing an arrest order.
Although the Government did not declare a state of siege, it
did detain numerous labor leaders in July after petroleum
workers announced plans to strike and threatened to damage
petroleum installations. The Government announced several
days later that it had released the leaders after they asked
to return to their jobs. Some newspaper accounts reported,
however, that, rather than releasing the petroleum union's two
principal leaders, the Government transported them under guard
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to Santa Cruz to negotiate an end to the strike. Following
the strike settlement, the Government released all detainees;
none were charged or tried.
The Permanent Assembly on Human Rights, a nongovernmental
human rights watchdog organization, asserted in mid-October
that the National Police were illegally holding 21 youths at
an alcohol rehabilitation center in the South Yungas area of
La Paz Department. The detainees, labeled delinquents by
police, reportedly were detained without due process.
Following a visit to the center, the Permanent Assembly also
cited unsanitary conditions at the facility. The Permanent
Assembly submitted a full report of its findings to the
Government, but asserted that conditions at the center
remained unchanged at the end of 1987.
Bolivian law prohibits forced or compulsory labor, and neither
has been reported.
e. Denial of Fair Public Trial
The Government upholds the constitutional right of fair public
trial, but delays in the judicial system are common. A
Supreme Court justice stated that Bolivia has only 320 judges
to handle a backlog of 60,000 to 70,000 cases. Delays in the
investigations, trials, and appeals procedures are so lengthy
that some prisoners eventually serve more time than the
maximum sentence for the crime with which they are charged.
Defendants have the right to an attorney, to confront
witnesses, to present evidence, and to appeal a judicial
decision. These rights generally are upheld in practice.
Although the law provides for a court-appointed defense
attorney at public expense, if necessary, one may not always
be provided because of a shortage of funds and qualified
personnel. The quality of legal representation varies widely
as the profession is not well regulated, and no attorney has
ever been disciplined. The Constitution authorizes the
Supreme Court, Bolivia's highest civilian judicial body, to
review legislative measures to determine if they are in
accordance with a citizen's "concrete rights or the
Constitution. "
Bolivia has both civilian and military judicial systems. The
military Government of 1976 revised the Military Penal Code
and established the military court system. The law defined
and established military jurisdiction over actions against the
security of the State, military personnel, and property.
Corruption of the judicial system remains a serious problem,
as narcotics traffickers routinely bribe judges in exchange
for releasing suspected traffickers, returning captured drugs,
and purging incriminating files. The Government has taken
several steps to clean up Bolivia's judicial system, however.
In a significant first step, a major trafficker was sentenced
in absentia by a Santa Cruz judge in December. During the
same month, key members of a major trafficking organization
were arrested and remained in custody in La Paz, despite
apparent trafficker pressure for their release. Earlier, the
President asked the Senate to suspend all judges in the penal
Chambers of the Superior Court of La Paz and the district
courts in Santa Cruz, Cochabamba, and Oruro who are accused of
"betrayal of trust" or other crimes. Some 36 judges are
currently under investigation. The Government recently
appointed special prosecutors to work with narcotics police in
drug cases and has proposed the creation of special narcotics
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tribunals. The Government also plans to establish a new code
of conduct for police which will provide for 4- or 5-day
summary disciplinary hearings for police suspected of
corruption to replace the lengthy procedures now in force.
Passage of the new code awaited Congressional action at the
end of the year.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The sanctity of the home and the privacy of citizens' lives
are protected by the Constitution and normally are respected
in practice. Illegal house searches, monitoring of
conversations, and other abuses that occurred under former
military regimes have ceased.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
By law, citizens enjoy freedom of speech and exercise it
widely without government interference. Both state-owned and
private radio and television stations operate in Bolivia. All
newspapers are privately owned. Since the restoration of
democracy in 1982, Bolivians have enjoyed a generally
unrestricted press representing a wide spectrum of political
views. The Paz Estenssoro Government has tolerated full
criticism from the media, although it has constitutional
authority to impose censorship. In March, during labor
unrest, a group of unidentified persons broke into a miners'
radio station in San Jose, and removed its broadcasting
equipment. The station had been airing broadcasts by
protesting miners, and workers accused the Government of the
attack. However, government involvement has not been
established.
A previously unknown leftist guerrilla group, the Commando
Alejo Calatayud, claimed credit for bombing the offices of the
Cochabamba newspaper Opinion in June. The attack caused minor
damage but no injuries.
b. Freedom of Peaceful Assembly and Association
The rights of peaceful assembly and association were generally
respected in 1987. The law provides that, under a state of
siege, the Government may impose curfews and prohibit public
demonstrations, but none was declared in 1987.
Bolivian workers have the right to organize and bargain
collectively. The law does not extend this right to
government workers, but the distinction is ignored in
practice, as virtually all government workers are unionized.
Government-employed teachers and petroleum workers conducted
lengthy, generally peaceful strikes for higher wages and
improved benefits in 1987.
The Bolivian Workers Central (COB), an umbrella labor
organization which represents the majority of workers, is
independent and politically powerful. In the past it has
frequently paralyzed the economy with crippling strikes.
Antigovernment civil and labor demonstrations occasionally
result in violence between demonstrators and police and
military personnel attempting to limit strike disruptions.
Several people died as a result of civil and labor-related
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disturbances in 1987. A farmer and a soldier were killed in
May when police and military units forcibly broke up
roadblocks by peasants and miners protesting the Government's
antinarcotics efforts. The coroner's report indicated that
the farmer died from a .22 caliber bullet probably fired by
another protester, since police and military use other caliber
weapons. Some demonstration leaders alleged that soldiers
fired into the crowd, killing as many as eight persons.
However, no physicial evidence of such deaths or related
injuries was ever produced, suggesting that troops fired into
the air and not at the demonstrators. Roadblocks and
subsequent clashes with the military and police left three
dead in August during the protracted teachers' strike, two in
a skirmish with naval infantry near Huatajata and one in Sucre
as a result of tear gas fired by police to disperse the crowds.
The COB is traditionally a forum for leftist and ultraleftist
parties to criticize both the Government and each other. In
its July 1987 congress, the COB elected representatives of the
Bolivian Communist Party to its executive board, and a member
of the Conutiunist Party now heads the entire COB organization.
Prior to the July election, other ultraleftist elements had
controlled the COB for almost 25 years.
The Government places no restrictions on a union's right to
join international trade secretariats or other international
labor organizations. By its own choice, the COB has
traditionally refused to join international labor
organizations, although it did attend a meeting of unions from
South America sponsored by the International Confederation of
Free Trade Unions. The Government paid for a COB delegate's
trip to Geneva to represent Bolivian labor at the annual
meeting of the International Labor Organization in June 1987.
c. Freedom of Religion
The Constitution recognizes Roman Catholicism as the country's
official religion. Catholic bishops receive a nominal stipend
from the State, but no other secular advantage is conferred.
Although Catholicism predominates in Bolivia, several hundred
religious groups operate openly and freely. In 1982 a
Protestant college opened in Santa Cruz. Two years later, a
Baha ■ i university opened in the same city. The Mormons,
Baha'is, Seventh-Day Adventists, Methodists and others freely
proselytize and operate churches and training centers
throughout the country. The small Jewish community has not
reported any discrimination or unfair treatment. The
Mennonites have large rural colonies in the department of
Santa Cruz. The Government does not persecute clergy for
their religious beliefs, and citizens are generally free to
practice the religion of their choice.
The Government has, however, issued new rules to regulate
religious activity in the country. Under these rules Roman
Catholicism remains the state religion, and the Catholic
Church is designated to coordinate all public ceremonies in
which governmental authorities and institutions participate.
In addition, the rules provide that "religious institutions
must solicit special permission to hold public meetings or to
broadcast on radio or television." Also, in implementing
these rules, the Government declared all existing religious
registrations null and void, and required religious groups to
reregister. Some Evangelical Protestant groups have complained
that they have been subjected to more stringent registration
requirements than the Catholic Church, and that some have not
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been able to obtain their new registration authorization from
the Government. In addition, some non-Catholic groups have
indicated that the Government has used the new rules to
restrict their broadcasts and other activities.
The Government announced in June that numerous sects were
operating illegally and warned that the police would conduct
searches of their facilities. Some foreign members of the
Hari Krishna sect were expelled in 1987.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no travel restrictions within Bolivia or abroad.
The Government does not restrict emigration and guarantees
departing citizens the right to return. Citizenship is not
revoked for political reasons. Many Bolivians who either fled
the country or were exiled for political reasons during the
tumultuous 1978-82 period returned with the restoration of
democracy and have enjoyed full freedom without harassment.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Bolivia is a multiparty democracy with an elected president
and a functioning, independent bicameral legislature. The
Government does not oppress opposition groups, which exist
both in and out of the Congress.
A May 1986 change in the electoral law requires a national
identity card or a certificate of military service to register
to vote. The fee imposed to issue the requisite national
identity card could be considered an impediment to the basic
right to vote. Early in the year, the President requested
that Congress temporarily suspend this requirement. While the
Government seeks ways in which to eliminate or defray the cost
of a national identity card, the President proposed that any
one of several current identification documents be acceptable
for registration to allow greater voter participation.
Charges of preelection fraud in La Paz Department marred the
period leading up to the December municipal elections. The
Nationalist Democratic Action party (ADN) and the Nationalist
Revolutionary Movement (MNR) were accused of falsifying and
tampering with voter registries. However, the December 6
municipal elections, the first to be held in almost 40 years,
were deemed by observers to have been honest, with none of the
major parties complaining of significant irregularities. The
elections were peaceful, with no violent incidents reported.
People of European or mixed-race origin are predominant in the
political system. Indians speaking Aymara or Quechua as a
mother tongue make up an estimated 60 percent of the population
but, with a few notable exceptions, they generally do not
occupy leadership positions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is sensitive to the opinions of both
international and domestic organizations regarding alleged
violations of civil liberties. The Congress has committees
responsible for monitoring human rights. The Government is
willing to discuss human rights concerns with nongovernmental
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organizations. The Catholic Church, the Permanent Assembly of
Human Rights in Bolivia, and the press generally have been the
most aggressive monitors of human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Although protected in theory by social legislation which some
Bolivians have characterized as progressive, Bolivian women do
not enjoy a status in society equal to that of men. Cultural
traditions, social conditions, and lack of political influence
remain the major obstacles to advancement. In rural families,
women contribute significantly to economic activities and
often control the family purse strings, but nonetheless are
considered socially subordinate. In urban settings, women are
slowly achieving a greater role in business and professional
life. Their participation in cooperatives, community affairs,
and education is increasing.
Since the 1952 Revolution, the Constitution has banned social
discrimination. But discrimination by Bolivians of mixed
European origin against people of Indian background continues.
At least partially as a result of this treatment, the Indian
majority of the population remains at the lower end of the
country's socioeconomic scale and is disadvantaged in terms of
health, life expectancy, education, income, and employment.
CONDITIONS OF LABOR
Bolivian labor law prohibits any labor contract which denies a
worker's constitutional rights and freedoms. Women and minors
under 18 years of age may not engage in dangerous, unhealthy,
or immoral work. No other restriction on employment of minors
exists. Bolivia's labor laws contain conditions for child
protection, paid vacations, and protection of workers' health
and safety. In practice these laws are not rigorously
observed, and the Government has not provided funds for
adequate enforcement. The mines, often old and operated with
antiquated equipment, are particularly dangerous and unhealthy.
Many mine workers suffer from silicosis.
The Permanent Assembly on Human Rights has expressed concern
that growing unemployment is contributing to a worsening of
living conditions. Bolivia has a minimum wage law as well as
an elaborate system of bonuses and compensations for the
private sector. However, a single minimum wage earner cannot
easily support a family at an acceptable standard of living (a
continuing complaint of union leaders) . Most urban workers
(about half the labor force) observe an 8-hour day and a 5- or
5 1/2-day workweek.
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Brazil returned to democratic rule in 1985, after 21 years of
military-dominated governments. Jose Sarney, chosen as Vice
President by the electoral college in January 1985, became
President 4 months later following the death of the
President-elect.
A new congress was freely elected in November 1986, with the
participation of 30 political parties. The Congress,
functioning as a Constituent Assembly, began to draft a new
Constitution in February 1987. Although not yet completed,
the broad outlines of the new Constitution are clear; it will
continue to provide for a federal republic, but it evidently
will enlarge the authority of the legislature and the judiciary
and will broaden individual rights.
Internal security is provided by the military as well as by
federal, state, and local police. The Armed Forces now have
more of an external orientation, but nevertheless are employed
internally in the event of a threat to public order or to
protect critical industrial installations during emergency
situations. The Brazilian judiciary is a respected and
independent institution and sought to ensure that citizens
were accorded protection under the law even during the two
decades of military rule.
In 1986 Brazil's gross domestic product grew by 8.2 percent in
real terms; but this figure is expected to fall to
approximately 3.5 percent in 1987. Brazil has the eighth
largest economy outside the Communist bloc and also has the
largest foreign debt in the developing world--over $110
billion. In February 1987, Brazil announced a moratorium on
the interest payments on its medium- and long-term debt to
foreign commercial banks. Since then, trade has improved, and
Brazil is expected to register another large trade surplus for
1987.
Although political rights are protected in Brazil today,
problems remain in other human rights areas--most notably in
the treatment of peasants involved in land disputes, common
criminals, and Indians. Common criminals in the custody of
police are frequently beaten, and some criminals not in
custody are killed anonymously. These phenomena are not new,
but their frequency apparently is increasing. These incidents
have received considerable public attention in the past year
due to the increasing assertiveness of local human rights
organizations and the press, as well as growing public concern
about criminal violence.
Under the current civil code, Brazilian Indians are considered
"semicompetent" wards of the State. They live under certain
restrictions and protections not applicable to other citizens.
Indians on many reservations are subject to pressure from
mineral and agricultural developers and squatters seeking
access to Indian land, especially in areas where land
ownership is often unclear.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Brazilian human rights organizations charge that off-duty
policemen often kill persons suspected of common crimes. It is
commonly believed that many of the several hundred criminals
killed annually in confrontations with police actually are
killed after capture. While such killings continued in 1987,
they do not appear to be politically motivated. The alarming
rise in the rate of violent crime in such major cities as Rio
and Sao Paulo has led to a high degree of public tolerance for
police brutality against criminal suspects. Some authorities
believe brutal treatment has increased as crime rates have
soared and overtaxed the police and judicial system.
Resources devoted by local and state governments have been
insufficient to combat the problem.
Conflicts between rural landholders and the landless continued
in 1987. The Justice Ministry has not released the exact
numbers of land-related deaths, but the number surpasses the
previous record of over 200 registered in 1986. Most of the
dead were rural laborers, CONTAG (National Confederation of
Agricultural Workers) officials, and lawyers or clergy involved
in helping to organize agricultural worker unions. As in 1986,
less than 10 percent of the dead were landholders. Frequent
beatings of squatters and organizers and death threats
contributed further to raising tensions in the affected areas,
principally in the northeast and interior of Brazil. In the
southern part of Para State, 18 land-related deaths occurred
during an 8-month period near the town of Conceicao do Arguaia.
Rural labor union organizers were frequently the assassination
targets. The Pastoral Land Commision (CPT) of the Catholic
Church compiled a list of 125 agrarian reform supporters
threatened with death because of their activities. The list
includes 10 Catholic bishops, 31 priests, 10 nuns, and 2
deputies from Para State. Also threatened were presidents of
rural labor unions, lawyers, and CPT rural labor organizers.
In June Paulo Fontelles, legal advisor to the Confederation of
Rural Laborers of Para, former State Deputy in Para State, and
member of the Communist Party of Brazil, was killed in an
apparently professional attack by two gunmen. Fontelles was
also the lawyer representing 30 workers in southern Para
accused of killing Taley de Andrade, son of a local landowner.
No suspects have yet been arrested in the case. Government
authorities have expressed serious concern over the violence,
but the Federal Government asserts that it does not have the
legal authority to intervene unless asked to do so by the
state government. In its 1987 Report, which covers the year
1986, Amnesty International (AI) said it believed "the apparent
unwillingness of local, state, and federal authorities to
investigate these killings effectively and to prosecute those
responsible could constitute acquiescence in these crimes."
In Rio de Janeiro and other major urban centers, there is a
renewed and growing problem of "death squad" or "extermination
group" activities, i.e., summary executions of alleged or
suspected criminals by unidentified persons. Hundreds of such
deaths occurred in 1987; often the corpses revealed signs of
previous torture or brutality. The killings are apparently
not attributable to a single source, but most of them occur,
or at least the bodies are discovered, in the poorer
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neighborhoods. Given the rising crime rate, it is believed
that a large number of petty criminals are marked for
elimination by local merchants who hire former policemen or
security guards (a system called "Policia Mineira"). Struggles
among groups of criminals themselves are also an important
cause of the deaths, mostly narcotic traffickers involved in
gang wars. Investigations into these incidents are hampered
since witnesses are not forthcoming for fear of reprisals.
Assumed informal links of these groups to elements within the
police makes the problem even more difficult for state
authorities. In Rio, in 1987, the naming of a new civil
police secretary identified as being a foe of police abuses,
was accompanied by an unexplained wave of about 100 killings
the following week. Such large numbers of killings in short
periods have occurred regularly, suggesting some level of
organization. Elements within the police may well view such
summary executions as a way of coping with the inefficiency
and inadequacy of the judicial and penal systems. Contract
killings and "death squads" are active in many of Brazil's
urban centers. These phenomena constitute a growing problem
nationwide. In its 1987 Report, AI said it had examined
reports "that the frequent use of lethal force by police in
certain urban areas suggested a pattern of deliberate killings
of criminal suspects who were often unarmed and many of whom
were juveniles."
b. Disappearance
There were no reports of politically motivated abductions.
The Ministry of Justice announced in December 1986 that the
Government's human rights council would set up a commission to
investigate the "disappearances" of 125 so-called political
prisoners between 1964 and 1977 under previous military
Governments .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited by the penal code, and there were no
reports of politically motivated torture in 1987. The new
Constitution is likely to strengthen the legal penalties for
torture and acquiescence in torture, making it an unbailable
and unpardonable crime. Most Brazilian human rights
organizations assert that police beatings, and even torture,
of prisoners are widespread. They claim that police beatings
are common upon arrest, at police stations, and within
prisons. It is believed that police corruption often leads to
torture intended to extract confessions or money and sometimes
to administer punishment. Beatings also are often viewed as a
form of summary justice meted out to suspected criminals.
Human rights organizations claim that such treatment is
inflicted primarily upon the poor and the underprivileged.
The decline in beatings and torture noted by church
authorities in 1983-84 has apparently been reversed.
Police brutality toward suspected criminals appears to be a
problem throughout Brazil. These abuses apparently continue
because of a perception by the police that they can act with
impunity as their supervisors tolerate such behavior. In
virtually every instance in which police officers have been
brought to trial, they have been acquitted. In one of the
most publicized cases, in fact, a group of police officers
accused of torture was found innocent by the courts in Porto
Alegre for lack of proof, despite photographs showing the
alleged act of torture. The prisoner who claimed to have been
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tortured was killed by unknown assailants after his release
just 3 weeks before he was to testify against his assailants.
Another victim in the same case went into hiding and did not
testify. In 1987 the acquitted police officers filed suit
against those who had made public accusations against them.
Human rights organizations find little public support for
defending the rights of alleged criminal offenders. Public
criticism of the judicial system is directed not at the abuse
of persons in detention nor at the dismal prison conditions
but rather at the lack of efficient law enforcement.
Most prison facilities are poorly maintained and managed.
Very little prison construction has taken place in Brazil in
recent years, although some states claim to be planning future
prison construction. :,-;
The independent panel that investigated the September 1986
rebellion at San Paulo's Presidente Venceslau prison determined
that the state military police were responsible for the deaths
of 14 prisoners. The panel concluded that the rebels had not
resisted the police action and that 13 prisoners, including 9
who had played no part in the rebellion, were beaten to death
during the operation. The official report refused to identify
individual police officers for posible prosecution. Members
of the local bar association's human rights committee who had
served on the panel claimed that their requests for interviews
with additional witnesses of the police action had been denied
by the panel's chairman, a public prosecutor.
Prison inmates rioted in Sao Paulo, Recife, and Rio Grande do
Sul during 1987 to protest against poor conditions and against
the slow processing of criminal cases. One revolt in Sao Paulo
left 31 dead, 150 wounded, and 124 prisoners unaccounted for
as police and prison guards assaulted the prison to regain
control of the facility. Human rights groups were harshly
critical of state authorities for ignoring a report by various
human rights organizations on problems in the prison system
presented to the authorities just 1 month before the riot.
These groups claimed to have irrefutable evidence that many
prisoners were summarily executed after surrendering. The
official investigation was still under way at the end of 1987.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under the law, a person may not be arbitrarily detained. The
Constitution provides for judicial determination of the
legality of detention, and this provision is respected.
The law permits provisional detention in exceptional
circumstances when ordered by judges, in the case of common
crimes, or when ordered by certain high-level administrative
authorities in instances of crimes involving public
administration (such as embezzlement) or extradition.
Detention also may be ordered if there are sufficient
indications that the accused might try to escape or interfere
with the normal development of criminal proceedings, as for
example when the accused might try to influence or harm a
witness. Provisional detention can be extended until the case
comes to trial or until a judge rules that reasons for the
detention no longer exist. Provisional detention in Brazil
generally is not practiced arbitrarily.
Forced or compulsory labor is not tolerated by the Government,
but abuses by private individuals have come to light from time
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to time. In 1986, federal authorities arrested labor
contractors in several northeastern and Amazon states for
maintaining "slave" work forces; employers deducted
transportation and other expenses from salaries and prevented
workers from leaving the property. Government authorities
investigated reports of similar cases in the States of Para
and Rondonia in 1987, but no arrests were made.
e. Denial of Fair Public Trial
The right to a fair public trial is ensured by law and is
generally respected in practice. Defendants are entitled to
counsel and must be made fully aware of the charges against
them. In cases where a defendant cannot afford an attorney,
one must be provided free of charge. In practice, there are
too few public defenders, and private attorneys are appointed
by courts to represent poor defendants where public defenders
are unavailable. This system, combined with the usual
slowness of the Brazilian judicial machinery, contributes to a
backlog that can cause delays of months, or even years.
Defendants and their attorneys have the legal right to be
informed of the evidence on which charges are based. Only
cases of willful crimes against life are tried by jury; all
others are tried by a single judge.
The "summary executions" and apparent "extrajudicial killings"
seemingly arise from the tradition of settling personal scores
by hiring assassins, societal toleration of public corruption,
poorly paid and untrained public safety forces, fear and
outrage concerning criminal assaults, and the public perception
that the judicial and penal systems cannot cope with the rising
crime rate.
Lynchings of suspected criminals by irate citizens continued
in 1987, and 38 mob lynchings were registered by the Ministry
of Justice in the first 6 months of 1987. The phenomenon was
most common in the State of Bahia and other areas of
northeastern Brazil. Lynching victims often were street
muggers caught in the act of committing a crime. Most
observers agree that such mob lynchings also arise from public
rage against crime, combined with the popular perception that
police protection is ineffective and that the courts do not
put criminals behind bars.
The judiciary is an independent branch of Government. The
federal judicial system includes courts of first instance and
appeals courts. The Federal Supreme Court is the highest
court in Brazil. The states are free to organize their own
judicial systems, so long as they do not violate basic
principles in the Federal Constitution. Brazil also has a
system of specialized courts dealing with military, labor,
elections, and juvenile matters, among others.
The military court system hears cases involving military
personnel and also civilians charged under the National
Security Law, or charged with offenses against military
installations. Civil legal guarantees also apply in military
courts. Both civilians and military personnel have the right
of appeal to the Federal Supreme Court when convicted in a
military court of crimes against the National Security Law.
The National Security Law has been invoked in only a handful
of instances since the end of military rule. President Sarney
amnestied two civilians detained and charged under the
National Security Law for an alleged attempt against the
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security of the President during a street demonstration; no
one was prosecuted under its provisions in 1987.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for freedom from arbitrary intrusion
into the home, and there have been no reports of such illegal
entry for political reasons. However, this right is not always
respected in practice, and entry into homes without a warrant
still occurs in searches for criminals.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The right to free speech and to a free press is provided for
in the Constitution. Electronic media broadcasts cover a vast
array of topics, including controversial social and political
issues. Opposition viewpoints are aired freely, and the
Government does not illegally interfere with the media.
Radio and television stations are privately owned, but the
Government can withdraw their licenses easily. Newspapers are
also privately owned and are vigorous in reporting and
commenting on government policies and performance.
Foreign publications are widely distributed in Brazil. A
restrictive censorship law is on the books, but it is enforced
only to protect young people from material deemed to be
damaging to their character. Books, newspapers, films, songs,
and plays generally are not otherwise censored. Prior review
of films and television programming continues, but normally is
limited to rating for acceptable viewing age.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right to assemble peacefully.
Permits are required for outdoor political or labor meetings,
but they are easily obtained.
Labor has the right to organize, and trade unions are legally
mandated to represent workers. Although the labor code makes
no provision for a central labor organization, three such
groups have emerged. To maintain the country's 50-year-old
corporate labor structure, the Government taxes workers 1
day's pay per year, dividing 80 percent of the proceeds among
recognized union locals, federations, and national sectoral
confederations. The Government uses the remaining 20 percent
to finance Brazil's unemployment insurance program. In
addition to this tax, 15 to 20 percent of workers voluntarily
pay union dues to have access to union-provided recreational
and health benefits. Unions are legally prohibited from
participating in partisan politics, but nevertheless, many are
politically active. The labor movement, acting as a united
force, heavily lobbied members of the Constituent Assembly in
an effort to incorporate trade union and worker guaiuncees
into the new Constitution.
Corporatist-era legislation that outlaws most strikes remains
on the books, but the Government has chosen not to invoke the
law's more restrictive features. In addition, the Government
has restored the right to hold union office to labor leaders
punished under the military regime. The Government encourages
labor and management to resolve differences through collective
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bargaining and attempts to conciliate particularly difficult
disputes. A system of special labor courts provides an
alternative to collective bargaining.
The Government employed military troops to remove farm
equipment from a highway during a farmers' demonstration. On
several occasions, the military was also used, on grounds of
national security, to contain labor unrest at oil refineries
and ports which threatened oil supplies and exports.
Labor unions and employer associations are permitted to
maintain ties with international organizations, but each
affiliation must be approved by the President of the Republic.
Due to exchange controls, the transfer of funds to pay
membership fees requires Central Bank approval.
c. Freedom of Religion
There is no favored or state religion. An overwhelming
majority of Brazilians belong to the Roman Catholic Church,
which maintains an active social and political program with no
government intervention. However, spiritism has many
adherents, and Protestantism has been expanding in recent
years. All faiths are free to proselytize, establish places
of worship, and train clergy. The National Council of
Brazilian Bishops continues to complain that visas for
missionaries and other foreign religious personnel are being
systematically delayed by immigration authorities. Plans to
revise the 1980 immigration law have been postponed because of
the Constituent Assembly's work on the new Constitution.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on movement within Brazil, nor are
there any restrictions on emigration. Brazil admits few
immigrants, does not formally accept refugees for resettlement,
and is selective in granting asylum. Brazil's new Constitution
may include a provision that will facilitate applications for
political asylum.
Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government
On March 15, 1985, Brazil returned to democratic rule with the
inauguration of its first civilian president in 21 years.
With the acquiescence of military leaders, two civilian
presidential candidates had been nominated: Paulo Maluf, a
former governor of Sao Paulo, with close ties to the military-
dominated government, and Tancredo Neves, a long-time civilian
opposition leader. Tancredo Neves was chosen President, and
Jose Sarney, his running mate, was chosen Vice President in
indirect elections. Sarney became interim president when
Neves was hospitalized for emergency abdominal surgery on the
eve of his inauguration. Upon Neves' subsequent death, Sarney
assumed the presidency.
The military-inspired 1967 Constitution concentrated effective
political power in the presidency, including the right to
issue decree-laws in a number of key areas and to decree a
state of siege, permitting suspension of many civil rights in
the event of war or threat of serious disturbance. Several
important constitutional amendments approved by the Federal
Congress in 1985 removed authoritarian restrictions and
returned Brazil to full democratic status. Direct mayoral
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elections were held in all state capitals in 1985. National
elections were held in November 1986 to elect state governors,
the Federal Congress, and state legislative assemblies.
Thirty parties representing a broad political spectrum
participated in the elections.
The direct election of Federal congressmen and senators in
November 1986 produced a representative Congress. Acting also
as a Constituent Assembly, it has been moving to augment its
own powers under a new Constitution. State governors in
Brazil have been elected by direct popular vote since 1982, as
have all municipal and state of f icials--and most Federal
legislators. Voting is secret, and it is mandatory for all
literate Brazilian citizens, age 18 and older. Under the
current Constitution, the illiterate cannot vote. The new
Constitution to be promulgated in 1988 is expected to make
voting mandatory for adults (age 18-60). Voting is expected
to be voluntary for the illiterate, for those over age 70, and
possibly for minors (16-17 years). Military conscripts do not
have the right to vote.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are a number of Brazilian nongovernmental organizations,
such as the National Bar Association and the Brazilian Press
Association, which actively investigate allegations of human
rights violations and often initiate legal proceedings. AI
maintains offices in Rio and Sao Paulo. None of these
organizations have complained of government interference in
their activities. With the return of democratic government to
Brazil, human rights groups previously concerned with
political repression have increasingly turned their attention
to human rights problems involving police mistreatment of
suspected criminals, poor prison conditions, urban "death
squads," and rural violence including the assassinations of
peasants involved in land disputes.
In its 1987 Report, AI noted that an AI delegate visited
Brazil in October 1986 to investigate torture and
ill-treatment in various prisons and police stations in four
major cities. It said it had no replies from either the
President or the state governor to its written inquiries
submitted as a result of this investigation.
Since 1985 a federal prosecutor in each state has been
designated to monitor and assist in denunciations of human
rights violations. Inactive under the military government,
the Federal Council for the Defense of Human Rights, a
presidential advisory group, resumed its activities in 1986.
Encouraged by the Federal Ministry of Justice during 1987,
many states established their own Council for the Defense of
Human Rights. These councils include government officials and
representatives of nongovernmental human rights organizations.
They investigate specific allegations and serve as clearing
houses for information concerning human rights violations.
The various human rights councils frequently communicate
directly with one another.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination on the basis of sex and race is illegal.
Although not sanctioned by law or the Government, women and
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racial minorities still encounter substantial discrimination
in Brazil. The proportion of v/omen and blacks in the
professions, or in positions of authority, is much smaller
than their relative share of the population, a reflection of
history, cultural attitudes, and economic disparities. Women
are proportionally well represented among university students.
The vast majority of the black population is concentrated in
the lowest economic stratum.
The country's estimated 300,000 Indians, living mostly in the
interior, have suffered from government neglect and from the
impact of greater contact with non-Indians as Brazil's internal
frontier expands. Despite the Government's responsibility
under the 1973 Indian Statute to protect the indigenous
population, Indians continue to receive only minimal
assistance. The Indian Affairs Agency is attempting to
demarcate tribal lands, as isolated tribes come into conflict
with non-Indians moving into nearby areas. The land disputes
are getting more violent each year. Indian leaders believe
the Government has ignored their needs and claim the Government
is more concerned about the exploitation of mineral and other
natural resources than attending to the demands of Indians.
CONDITIONS OF LABOR
The minimum age for employment is 12, but numerous legal
restrictions theoretically apply to all working minors under
age 18. Permission of parents or guardians is legally
required for minors to work. Children from ages 12 to 14 are
legally allowed to work only if provision is made for them to
attend school through the primary grades and only in light
work that does not constitute a physical strain. All minors
are barred from night work and are prohibited from employment
in unhealthy, dangerous, or morally harmful conditions. These
laws do not extend to occasional employment performed by
millions of children and adolescents. Thirty-four percent of
all children between the ages of 10 and 14 are considered
economically active, and 65 percent of Brazilians between the
ages of 15 and 17 are employed.
Brazil's highly detailed labor code includes regulations
governing workplace safety, establishing a 48-hour workweek,
specified periods of rest and vacation, and a national minimum
wage. Enforcement of the detailed safety regulations varies.
Through collective bargaining, many local unions have brought
the workweek down to 46 or 44 hours. Government agencies tend
to rely more on education and persuasion than on coercion to
limit industrial hazards and pollution in both urban and rural
settings. This tactic has not always been successful.
The minimum wage is constitutionally defined as that amount
"able to satisfy the normal necessities of the worker and his
family" (of three dependents). High inflation dramatically
decreased the worker's real earning power in 1987, even though
the Government decreed periodic wage increases. At year's end
the minimum wage was fluctuating between $40 and $45 per month.
According to 1986 data from the Brazilian Institute of
Geography and Statistics (IBGE), 42 percent of those
economically active, including minors, earned no more than the
equivalent of one minimum salary. Nearly 13 percent earned
less than half this amount. A Sao Paulo foundation, whose
financing is derived from a trade union, calculates that to
satisfy the normal necessities of a family of four the minimum
wage should be set at an amount at least eight times the
current figure.
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The military Government which took power in a 1973 coup against
the Marxist-dominated Allende regime continues to rule Chile.
Prior to that time, except for brief periods, Chile had
elected civilian governments since the 1830's. The current
Government includes both military and civilian officials and
operates under the Constitution adopted by plebiscite in 1980.
The military Junta exercises the legislative function, and
there is a separate judicial branch, but primary authority
resides with the Commanding General of the Army and President,
Augusto Pinochet. In late 1988 or early 1989, a plebiscite is
to be held on a presidential candidate to be selected by the
commanders-in-chief of the four armed services. There are no
constitutional restrictions on President Pinochet being that
candidate. If approved by a simple majority in the plebiscite,
that candidate would serve until 1997. If a majority voted
"no," the Constitution calls for open and direct presidential
elections to be held within 1 year, simultaneously with
congressional elections scheduled for late 1989 or early 1990.
Civil liberties are provided for in the 1980 Constitution, but
the Government maintains significant discretionary authority
to limit them by use of one or more of the five states of
exception also provided for in the Constitution or its
transitory articles. During 1987 two of these states of
exception were in effect. A third, the state of siege last
imposed in September 1986 following an assassination attempt
against President Pinochet, expired on January 6, 1987.
Concurrently, the Government lifted the late-night curfew in
effect for most of the first 13 years of military rule.
Many fundamental political freedoms in Chile remained
restricted during 1987. The implementation of laws which
allowed for the legalization of political parties and the
registration of voters provided somewhat greater freedom of
association and assembly. Rights of private property, freedom
of religion, and minority rights are respected, but freedom
from arbitrary arrest and exile is limited. Freedoms of
speech and of the press were expanded when the Government gave
permission for the publication of two daily opposition
newspapers. However, access to television by opposition
groups remained virtually nonexistent, although some
encouraging developments occurred at year's end. During 1987
judicial measures were taken against a number of journalists
for publishing articles which military courts found
objectionable. Progress in creating the legislative framework
necessary for a political transformation away from military
rule were not matched by adequate steps to develop an
atmosphere of freedom and fair competition conducive to a
successful transition to full democracy. The Government
passed legislation designed to implement a ban in the 1980
Constitution against totalitarian parties, legislation which
includes a prohibition against publishing or speaking about
views similar to those of such groups or individuals. The
Government defends the ban as necessary to protect Chilean
democracy from those who would overthrow it.
In 1987, as in the past, there were reliable and documented
reports of torture and mistreatment of those detained by
Chilean security forces. Some government ministries have
tried to stop or at least control such abuses. These efforts
included agreements between the International Committee of the
Red Cross (ICRC) and the National Information Center (CNI),
the Investigations Police, and the carabineros; the prohibition
against detentions by the CNI; the establishment of an
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observer role for the Interior Ministry's Advisory Committee
on Human Rights over those detained by the Investigations
Police; and the signing, although with reservations, of the
United Nations' and Organization of American States' (OAS)
conventions on torture. Members of the security and military
forces are widely believed to be responsible for the
kidnapings, beatings, torture, and in a few cases, murders,
for which no suspects have been identified or apprehended.
The number of such incidents increased during the year, with
the killing of 12 members of the Manuel Rodriguez Patriotic
Front (FPMR), the terrorist arm of the Chilean Communist Party.
The Government continued to cooperate with the Special
Rapporteur of the United Nations Human Rights Commission
(UNHRC) . Delegations from other human rights organizations,
such as Amnesty International, Americas Watch, and the
International Human Rights Law Group, visited Chile during the
year and in some instances were given permission to visit
prisons. The diplomatic community was routinely denied access
to Chileans detained by the Government for violations of the
various state security laws.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Deaths and injuries resulting from political violence continued
during 1987. According to the Vicariate of Solidarity, the
human rights organization of the Catholic Church, 51 persons
died in acts of political violence during the year. Government
officials state that terrorist groups in 1987 caused 42 deaths
and 404 personal injuries in attacks which included 368
bombings. Chilean Human Rights Commission (CHRC) figures
indicate that 43 deaths occurred due to political violence.
The deaths and injuries resulted from both deliberate and
random actions by leftwing and rightwing terrorists and by
security and military forces.
Over half of the dead were leftist terrorists, with seven
deaths attributed to the premature explosion of bombs
reportedly being placed by these persons. Two deaths were
attributed to rightwing extremists when shots were fired from
vehicles at antigovernment demonstrators. In June 12 people,
whom government reports tied to the FPMR, were shot by CNI
officials in 5 separate incidents. In all five cases
authorities maintained the victims were killed resisting
arrest. Human rights organizations questioned these claims
and sought a special judicial investigation of the incidents.
A civilian court began investigating the deaths of 7 of these
12 people, but before it could establish if they had been
summarily executed or not, the investigation was taken over by
a military court. Since then this case has disappeared from
the press, and human rights groups have no further information
on it.
Specific instances of politically related deaths include a
carabinero (police officer) killed in Concepcion in March by a
bomb reportedly placed by the FPMR; also in March two men were
killed, one by shots fired into a demonstration from a passing
vehicle and another by military personnel wearing civilian
clothes; in April a guard at a radio station was shot trying
to stop an FPMR takeover of the station; two men died in early
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CHILE
May when a bomb they were reportedly placing in an electoral
registration office in San Joaquin exploded prematurely; two
people died in mid-June when a bomb they were placing exploded;
another man was killed by a bomb explosion in early July in
Osorno; FPMR terrorists shot an investigations police detective
in early August; and a prisoner held on charges of violating
state security laws died in the Valparaiso prison on August
15. Investigations are under way to establish if this death
was a suicide or a murder. The level of violence increased
notably in September when two carabineros were killed by a
bomb and a terrorist died when a bomb he was reportedly
placing exploded prematurely. A national protest strike on
October 7 resulted in the deaths of three people in Santiago
by unknown perpetrators.
Investigations carried out by an ad hoc army prosecutor into
the 1986 assassination attempt against President Pinochet and
the August 1986 discovery of large caches of arms produced
numerous arrests and detentions of individuals reported to be
members of the FPMR.
Rightwing terrorist groups such as the Chilean Ant i -Communist
Action (ACHA), the September 11 Command, the National Combat
Front (FNC), and others continued to operate. Four deaths may
have been caused by these groups, but they also were involved
in kidnapings and numerous threats against persons associated
with opposition organizations. In the last months of 1987
these organizations became more aggressive and intensified
their activities by threatening large groups of people,
including actors, student leaders, and human rights
activists. For example, a doctor in Vina del Mar was captured
and tortured in late November. A vehicle which he identified
as having followed him shortly before his capture was revealed
in court documents to belong to the CNI . The carabineros
publicly stated they will investigate the activities of these
rightwing organizations. Charges continued to surface that
members of the security and military forces are involved in
some of these terrorist organizations.
b. Disappearance
Human rights organizations report that politically motivated
kidnapings, unauthorized searches, and threats increased from
668 in 1986 to 792 in 1987. There were 85 individuals kidnaped
in 1987. Although numerous complaints have been made to the
courts, there have been no known arrests or prosecutions in
any of these kidnaping cases.
Five men disappeared in 1987, all in September. Witnesses saw
the men being forced into vans by unidentified armed persons
in two instances. The security forces denied knowledge of
these incidents, and no one has been arrested. A senior
government official suggested that the five, all members of
the Communist Party, had gone underground on orders from the
party. These were the first confirmed disappearances since
the wave of disappearances in the 1970's.
On September 1, a Chilean army lieutenant colonel was kidnaped
from his home. The FPMR later claimed responsibility and
demanded a $50,000 ransom, the release of a number of prisoners
whom they claimed were detained for political reasons, and the
publication in the nation's press of an FPMR statement. The
Government, through the ad hoc military prosecutor, imposed a
complete press blackout on stories relating to this case.
After lengthy negotiations with a Catholic priest serving as
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an intermediary, the FPMR released the lieutenant colonel
unharmed in Sao Paulo, Brazil on December 3. Several persons
have been arrested and charged with the kidnaping.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture remains one of the most serious human rights problems
in Chile. Efforts by some government officials to stop
torture included the signing of agreements by the
Investigations Police, the CNI, and the carabineros with the
ICRC. The agreements allow the ICRC access to all jails or
prisons where people are detained for violations of state
security laws. The agreements also stipulated that the ICRC
be provided a daily list of detainees, and be allowed to visit
the detainees after the first 5 days of detention or before
the detainees are released or brought before the courts. The
ICRC and the Interior Ministry's Advisory Commission on Human
Rights are not allowed to visit detainees if the prosecutor in
the case orders them held for 10-day periods of isolation
under the antiter ror ist law.
In June a law was enacted that abolished CNI jails. The CNI
may still make arrests, but it must keep the detainees under
house arrest or immediately turn them over to the carabineros
or the Investigations Police. The Ministry of Interior gave
the Ministry's Advisory Commission on Human Rights the right
to visit detainees held by the Investigations Police. The
Minister of Foreign Affairs signed the conventions on torture
of the U.N. and the OAS in September with reservations that
have the effect of denying international involvement in
ensuring compliance. Human rights organizations nevertheless
welcomed the conventions and urged the Government to ratify
them promptly. President Pinochet sent a message to the
legislative Junta on November 13 asking that appropriate
legislation be adopted to transform the texts of the
conventions into law. No legislative action was taken by
year's end.
Torture continues to occur despite these efforts to stop it.
The Vicariate reported 102 cases of torture in 1987, as
compared to 130 cases in 1986, and 81 in 1985. The Vicariate
has compared the statistics on torture with the number of
people detained on charges of violating various state security
laws. In 1987 there were 461 people detained, and 102 of them
were subjected to torture, or 22.1 percent. In 1986 there
were 773 people detained, and 130 tortured, or 16.8 percent.
In 1935 the figures were 549 people detained and 81 tortured,
or 14.7 percent. CHRC statistics indicate 118 cases of
torture occurred in 1987, compared to 291 cases in 1986 and
166 cases in 1985.
Witnesses report that in June the CNI tortured a young man
with an electric shock device. In September a man arrested on
suspicion of involvement in the kidnaping of an army colonel
was reportedly tortured by the CNI. He is presently in a
hospital suffering from severe back injuries. Other reports
also suggest that the CNI has reserved certain areas in
Investigations Police jails for the detention and questioning
of people. If so, this would violate the spirit of the
restrictions placed on the CNI. There were reports of the use
of sleep deprivation, blindfolding for long periods, and
psychological torture. In early December, following the
release of the kidnaped army colonel, a young woman charged
with involvement in the case was shown on national television
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after having been held incommunicado since early November.
She confessed her role as spokesperson for the FPMR, but her
physical state and mannerisms in responding to questions
raised doubts about her treatment during the month-long
solitary confinement. She publicly claimed to have been
tortured during that time.
A judge publicly denounced the repeated failure of CNI
officials to cooperate with his investigations into 35
separate torture incidents. The Supreme Court removed a
number of other torture cases from this judge's jurisdiction
and transferred them to a military court. The Supreme Court
ruled that a military court should investigate charges of
torture stemming from arrests made in connection with the
assassination attempt against the President and the 1986 arms
discoveries .
Government officials deny that torture is used or authorized,
and note that members of the security services are investigated
for possible involvement in cases of alleged mistreatment.
However, judicial investigations of torture are seldom
concluded due in large part to the refusal of some state
security organizations to comply with court orders to make
security agents available to the courts for questioning.
Moreover, in one case, despite a Supreme Court order
confirming the 5-year prison sentence and fine for three
Investigations Police detectives found guilty in 1986 of the
torture death of a young man, the three have not been
imprisoned nor paid the fine.
While there were occasional reports of brutality by the
uniformed police, human rights leaders generally agreed that
carabineros" treatment of demonstrators markedly improved. A
study by the Vicariate of Solidarity indicates that use of
unnecessary force did decrease, as demonstrated by the
following statistics. In 1987, 1,220 persons were arrested in
demonstrations in Santiago, of whom 113 complained of
mistreatment, or 9.3 percent of those detained. In 1986 there
were 3,721 people arrested and 396 complaints of mistreatment,
or 10.6 percent. In 1985 there were 2,674 people arrested
with 451 complaints, or 16.8 percent. Army personnel
abandoned the practice, common in 1986, of blackening their
faces during sweeps of residential areas and generally played
a reduced role in these searches. In the October 7 national
protest strike, which resulted in three deaths, military troops
exhibited restraint in handling rock-throwing incidents, street
barricades, and attacks against public transportation. The
deaths occurred after dark, and involved exchanges of gunfire.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Vicariate of Solidarity reported 673 individual arrests and
2,534 arrests in demonstrations through November 1987, as
compared to 732 individual and 4,152 collective arrests in
1986, and 757 individual and 1,690 collective arrests in 1985.
The CHRC reports 660 individual arrests and 3,567 collective
arrests during the same time frame. Over 90 percent of those
detained were released without charges, or charged with minor
violations, and less than 8 percent were arraigned before the
courts .
Under Transitory Article 24, the Government may order detention
for 5 days without affording the detainees the right to
judicial hearing, or for as many as 20 days in cases where
terrorist acts are alleged to be involved. In some cases
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involving the special military prosecutor, the detainees have
had limited access to lawyers even after the prosecutor
formally charged them. However, many of those detained during
investigations into the 1986 presidential assassination
attempt and the arms discoveries were held incommunicado for
40 days or more. Appeals to the courts were ignored by the
military prosecutor, who maintained that further prolonged
periods of incommunicado detention were necessary and justified
by new information. He also ordered that the detainees being
held in connection with his investigations be dispersed to
prisons throughout Chile. This was necessary, he stated, to
keep the prisoners from coordinating their stories. Appeals
by defense lawyers resulted in the end of the transfers.
Although all these assassination suspects have been indicted,
none has been brought to trial, and their cases are still under
investigation.
In other cases, once formal charges were issued and cases were
brought before the court system, the defendants were allowed a
lawyer of their own choosing. Human rights organizations
provided free legal assistance. Many of those detained under
Transitory Article 24 are never charged and are released after
several days.
The state security laws are used to detain people for
prolonged periods of time while their cases are investigated.
A doctor employed by the Vicariate of Solidarity, Ramiro
Olivares, was imprisoned in December 1986 on charges of having
violated the antiterrorist law by failing to report medical
treatment he provided to a man who was wounded in a terrorist
incident. Olivares was held for 1 year and released on bail
in December 1987. Another doctor involved in the same case,
Juan Macaya, was imprisoned from June 1986 to September 1987,
when he was released on bail. In many cases, persons who
cannot be successfully brought to trial are held for months
without trial and then eventually released and the charges
dropped.
Persons once formally charged with or convicted of violations
of state security laws generally are imprisoned separately
from common criminals and have rights to visitation and
communication with their families, friends, legal counsel, and
representatives of the ICRC. The ICRC has access to most of
those detained under the state security laws after a 5-day
incommunicado detention period.
Credible complaints of mistreatment have been received from
the prisoners held by the military prosecutor, particularly
after visits by foreign delegations. There were also reports
of restrictions on family visitation rights and of harassment
of visitors. In September the Supreme Court ruled that appeals
court judges be allowed access to these prisoners to ascertain
their condition.
The Government announced in early 1987 that the majority of
exiles would be permitted to return to Chile during the first
90 days of the year. By the end of the 90-day period over
2,700 names had been removed from the list of those whose
return was prohibited, leaving 764 names still to be
reviewed. By September the Government said the list had been
reduced to 435 names, and on December 31 it claimed that 338
cases remained pending. The Vicariate of Solidarity, however,
counted 561 exiles still prohibited from returning, including
a number of Chileans who are unable to return because they
accepted foreign nationality and are on a. separate prohibited
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list. A number of well-known political leaders who had been
living in exile since late 1973 and 1974 were allowed to
return.
Several other exiles also returned to Chile without permission
in 1987. Three of these people were detained and sent into
internal banishment for 90 days, under the provisions of
Transitory Article 24 which allows the President to use his
administrative powers to banish people without charges or
trial.
One of the three, Clodomiro Almeyda, a foreign minister in the
Allende Government, was imprisoned following the termination
of his 90-day banishment. In November he was sentenced to 541
days in prison under the antiterrorist law. In December the
constitutional tribunal found him guilty of another charge,
violating Article 8 of the Constitution, which prohibits any
group or persons from advocating class warfare, Marxism,
communism, and a variety of other ideologies. This tribunal
ordered that Almeyda lose all political rights and the ability
to speak in public or publish for 10 years. The decision
cannot be appealed. Almeyda is also subject to charges that
he returned illegally to Chile and that he advocates and
supports violence and terrorism.
Forced or compulsory labor is prohibited in Chile, and there
have been no complaints on this issue since the mid-1970's.
e. Denial of Fair Public Trial
The right to a fair public trial remains limited by Transitory
Article 24. First instance jurisdiction for the prosecution
of proscribed political activities remains with the regular
civilian courts, but broad interpretation of state security
laws has greatly expanded military court jurisdiction. As in
most civil law systems, trial is not by jury, reliance is on
the written record rather than oral testimony, and the judge
directs the investigation, finally deciding innocence or
guilt. The investigation phase is considered secret, with
limited access to evidence or testimony developed by the
judge. Secrecy makes it extremely difficult to ascertain if
justice is being done. There is a well-developed, multistage
appeal process leading ultimately to the Supreme Court.
Weapons violations (often the basis of charges against
terrorists) and charges of slandering the commander-in-chief
of the army (who is President Pinochet) are tried before a
military court. Appeals may be made to a military court of
two civilian judges and three military judges and, in the last
resort, to the Supreme Court.
Investigation by the courts of present and past human rights
violations made little progress during 1987. Human rights
organizations complained that judges failed to investigate
vigorously charges of government abuses of human rights. A
court of appeals ruled that the investigation into the 1976
disappearance of 10 people should be permanently closed. This
decision upheld the lower court judge who ruled that the 1978
amnesty law applied to this case. Human rights lawyers have
appealed the decision to the Supreme Court. In addition, an
appeals court refused to appoint a special investigating judge
to look into the June 15 killing of 12 members of the FPMR,
and the Supreme Court in June accepted the request by the
military tribunal to transfer the investigation of 7 of the 12
deaths out of the civilian court's jurisdiction.
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A Supreme Court decision in early 1987 changed the concept
behind the 1978 amnesty law by ruling that the law should be
applied before investigations of disappearances are carried
out, rather than applying the benefit of amnesty after the
cases have been investigated and the events surrounding the
disappearances have been clarified.
The investigation by a military judge into the 1986 burning of
Rodrigo Rojas and Carmen Gloria Quintana during an
antigovernment protest received considerable publicity, but
there were no indications that any determination would be
forthcoming any time soon. The military prosecutor staged
reenactments of the crime with the participation of Carmen
Gloria Quintana who reportedly identified those responsible
for the burning. Defense lawyers charged that the military
prosecutor harassed the witness and deliberately treated her
as the aggressor in the crime rather than as a victim. The
Supreme Court upheld the military prosecutor's earlier
decision to reduce the charge against the army officer
involved in this case to that of a misdemeanor for failing to
provide adequate medical attention to the victims. The
officer was promoted to the rank of captain, while his
commanding officer was retired for allegedly failing to advise
his superiors of the incident.
Reports continue concerning the failure of security forces to
cooperate with judges investigating human rights violations.
In some instances higher courts have affirmed these charges.
For example, in January an appeals court found that CNI
officials had failed to comply with court orders to give
prisoners medical examinations. The court subsequently
ordered the CNI to obey future court orders. The Supreme
Court also ordered the CNI to comply with lower court
decisions. The Supreme Court is also investigating the
unusual appearance on national television of a young woman
detainee who was filmed by the CNI while being held in
incommunicado status. According to Bar Association leaders,
this violated the defendant's rights as well as the secrecy of
the summary portion of the investigation into the army
colonel's kidnaping.
In late November, the legislative Junta approved a law which
permits military unit commanders to refuse to comply with
court orders seeking information on the activities of military
units which may be involved in actions that infringe on human
rights. Under this law military commanders may classify
information relating to military patrols, involving the
members of these patrols, as vital to national security.
While the investigating courts may appeal to the Supreme
Court, the information may still be denied to them. In the
event that the information is provided to the court, a proviso
may be attached that it may not be made public, which would
deny to human rights lawyers information that may be vital to
their investigations. For example, had the law been in effect
in 1986, the military could have denied to the courts any
information on the military patrol which was involved in the
burning to death of Rodrigo Rojas.
The Social Aid Foundation of the Christian Churches (FASIC)
reported that 452 people were in prison at year's end facing
610 judicial proceedings related to state security laws. This
included 392 men and 60 women. Fifty of these people have
been in prison since before 1983, but the majority (280) were
detained in 1986 and 1987. Of the 610 judicial proceedings,
477 are before military courts. Another 32 individuals were
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released on bail during 1987, while 4 others escaped. One
prisoner died either as a result of a suicide or murder
related to the escape of the four mentioned above. Another
four were released after completing their prison terms. Of
the 452, 104 have been convicted and are serving their
sentences, while 348 remain in detention with their cases
still under investigation.
International attention focused during the year on 15 prisoners
who face possible death sentences because of charges of
involvement in assassinations of senior military officers,
bank robberies, and killings of carabineros. Defense lawyers
charged that all were tortured, and their confessions obtained
under physical and psychological duress. Judicial
investigations of charges of torture are seldom concluded due
in large part to the refusal of some state security
organizations to comply with court orders to make security
agents available to the courts for questioning. Human rights
organizations have assisted 66 prisoners, including those
facing a possible death sentence, to obtain visas to other
countries. This was done in the belief that possession of
such visas might either allow these prisoners to seek
remission of their prison terms for exile or protect them from
the death sentence. While the Government permitted many
Chileans serving prison sentences related to politically
motivated acts to seek exile in the mid-1970's, this practice
has been severely restricted in recent years. One reason
given has been that some of those who sought exile later
returned to Chile illegally and became involved in terrorist
activities .
The military court of appeals in November rejected the death
sentence sought by the lower military court against three
defendants in a 1983 assassination case. The refusal by one
of the five judges on this appeal court to accept the death
sentence automatically reduced the sentences to lengthy prison
terms. The Government, however, is seeking to have this
judge's decision challenged in the Supreme Court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Searches of the home and interception of private communications
are permitted by the Constitution, provided search warrants
are issued by either a civilian or military court for specific
locations. The 1984 antiter ror ist law provides for
surveillance of those promoting political views contrary to
the Constitution or suspected of terrorist crimes, and for
interception, opening, or recording of private communications
and documents in these cases. The requirement of obtaining
proper court documents for searches and surveillance, however,
was not always complied with during the year. A significant
number of searches were carried out by security forces or by
armed groups who failed or refused to show identification, or
without the necessary court orders. Most searches were
conducted in the early hours of the morning, often with force
and violence.
Searches of entire neighborhoods were infrequent during the
first 6 months of the year, but they increased beginning in
July. Carabineros and Investigations Police searched homes,
church offices and buildings, trade union headquarters, and
other selected locations. The detention of all men in the
neighborhood was far less common than in previous years.
Human rights organizations filed complaints that those
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conducting the searches destroyed personal property and
damaged houses. A Ministry of Defense spokesman stated that
the searches were conducted to find arms, and that church
properties were often used as hiding places for terrorist
weapons. The Archbishop of Santiago rejected this statement
and called on the authorities to stop such searches.
Following the September kidnaping of an army lieutenant colonel
by the FPMR, security services increased the number of
neighborhood searches in their efforts to locate the victim.
The sweeps were concentrated on specific houses and were less
violent than in 1986. These searches also covered
neighborhoods not normally subjected to these actions,
including several affluent areas.
There were complaints during the year that houses and offices
were searched by security forces without display of the
required warrants.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for the freedom of speech and press.
However, since 1973 the Government has exercised considerable
control over the media through a variety of means ranging from
violence and threats, legal actions, confiscations and
closures, to economic pressures and the exercise of influence
in personnel decisions. The Government formally and informally
advises the press, radio, and television of norms for covering
domestic developments, frequently making editorial and other
suggestions and requests. In addition, the media practice
varying degrees of self-censorship.
Since the enactment in March of a law establishing a legal
basis for political parties, coverage of statements and
activities of the political opposition by the daily press has
increased. The launching of the daily La Epoca in March and
the change of the weekly Fortin Mapocho to daily status gave
the opposition its first two daily newspapers. In addition,
several low-circulation opposition magazines exist. However,
Government legal and other actions designed to restrict and
intimidate the press have continued.
The Government itself directly operates the country's largest
television network. The other television stations are closely
monitored, and program planning is strongly influenced by
self-censorship. Until recently, opposition political
spokesmen were not permitted to appear on television news (as
they are on radio and in the press), and there were no
political panels or discussions on television which included
opposition leaders. The opposition was given very limited
access to the three university channels in December 1987 and
January 1988.
Based on a March 1987 ruling by the National Television
Council, political parties in formation can purchase
advertising time on television. Such advertisements must be
restricted to calling for party membership registration and to
explaining party views. Once a political party is legally
recognized, its access to television ceases until no more than
60 days and perhaps as little as 30 days before a vote is to
be held, depending on the language of a draft bill now under
consideration. Political party spokesman state that the high
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cost of television advertising ($2,000 for 30 seconds on
nationwide networks) has place television advertising campaigns
outside their reach.
Opposition magazines and radio stations, while often outspoken
in their coverage and commentaries, face the threat of
harassment, legal and otherwise. On June 28, Juan Pablo
Cardenas, Director of the weekly magazine Analisis, was
sentenced by the Supreme Court to 541 days of nightly
imprisonment. Charges had been brought against Cardenas in
mid-1986 "for offenses against the President of the Republic"
contained in several editorials published in the magazine.
Increasing use is being made of the system of military justice
to bring charges relating to libel of the Commanding General
of the Army (President Pinochet), as in the case of the arrest
of the editor and vice editor of the magazine APSI in
September. New newspapers and magazines are not allowed to
commence publishing or to change their frequency of publication
without government approval.
On October 20, the Government established penalties for
violations of Article Eight of the 1980 Constitution. Article
Eight prohibits "all acts by persons or groups propagating
doctrines undermining the family, espousing violence or a
conception of the society, the state, or legal order of
totalitarian character or contrary to the institutional order
of the republic..." It also prohibits advocating or
defending such doctrines. Activities in violation of the
Article include media coverage, commentary, or publicity.
Penalties include fines and the loss of the right to vote, to
present views in the media, or to work in journalism,
education, or government. Fines and sanctions, such as
temporary suspension of publication, may be applied to the
media involved.
Prior to the passage of this enabling law, the Interior
Ministry brought charges against the directors of La Epoca,
Analisis, and APSI for publishing a paid advertisement by the
outlawed Communist Party. In addition to the threat of
closure, editions found offensive have been confiscated.
Several major media enterprises are seriously in debt to
government financial institutions, a situation which provides
the Government with further influence over news and editorial
content. Individual journalists may be subjected to penalties
for reporting on or quoting statements found objectionable.
On September 23, the Interior Ministry brought charges against
Analisis reporter Monica Gonzalez for "offenses against the
President of the Republic" contained in an interview with
Christian Democrat politician Andres Zaldivar. Zaldivar
stated publicly that he was accurately quoted by the
journalist and took full responsibility for his words as
published. However, the reporter remains charged and was
jailed on October 9. She was freed on bail on October 26.
Leftwing extremists attacked radio stations Beethoven and
Infinita in Valparaiso on December 1. On May 13 firebombs
were thrown by persons unknown at the El Mercurio offices in
Valparaiso, and on May 5 an El Mercurio truck was destroyed.
The leftist movement MAPU (Movimiento de Accion Popular) was
charged with the attack.
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b. Freedom of Peaceful Assembly and Association
The Government reduced restrictions on peaceful demonstrations
and association during 1987 with the passage of the
legislation regulating the legalization of political parties.
This was followed in April with a revised regulation by the
military commander of the Santiago region which permitted the
holding of meetings in public and private locations. While
still requiring official permission to hold rallies, and
conferring on the military commander the right to designate
the location, the new rules are easier to comply with than
previous ones. Political parties in the process of seeking
legal status under the political parties law and those which
had not yet begun that effort held well-publicized gatherings
in public theaters and other locations. The Government
generally did not interfere with meetings of labor unions and
professional associations. The National Workers Command (CNT) ,
for example, was allowed to hold outdoor rallies in November
and December.
Those who organize or call for unauthorized demonstrations or
protests are subject to arrest and prosecution. The CNT
leaders involved in calling a general strike on October 7 were
charged with several violations of the state security law.
Three CNT leaders were jailed in late October and denied bail
until mid-November when they were released. People charged
with such violations are usually released on bail after a
period of detention, but they are restricted from traveling
abroad. The courts may permit such travel and have done so on
a number of occasions, but the inconsistency with which this
permission is given makes foreign travel by many political and
trade union leaders uncertain and difficult.
A major open-air opposition rally, the first in 2 years, was
held in November without incident. Efforts by opposition
groups to solicit membership signatures, distribute information
on voter registration, and seek support for free elections have
been frequently broken up by security forces. The inability to
carry out these types of activities is seen as intimidation and
harassment .
Legally recognized unions do not need permission to hold union
meetings or conferences. Unions may face legal difficulties,
however, in electing leaders. For example, in September the
Government declared void the election of a union leader in a
confederation of peasant unions. This individual is under
indictment for his participation in the National Civic Assembly
protests in 1986. Under the labor laws, unions cannot elect
an officer who is under indictment. In November, however, the
Ministry of Labor reversed its earlier decision, for
unexplained reasons, and allowed this leader to assume his
union position. Professional associations, which are regulated
by a different law, face a similar problem, but the Government
has not yet applied this restriction to those groups.
The political parties law also discriminates against trade
union and professional association leaders because it
establishes that officers in trade unions and professional
associations may not be members of a political party. The
Constitutional Tribunal rejected legal challenges to this
aspect of the political parties law. Union leaders continue
to be active in the political parties that have not achieved
legal status. Since these parties are not legal entities,
membership by union leaders is not prohibited.
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In 1987 the Government codified 12 laws covering various
aspects of labor, such as trade union organizations,
collective bargaining, and maritime workers. The new code
clarifies the unionization of workers in firms employing
between 25 and 50 workers which should ease union organizing.
The code still places severe restrictions on collective
bargaining, the right to strike, and the development of
national union confederations. Collective bargaining is
strictly regulated, and the entire collective bargaining
procedure can be nullified if one legally constituted deadline
is missed by either the union or management. Further, any
decision by a union to delay the bargaining process in
anticipation of a more propitious future bargaining atmosphere
automatically extends the current contract for a minimum
2-year period.
Strikes are prohibited in designated strategic enterprises,
primarily public utilities, the largest government copper
mine, and the petroleum industry. In 1987 the Government
increased the number of state enterprises designated strategic
from 23 to 25, which is still a significant reduction from the
1985 figure of 48.
Labor unions maintain relations with international labor
bodies in their fields. The Government selects Chilean worker
delegates participating in the conference of the International
Labor Organization (ILO). These delegates have had their
credentials challenged in the past. In 1987, as in 1986, the
Government sought to avoid this challenge by seeking to
consult with representative trade unions in Chile, but this
procedure was itself challenged as restrictive in nature.
Leaders of internationally recognized Chilean labor bodies at
the national level were not consulted in their capacity as
leaders of these bodies, but in their role as union officials
of smaller trade union entities. Complaints were filed in the
ILO against the Government concerning violations of freedom of
association, of employment, and of expression, including the
prohibition of union officials from participating in political
parties .
On January 2, 1987, President Reagan announced that the U.S.
Government would continue for up to 1 year its review of
whether Chile was taking steps to afford its workers
internationally recognized worker rights in accordance with
the eligibility requirements of the U.S. Generalized System of
Preferences (GSP) program. As a result of the ongoing review,
on December 24 Chile was formally suspended from the list of
countries eligible to participate in the GSP program.
Trade union leaders and members who participate in illegal
strike actions, no matter what the motive, are generally
dismissed by their employers with the support of the
government. They are then subjected to blacklisting and are
not able to obtain employment in other industries. For
example, hundreds of copper miners fired in 1983 for
participating in a brief protest against the Government were
forced to emigrate to other countries when they found it
impossible to obtain employment in Chile. Trade union leader
Rodolfo Sequel, who left Chile for Australia in 1987, was but
one example of this blacklisting tactic.
Organized labor continued to press for a full investigation of
the 1982 murder of labor leader Tucapel Jimenez. Efforts to
have the Government appoint another judge to investigate this
murder were not successful, and the case remains officially
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closed. While the Government dropped indictments against a
political leader and a trade union officer for having
slandered the Government in this case, interest remains high
within trade union and opposition circles that this case not
be shelved.
c. Freedom of Religion
The Constitution provides for absolute freedom of religion.
Although Chile is predominantly Roman Catholic, there are no
restrictions on religious practices and no official
discrimination against any religious group. A number of
Protestant denominations and other groups are active and
report full freedom and tolerance, as does the Jewish
community, although the latter is concerned about occasional
manifestations of anti-Semitism. Religious belief and
adherence appear to have no effect on acceptability for
government positions in Chile.
The Mormon church continued to be a target of leftwing
terrorist groups, but with fewer bombings than in 1986. The
Catholic Church suffered further attacks against property and
officials .
The offices of the bishops of Valdivia, Osorno, and Linares
were broken into at various times during the year by unknown
persons who searched the files. In some instances items of
value were stolen, but church officials do not believe robbery
was the motive. Massive searches during the latter half of
the year in poor neighborhoods often included churches and
church buildings. In some instances, searches were conducted
without displaying search warrants.
The Catholic Church continues to take the lead in defending
human rights. It supplies legal counsel to those accused of
politically related crimes and to victims of human rights
abuses. Its Vicariate of Solidarity monitors the human rights
situation throughout Chile, issues factual monthly reports on
human rights violations, and protects and defends significant
numbers of people.
Relations between the Catholic Church and the Government
remained tense because of government investigations of the
Vicariate of Solidarity and of statements made by the Council
of Catholic Bishops calling for modifications to the 1980
Constitution, greater respect for civil liberties, and fair
conditions for electoral competition. These relations were
typified by the Ministry of Interior's year-end statement in
which he charged that internal divisions and political
extremism within the Catholic Church were one of three
obstacles to social order and national development. The other
two he gave as terrorism and foreign intervention.
The Vicariate remains a target of investigation by the
military prosecutor who is looking into several terrorist-
related incidents. Several lawyers for the Vicariate were
subjected to court summonses, generally from military courts,
on a variety of charges related to their legal work. The
prosecutor, so far unsuccessfully, has sought access to the
Vicariate's case files and bank records. Threats against
Vicariate officials and lawyers were reported, and the
executive secretary of the Vicariate was forced to seek police
protection following an attempted forced entry into his
house. The Interior Minister also singled out the Vicariate
for criticism in his end-of-year speech to the Junta as an
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organization directed to bring down the Government and provide
moral cover and logistical support to terrorism.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Chileans are supposed to enjoy full constitutional freedom to
move within and to enter and leave their country, but exile
and internal banishment are still practiced. International
organizations dealing with migrants believe the volume of
skilled and unskilled workers returning to Chile now roughly
eguals the number leaving. The UNHRC or International
Committee for Migration (ICM) and other organizations assisted
80 persons to return to Chile from abroad during the year.
According to Chilean government figures, of the 9,233 names
removed from the exile list between 1982 and early 1987, only
1,746 reportedly elected to return permanently to Chile.
According to organizations such as FASIC which assist in the
resettlement of these people, many choose to remain in their
adopted countries for economic and family reasons. A number
of well-known political leaders whose names were removed from
the prohibited list during the year returned to Chile and
resumed their political activities without facing harassment.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
This right remains severely restricted. Under the Constitution
a plebiscite must be held no later than February 1989 on a
presidential candidate to be selected unanimously by the four
commanders-in-chief of the armed forces and national police.
The plebiscite must be held within 30 to 60 days after the
commanders meet for this purpose. If the four commanders (who
include President Pinochet) do not achieve unanimity, the
candidate must be chosen by five of the eight-member National
Security Council composed of the President, members of the
junta, the president of the Supreme Court, the president of
the Council of State, and the Comptroller General. In the
event that the candidate selected by either procedure is
rejected by the citizenry. President Pinochet will continue in
office until March 11, 1990 but must before that date hold
competitive elections for the President and the Congress.
The Constitution provides that 9 of the 36 members of the
future Senate be appointed by the executive branch or the
Supreme Court. Acting through the National Security Council,
the armed forces chiefs may disapprove any law which
compromises national security or "gravely threatens the
foundations of the institutional order." A constitutional
court can expel any legislator for drafting or supporting a
resolution or bill it deems unconstitutional. Once the period
of transition ends in 1989, the Constitution will be, for all
practical purposes, impossible to amend for another 8 years
without the consent of the President.
The Catholic Church and the moderate opposition political
parties have argued for a return to full democracy, not the
"protected democracy" envisioned by the Constitution. So far,
their efforts to seek a negotiated agreement with the military
to reform the Constitution to allow for competitive elections
for president and a fully elected and empowered congress have
been consistently rebuffed by the Government. President
Pinochet has ruled out modifications to the Constitution and
insists on the plebiscite mechanism for presidential
succession. Democratic opposition groups are nonetheless
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engaged in a national campaign in support of free and fair
elections and a rejection of the candidate nominated for the
plebiscite, who could be Pinochet himself. The Communist
Party and its allies in other radical left groups continue to
seek the overthrow of the regime through armed struggle and
political violence.
Shortly after coming to power in 1973, the military government
had all electoral records burned. In February 1987 voting
registers were reopened, requiring as a prerequisite a new
national identity card. The enrollment process has proved to
be slow and cumbersome. Citizens must often travel long
distances to enroll. Those who work Monday through Saturday
have difficulty getting access to the registration process,
and no mobile units have been permitted. An estimated
one-third of the electorate must still purchase their new
identity card at a cost of about $1.50, which opposition
leaders have said amounts to a poll tax for low-income
Chi leans .
In August the Government announced a slight increase in the
hours and sites of registration. Civic groups have lobbied to
make registration obligatory, to have the Government publicize
it more effectively, and to strengthen the legal provisions
which require employers to grant workers time off to register.
Their biggest obstacle is voter apathy, which is compounded by
the fact that 45 percent of the potential electorate has never
participated in national elections and that many citizens
cannot understand why they should prepare for a plebiscite
whose goals and timing are still unclear. At the end of 1987,
3,744,000 persons had been registered out of an estimated
8,200,000 eligible voters.
The political parties law passed in March 1987 grants parties
the right to function as legally recognized bodies provided
they fulfill a number of highly stringent specifications.
These include a requirement that parties in formation who
desire to operate in all regions of Chile amass 35,000
notarized signatures of members, who in turn must be
registered voters. Because party lists are public property,,
many prospective members purportedly are reluctant to enroll
for fear of job discrimination or possible retaliation. A
prohibition against leaders of unions, and student and
professional organizations being party members has likewise
hindered the collection of signatures. The legislation
provides for strict government supervision of parties'
internal elections, structures, and financial procedures.
So far 12 parties have begun the process of registering. Four
of them are identified as sympathizers or supporters of the
Government. Chile's most important political organization,
the Christian Democratic Party, filed for legal status in
September .
Although to date political parties have been allowed to
function as before, their future conduct under the political
parties law would be subject to much stricter government
control. Due to the extension of the states of emergency and
danger, the right of assembly is still seriously limited.
Because television coverage of political debate had not been
allowed until recently, and television advertising, though
permitted, is so expensive as to be out of reach of opposition
parties and leaders, their access to a broad public audience
is restricted, while the Government and progovernment media
enjoy a near monopoly in reaching mass audiences.
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A law regulating the electoral process was passed on January
14, 1988 by the legislative junta and is awaiting approval by
the constitutional tribunal. The law contains many
restrictions on political advertising. Apart from the period
of formation of parties, and the month or two prior to the
plebiscite, parties will have no access to television for
either paid or free advertising. A party must have completed
the 7-month registration process 4 months before the plebiscite
to qualify to name observers for local vote-counting purposes.
On December 17, the United States issued a statement in
support of democracy in Chile. The United States called for
the development in Chile, well before any scheduled balloting,
of a climate of freedom and fair competition marked by
equitable access to the mass media, unrestricted discussion of
political issues, broad freedom of assembly, early announcement
of the rules of the electoral proceeding, f acilitization of
registration by prospective voters, and freedom for citizens
and political groups to campaign peacefully in favor of their
ideas .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government maintained its cooperation with the UNHRC
Special Rapporteur and provided another detailed reply to the
Special Rapporteur's report on the human rights situation in
Chile. The Special Rapporteur visited Chile in March and
December .
The Government refused to cooperate with the Inter-American
Human Rights Commission and denied it permission to enter
Chile.
The Government continued to cooperate with the ICRC, which
provides confidential reports to key government ministries on
the results of its visits to prisons, as provided for in the
agreements signed in late 1986 and early 1987 with the CNI,
the Investigations Police, and the carabineros.
The Government permits visits and investigations by private
international human rights groups. A number of international
visitors as well as diplomatic personnel assigned to Chile
were, however, denied entry to prisons even after seeking
permission in writing. The inability to carry out visits to
those detained for violations of state security laws prevented
thorough investigations into the treatment of these detainees
and of prison conditions.
The Ministry of Interior's Advisory Commission on Human Rights,
which was established in June 1986, was assigned the task of
reviewing the list of those prohibited from returning to Chile
and making a series of recommendations to the Ministry on
allowing these people to return. It appears that the
Commission recommended favorably in almost all cases it
reviewed. The Commission was also instrumental in persuading
the Government to reduce the number of mass neighborhood
sweeps by the army. It also heard complaints from the
families of victims of human rights violations. For example,
in September the president of the Commission met with the
families of the five young men who disappeared that month.
After hearing their versions of the disappearances, he
requested that an appeals court appoint a judge to investigate
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them and promised to review the matter with the Vice Minister
of Interior. To date, however, no action has been taken.
The Chilean Commission for Human Rights (CHRC) , a private
organization directed by opposition political figures,
continued to publicize abuses. The central offices of the
CHRC were searched in September during one of the many
military searches of various neighborhoods for a kidnaped army
officer. Statistics provided by the CHRC cover violations
brought to their attention from throughout the country, as
compared to Vicariate figures which generally cover cases
actually handled by the Vicariate. Since some persons
involved in human rights violations may not go to the
Vicariate for assistance, the CHRC statistics provide a wider
picture of human rights violations.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Minority groups do not suffer from any specific legal
discrimination. The only significant racial minority, the
Mapuche Indians in southern Chile, remain separated from the
rest of society due to historical, cultural, educational, and
geographical factors rather than official policy. They charge
that government policies throughout the years have failed to
take into account the different cultural values of the
Mapuche, particularly in the areas of land ownership and
education. They have in many instances refused to participate
in government attempts to assign land to individual families,
preferring to retain the land as tribal property.
Legal distinctions between the sexes still exist. The legal
retirement age for women is 5 years lower than that for men.
Married women may not conduct major commercial transactions
unless a separation of goods contract is established at the
time of marriage, or through a subsequent special one-time
authorization. Inheritance laws provide strong protection for
wives and favor female over male heirs. Legislation is
presently under consideration by the junta to modify portions
of the laws relating to women. The changes would include such
matters as allowing women to take children out of the country
without the fathers' permission, and relaxing restrictions on
women engaging in business transactions. No action was taken
by the junta on these changes by year's end.
Women enjoy access to education and employment, although their
average salaries for similar work are lower than those paid to
men. In 1983 women made up 48.8 percent of the primary school
enrollment, 50.5 percent of secondary school pupils, and 40
percent of university students. Women have served in such
important government positions as mayors, agency heads, and
ministers, although none is currently in the Cabinet. Women
enjoy good access to low-level and mid-level professional jobs
but do not hold a proportional number of high-level positions.
CONDITIONS OF LABOR
Child labor is regulated by law. Young people between the
ages of 14 and 15 may be employed only with the permission of
their parents or guardians and if they have completed their
schooling, and then only in restricted types of labor. Those
between the ages of 15 and 18 can be employed in a larger
variety of labor and at expanded hours, but only with their
parents' or guardians' permission. Economic factors have
forced many children to seek part-time and full-time
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employment in areas o£ the economy which are generally
difficult to regulate. Unemployment levels for younger
workers between the ages of 18 and 24 are considerably higher
than the national average, and most seriously affect youth in
the poor neighborhoods of large urban areas.
Minimum wages, hours of work, and occupational safety and
health are regulated by law. The law permits the hiring of
apprentices, but less than minimum wages may not be paid.
Laws covering child labor, wages, and hours of work are
difficult to enforce. There are complaints that occupational
health and safety laws are not adequately enforced, with the
copper industry often singled out as one of the main culprits,
426
COLOMBIA
Colombia is a multiparty democracy in which elected governments
have ruled for all but 4 years (1953-57) of this century.
While Colombia's two traditional political parties, the
Liberals and the Conservatives, have dominated the political
arena since the mid-19th century, smaller parties have fielded
candidates at all levels and are usually represented in
Congress, state assemblies, and city councils. Governors and
mayors traditionally have been appointed by the President
under a constitutional provision requiring "adequate and
equitable" representation of the major party not holding the
Presidency. However, Liberal President Virgilio Barco
announced a "party government" after his electoral victory May
25, 1986, offering greater participation to the losing
Conservative Party. The Conservatives declined to accept any
political or technical positions in the Barco Government and
declared themselves to be in "reflexive opposition."
Colombia has a mixed economy in which private enterprise plays
an active role. The coffee industry, which accounts for one
third of the country's export earnings, is in private hands,
as are most entities engaged in manufacturing, agriculture,
and provision of services. There is a relatively large
informal economy. State enterprises control domestic
participation in major export industries such as oil and coal
and play a deciding role in the electrical and communication
industries, but the Barco Government has stated its desire to
reduce government participation in the economy.
Notwithstanding its long tradition of electoral democracy,
Colombia continues to experience high levels of both political
and criminal violence. For most of the past 40 years, the
country has lived under a constitutionally authorized state of
siege to deal with civil disturbances, insurgent movements,
and, most recently, organized crime. The state of siege,
lifted in 1982, was reimposed in 1984, following the
assassination of the Minister of Justice by narcotics
traffickers, and remained in effect through 1987. Except for
transferring terrorist cases from civilian to military courts
(the Supreme Court has blocked transfer of narcotics cases to
military tribunals), the current state of siege has left most
civil liberties largely unaffected.
The cease-fire accords negotiated under former President
Betancur (1982-1986) have been broken by all the guerrilla
movements, although the Revolutionary Armed Forces of Colombia
(FARC), the largest such group, still claims to adhere to the
accords. (In 1985 the FARC established a political party, the
Patriotic Union (UP) and participated in the 1986 congressional
and presidential elections, fielding candidates at all levels).
However, in mid-1987 the Government declared the truce broken
in Caqueta and Huila Departments as a result of FARC ambushes
of military convoys and attacks on small towns. President
Barco's former Special Advisor for Rehabilitation,
Normalization, and Reconciliation, Carlos Ossa Escobar, who
was responsible for managing the peace process with guerrillas
until he resigned in December 1987, met with FARC and UP
leaders to continue negotiations. Categorically rejecting the
Government's insistent call to disarm, the FARC demanded
political and economic reforms; "purification" of the armed
forces; lifting of the state of siege; and an end to "death
squads." Ossa strongly criticized the FARC for truce-breaking
but reiterated the Barco Administration's willingness to
continue political discussions with the FARC and other
guerrilla groups. Ossa's replacement will continue the
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discussions. In October President Barco created a Permanent
Advisory Council on Political Rehabilitation, Reconciliation,
and Normalization to improve dialog between the Government and
guerrilla groups. At the end of 1987, prospects for
participation in the peace process by the remaining guerrilla
groups were doubtful.
Human rights in Colombia during 1987 were seriously affected
by the large number of apparently political assassinations.
Such violence has many sources and permeates Colombian society.
This phenomenon is fed by and contributes to the corrosion in
judicial administration and the weak enforcement of law and
order. During 1987 various guerrilla groups, drug traffickers,
organized bands of hired killers, paramilitary "death squads,"
and independent elements of the police and military acting
outside the scope of their official duties escalated the
already high level of violence, directly challenging the
Government's ability to maintain order and preserve democratic
institutions. Political leaders, human rights activists,
labor leaders, and members of the judicial branch have been
especially targeted for assassination. While politicians from
across the political spectrum have been victimized, leftist
political leaders have been particularly singled out.
Reacting to criticism of the weak legal system which permits
many perpetrators of violence to act with impunity, the
Government took positive steps to strengthen the administration
of justice and improve the Government's ability to reduce
political violence. President Barco created a new Presidential
Counselor for the Defense, Protection, and Promotion of Human
Rights and appointed Alvaro Tirado Mejia, a highly respected
historian and lawyer, to fill the position. Tirado will be
responsible for coordinating all government-wide information
on human rights investigations and for responding to inquiries
concerning allegations of human rights abuses. He will report
directly to the President. The Ministers of Foreign Affairs,
Defense, Justice, Communications, and the Attorney General
established an interagency Governmental Committee for the
Vigilance of Human Rights to meet as required by the new
Counselor, to discuss and update human rights issues and
policies .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Political violence related to party affiliation is not new to
Colombian politics. However, 1987 witnessed an increase in
the number of assassinations apparently motivated by politics.
The Communist-supported UP party continued to be a principal
target of such violence and claimed that between 470 and 500
of its members have been killed since the party's founding in
1985. According to public sources, 56 UP activists and office
holders were killed in 1987, including party leader and
ex-presidential candidate, Jaime Pardo Leal, killed in October,
and an alternate senator. The Liberal and Conservative Parties
have not been immune, suffering the loss of 18 Conservative and
32 Liberal activists and office holders during the year. On
December 9, Commander of the FARC Tenth Front Rafael Reyes
claimed responsibility for the murder in November of a federal
congressman from Bogota. The announcement was made during a
television interview with the Government's Peace Advisor.
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These murders are under investigation but few suspects have
been arrested or charged in killings not attributed to one of
the guerrilla groups. Motives for the killings are difficult
to establish, but probably include personal, narcotics related,
and other criminal reasons in addition to political motives.
Accusations of military or paramilitary involvement in some of
these killings continued. During 1987 the UP and a number of
human rights activists openly charged the Colombian Armed
Forces with human rights abuses. In 26 cases of political
assassination or torture against persons associated with the
UP, the UP publicly charged members of the armed forces with
either carrying out the crimes or of directing civilians to
commit them. Early in the year, charging that the Assistant
Attorney General for the Armed Forces, an active duty Army
General, would not be impartial, UP leader Jaime Pardo Leal
refused to appear to file formal complaints and present
evidence implicating security forces in the crimes. The
Assistant Attorney General for the Armed Forces resigned in
protest and a civilian, Omar Henry Velasco, was appointed to
fill the job temporarily. No one has been named on a
permanent basis.
In September Mr. Velasco announced that 4 of the 14
investigations initiated into the UP ' s charges produced
sufficient evidence to begin criminal investigations against 8
members of the armed forces. The officers under investigation
include a lieutenant and a sergeant suspected of involvement
in the September 1986 assassination of UP Senator Pedro Nel
Jimenez. These officers have been suspended from their duties.
Amnesty International and Americas Watch accused the Colombian
armed forces of carrying out summary executions, torture, and
disappearances "with the apparent authority of the army high
command." The Attorney General is legally empowered to
investigate and prosecute members of the security forces for
human rights abuses. Charges of abuse by a member of the
armed forces, the National Police, or the Department of
Administrative Security are investigated and, if substantiated,
the persons responsible are suspended from their duties and
prosecuted. Few persons have been convicted, however.
Amnesty International reported that: "the authority to punish
human rights abuse was delegated exclusively to military
courts. ...those identified by civilian prosecutors as
criminally liable in political cases generally remained in
their posts, or, in some cases, were promoted. Whenever
civilian investigators found evidence involving police or
military personnel, cases were transferred to military courts,
where military prosecutors generally declined to pursue them."
The existence of "self-defense" groups, peasants armed to
defend themselves and their lands from incursions by both
guerrillas and criminal bandits, became a controversial topic
during the year. The Constitution allows for self-defense.
However, several government officials, political party members,
and the Catholic Church expressed concern regarding the armed
forces' ability to monitor these groups and prevent them from
conducting offensive operations. In the only publicized
incident involving a "self-defense" group, 11 members of a
cattlemen's self-defense group were killed in an ambush while
searching for cattle rustlers. An investigation resulted in
the arrest of a nearby town's police chief who apparently led
the townspeople to ambush the cattlemen's group believing that
the group was going to attack the town.
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In this period of active insurgency, statistics on killings
and disappearances continue to be unreliable and subject to
differing interpretations. The Permanent Conunittee for the
Defense of Human Rights, the major human rights organization
in Colombia, reported 410 political killings during 1987. The
Committee's data are based on press reports, personal
testimony, and complaints filed by relatives and friends of
alleged victims. The Committee does not investigate incidents
but conveys the information it gathers to the Attorney
General's office. Statistics issued by Colombian military
intelligence for the period January 1 through September 10,
1987, reported the deaths of 239 members of the armed forces,
464 guerrillas, and 556 civilians due to conflicts with the
insurgents .
The campaign of intimidation and murder waged by the narcotics
traffickers continues to threaten Colombian human and
political rights. Documents found on four members of "Los
Priscos", a notorious band of killers hired by narcotics
traffickers, marked a number of judges and others opposed to
narcotics trafficking for assassination. The "Priscos" band
has been linked to every major narcotics-related murder in the
last 3 years, including the assassinations of Justice Minister
Rodrigo Lara Bonilla (1984), Supreme Court Justice Hernando
Baquero Borda (1986), and El Espectador Director Guillermo
Cano (1986). Moreover, there are reported conflicts between
traffickers and guerrillas over payment for protection. In
November 1987, the Government announced that the October 11
murder of Jaime Pardo Leal was masterminded by a high-level
trafficker .
b. Disappearance
The Attorney General's office receives and investigates all
reports of disappearances in Colombia. The lack of any
systematic method of compiling and maintaining records reduces
the usefulness of these statistics, however. For example, for
1987 the Attorney General separately reported both 9 and 103
complaints of disappearances. In only one case was the result
of the investigation certain--the person's body was found a
few weeks after she was reported as missing. The Permanent
Committee for the Defense of Human Rights reported 67
disappearances between January and September 1987. The
military reported 141 kidnappings through September 10, 1987,
attributing 27 to the FARC, 28 to the National Liberation Army
(ELN), 3 to the April 19th Movement (M-19), 6 to the Popular
Liberation Army (EPL) and 76 to persons unknown. Of these, 42
victims were eventually freed, 5 escaped, 22 were killed, 19
were rescued, and 53 are still being held.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Attorney General's office was unable to provide statistics
for the number of allegations of torture investigated during
1987. On September 14, the Government announced that Captain
Rodrigo Martinez Vargas and Lieutenant Alvaro Retis were
dismissed from the National Police's intelligence branch for
torturing two men to death in Cartagena in 1983 and raping the
sister of one of the men. Their cases have now been forwarded
to a civilian court for criminal investigation and prosecution.
The Permanent Committee for the Defense of Human Rights
received 200 complaints alleging torture and stated that
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several soldiers and police have been suspended from duty-
pending investigations of their conduct. None has been
convicted as yet.
Colombian prisons are understaffed due to inadequate budgets.
In most prisons, inmates receive a subsistence diet which they
often supplement with purchases from prison stores. Family-
members and friends are allowed to visit regularly and to
bring food and clothes. Consular officers are given regular
access to foreign prisoners. Most prisoners accused of crimes
in connection with guerrilla activities are incarcerated in
regular prisons, although segregated from common criminals.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The constitutional right to a judicial determination of the
legality of detention is generally respected. A person may be
arrested if apprehended in the act of committing a crime or if
an order of capture has been issued by the police on the basis
of a denunciation by a private citizen, suspicion by the
police, or a judge's order. The police must place the
detained person at the disposition of a judge within 24
hours. Where an unsworn statement is given by the suspect,
the judge must hold a preliminary hearing, within 48 hours.
During or after the preliminary hearing, if the judge finds
that there is enough evidence to pursue the case, he issues an
arrest warrant or an order of preventive arrest. Preventive
arrest is an order to keep the person incarcerated until trial.
Colombian law stipulates a specific time within which a trial
must be held or the person released. Colombian law also
provides for the granting of bail, parole, and probation.
There are no legal provisions for exile. Forced or compulsory
labor is legally prohibited, and the prohibition is respected.
e. Denial of Fair Public Trial
The judiciary is independent of the executive and legislative
branches of government. The rights of public trial and due
process are provided for in the Constitution. Prisoners have
the right to representation by counsel, and if a prisoner does
not have an attorney, the court will appoint one. However,
due to the overburdened and underfunded judicial system, the
widespread practice of preventive detention, and the
traditional reluctance to grant bail in serious cases, most
prisoners incarcerated for common crimes never come to trial
but are simply released after serving the minimum sentence
applicable to the crimes alleged. In September 1987, there
were approximately 29,000 persons in prison, of whom only
8,000 had been tried and sentenced.
The large and powerful narcotics subculture poses a serious
threat to the Colombian judicial system. The enormous
financial power wielded by traffickers has resulted in
institutional corruption at all levels. Irregularities in the
arrest of a narcotics trafficker in Call in late 1987 resulted
in 90-day suspensions of the District Attorney and his
assistant, the Coordinator of Judicial Police. At the end of
the year, the Attorney General opened an investigation into
the conduct of two judges, the national Director of Prisons
and his subordinates, employees of the Justice Ministry and of
the Minister of Justice following the release of a major drug
trafficker from prison. Magistrates, judges, and attorneys
have been threatened or killed because they were investigating
or prosecuting narcotics traffickers or their associates.
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The failure of judicial institutions to investigate and
resolve violent crime encourages individuals to use violence
as a means of resolving conflict. Death squads, so-called
civic "clean-up" operations, professional assassins, guerrilla
operations, and personal vendettas fueled by the ready cash of
narcotics trafficking all contribute to the progressive
weakening of law enforcement and judicial institutions and
result in the generalized disintegration of law and order.
President Barco took active measures in 1987 to strengthen the
administration of justice and improve criminal investigations.
These measures included: the creation of a "civic witness"
(award for information) program, formation of a protection
program to protect judges from retaliation, creation of a core
of specialized judges to deal with drug trafficking and
special judicial police to aid in investigations, and plans to
implement an obligatory judicial education program to improve
competence and professionalism.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution requires a court order for authorities to
enter a private home, except in the case of hot pursuit.
While Colombian human rights organizations report widespread
violations in the more remote areas, government forces
generally respect the sanctity of the home and privacy in most
parts of the country. Persons from rural areas frequently
claim that they have been forced to leave their farms by
military counter insurgency operations, guerrilla conscription
and confiscation, and by paramilitary thugs hired by local
landowners .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These constitutionally assured rights are respected, and the
press often vigorously criticizes the Government and its
leaders. The privately owned print media are under no
governmental restraints and publish a wide variety of
political views. Television channels are controlled by the
State, which leases time to private companies and imposes some
guidelines to insure equal time for political candidates.
During the 1986 congressional campaign, three leading
candidates appeared in a debate, and during the presidential
campaign the Government insured that each of four announced
candidates received equal time for a series of national TV
appearances. Beginning in 1987, all legally registered
political parties have access by law to national television.
Each weeknight a different political party is allotted 10
minutes time. To maintain neutrality, the parties' appearances
are rotated alphabetically. Leaders of various political
groups are commonly interviewed on television.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is generally
respected. Public meetings and demonstrations are normally
held without interference. Under the state of siege, prior
permission is required for demonstrations and is usually
granted, except when the Government believes there is a clear
and imminent danger to public order. During 1987, no marches
or demonstrations by major groups or parties were banned in
the capital, Bogota. Some demonstrations were restricted in
outlying towns and regions afflicted with guerrilla violence.
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Colombian workers enjoy the right to organize and, in the
private sector, to bargain collectively and to strike. Use of
strikebreakers is prohibited by law, and generous severance
benefits tend to discourage management from firing union
militants. Many provisions of labor law, however, are
effectively ignored by small and medium-sized enterprises.
Given the high level of unemployment (currently about 12
percent), unions have limited bargaining power and have been
unsuccessful in organizing other than the largest firms and
the public services. Only about 12 percent of Colombia's
economically active population is unionized. Almost half of
the country's 1.2 million unionized workers belong to a new
labor front, the Unitary Workers Central (CUT), formed in
1986. The remaining union members belong to three long-
established confederations, two of which are affiliated with
the International Confederation of Free Trade Unions (ICFTU).
The third confederation is affiliated with the Christian
Democratic World Confederation of Labor (WCL) . Although the
CUT is not officially a member of the Soviet-controlled World
Federation of Trade Unions (WFTU) , it is heavily influenced by
its pro-Moscow Communist component and has retained strong
links to the international Communist labor movement.
Several trade union demonstrations and brief strikes occurred
to protest the assassination of current and former labor
leaders, including UP party leader Jaime Pardo Leal, killed in
October. In August, a violent agrarian protest in the banana-
growing region of Uraba left 30 to 40 workers dead. CUT union
leaders claimed the workers were murdered by landowners during
the 20-day strike. Ministry of Labor negotiators assisted in
settling the dispute and ending the violence.
c. Freedom of Religion
The Constitution provides for freedom of religion. According
to official statistics, 217 different religious sects are
registered in Colombia. Although an overwhelming majority of
Colombians are Roman Catholic, no legal discrimination exists
against any religious group. In practice, however, some
Evangelical Christians and other non-Catholic groups operating
in Colombia have continued to encounter difficulties in
obtaining entry and resident visas for additional or
replacement mission workers.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Colombians are free to leave and return to the country. In
areas under government control where operations against rural
guerrilla groups are under way, traveling civilians require
"safe conduct" passes; guerrillas reportedly use a similar
means to restrict travel in areas under their control.
Colombians who have sought and been granted diplomatic asylum
in foreign embassies have always been allowed to depart the
country. Expatriates can, by law, repatriate. Colombia in
the past has accepted refugees; however, because of high
unemployment and underemployment, the Government is
increasingly reluctant to accept displaced persons. The
Government does not forcibly repatriate asylum seekers.
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COLOMBIA
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Colombia has a democratic system of government, and elections
are conducted fairly and openly. However, many Colombian
political observers agree that traditional political patronage
continues to affect election outcomes in some areas. In other
areas, the financial influence of narcotics traffickers poses
a threat to the integrity of the electoral process. Persons
are enfranchised by the Constitution at age 18. Those
convicted of certain crimes may be disenfranchised. Public
employees are forbidden by law to participate in political
campaigns but, with the exception of military personnel, can
vote .
Colombian politics are dominated by two major parties, the
Liberal and the Conservative, and each includes elements with
widely divergent political views. However, all parties are
free to raise funds, field candidates, hold public meetings,
have access to the media, and publish their own newspapers.
The UP, participating in national elections for the first time
in 1986, won 3 seats in the Senate and 5 in the House of
Representatives in the congressional elections and 4.5 percent
of the vote in the presidential election, the best showing by
a third party in recent history.
Legislation providing for direct election of mayors beginning
in March 1988 was signed into law by President Betancur
January 1, 1986. The Colombian Congress is still considering
legislation to expand "popular consultation"--popular
referendums and recall of elected officials. In October 1986,
the Government proposed a constitutional reform that would
provide up to six new congressional seats specifically for
small parties on a national, rather than departmental, basis.
The draft reform would also increase the number of
congressional seats for the sparsely settled eastern plains
and would permit public financing of election expenses. The
Congress has yet to vote on this reform.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Colombia has welcomed nongovernmental human rights
organizations. The Colombian Human Rights Commission
established by the Attorney General in 1985 continues to
operate although it rarely meets as a whole. The Assistant
Attorney General for Human Rights, a member of the Commission,
is involved in investigations of alleged violations. However,
international human rights inquiries are now submitted to the
International Organizations Sub-secretariat of the Foreign
Ministry, which has made responding to allegations of
violations a priority. Also, human rights investigations are
now conducted by the National Police and Department of
Security instead of the ill-equipped and understaffed Attorney
General's Office.
The Permanent Committee for the Defense of Human Rights is the
most active nongovernmental Colombian human rights
organization. Its 94 members include members of Congress--a
UP Senator is the Executive Secretary — journalists, labor
leaders, and persons in the arts, including Nobel Laureate
Gabriel Garcia Marquez. The Committee compiles statistics
based on press reports and personal testimony, which it turns
over to the Government for investigation and possible
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COLOMBIA
prosecution. It has no staff or budget to conduct its own
inquiries. The Committee's statistics have been used
extensively by international organizations such as Amnesty
International, Americas Watch, and the Washington Office on
Latin America. The Committee also sponsors periodic human
rights forums in Colombia.
Columbia is an active participant in international and
regional human rights bodies.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The law assures women equal civil and property rights. Their
economic situation is inferior, however, especially in rural
areas. Women comprise just over 25 percent of the country's
economically active population but are concentrated in low-
productivity, low-income sectors. The historically higher
unemployment rate for women has decreased in recent years.
Women are legally entitled to pay equal to that of their male
counterparts and normally receive equal salaries when employed
by the Government. Such is not generally the case, however,
in private industry. As more women graduate from universities
and participate in the work force, they are increasingly
active at all levels of society. A growing number of women
are receiving higher education; women currently comprise 40
percent of the university population. Women also serve as
legislators, judges, governors of departments (states),
political party leaders, government officials, and diplomats.
Colombian Indians legally enjoy all rights and privileges of
full citizenship. However, Indian rights groups protest that
they suffer a variety of abuses and they are seeking to
promote local improvements through community action, public
education, and legal aid. Their most common complaint is that
they are forced off contested land by paramilitary thugs hired
by landowners. When the Indians retaliate, the landowners
call on local police and military forces for protection. In
at least one recent case, a major land dispute involved
contending Indian families in one tribe. One Indian group has
organized a guerrilla band, the "Quintin Lame," reportedly
allied with other guerrilla groups against the Government.
The upsurge of land occupation by Indian groups that began in
mid-1984 continued unabated in 1987. Some landowners attribute
this to leftist political activists; other observers consider
it a natural result of the historical struggle between
indigenous groups and landowners for control of rural areas,
perhaps exacerbated by current politicking over land reform.
Whatever the cause, the trend of increased land invasions
continues to create concern in Government and among landowners.
CONDITIONS OF LABOR
The law prohibits the employment of children in most jobs
before the age of 14, particularly where such employment might
interfere with schooling. These provisions are respected in
the larger enterprises and major cities. However, the
extensive "informal" economy--an unofficial sector where
workers are employed by relatives or self -employed--is
effectively outside government control. Approximately 2.5
million children under 15 work in the informal sector for low
pay under poor conditions with little protection from the
labor code. The labor code regulates the hours of labor and
other work conditions. The 8-hour day is standard in larger
companies, but the workweek generally exceeds 40 hours; a
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COLOMBIA
standard week of five 8-hour days remains an important
long-term goal of Colombian trade unions.
The Government annually sets a national minimum wage which
serves as an important benchmark for wage bargaining. The
minimum wage is generally sufficient to maintain an acceptable
standard of living, but erosion from inflation (running close
to 24 percent at year's end) is a continuing problem. Workers'
occupational safety and health are extensively regulated,
including use of protective clothing and ventilation, first
aid and fire fighting equipment at the job site, sanitary
facilities and potable water, and compensation for injuries.
These regulations apply to the larger agricultural enterprises
as well as industry and mining. However, exemptions for small
companies, the frequent use of workers as "subcontractors"
rather than employees, and general enforcement difficulties
leave large numbers of workers outside the protection of the
law. The Government is endeavoring to improve regulatory
enforcement, and improved work conditions are a priority goal
of the trade unions. Compliance with legislated regulations
is difficult to enforce given the number of inspectors needed
for this task. Violations appear to be more frequent among
the newer, smaller industries.
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COSTA RICA
Costa Rica has a strong democratic tradition. The Constitution
of 1949 established a government of independent executive,
legislative, and judicial branches. Free and fair elections
for president and 57 deputies to the Legislative Assembly are
held every 4 years. Oscar Arias was elected President in
February 1986; approximately 80 percent of all eligible voters
participated. Under the Constitution, the president may not
be reelected. Members of the Legislative Assembly may be
reelected but only after at least one term out of office. The
ruling National Liberation Party (PLN) and the opposition
Social Christian Unity Party (PUSC) control 29 and 25 seats
respectively in the Legislative Assembly. Two rival Communist
parties, which freely participate in the political process,
hold two seats between them.
The 1949 Constitution abolished Costa Rica's standing army.
The country's small security forces are subject to strict
civilian control. Police and national security functions are
shared by the Ministry of Public Security's Civil Guard and
the Ministry of Government's Rural Guard. The Judicial
Police, charged with investigating crimes, report directly to
the Supreme Court. These public security organizations have
not been associated with human rights violations.
The Constitution protects a person's right to hold private
property. The private sector accounts for 70 percent of the
gross national product. The Government is proceeding with
efforts to sell several state companies to the private sector.
Economic growth has resumed in recent years after the severe
crisis of 1980-82. The Government is attempting to control
inflation and unemployment and to relieve a serious housing
shortage.
Costa Rica maintained its excellent human rights record in
1987. The Arias administration has expressed its strong
commitment to the longstanding Costa Rican tradition of
respect for human rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Neither the Government nor any other official entity practices,
abets, or condones political killing, and there were no reports
of such killings.
b. Disappearance
There were no known or reported incidents of abductions, secret
arrests, or persons held clandestinely by any agency of the
Government .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no known allegations of mistreatment. The
Constitution states that "no one shall be submitted to cruel
or degrading treatment or to life imprisonment. A statement
obtained through violence shall have no value." These
prohibitions are respected in practice. Prisoners generally
receive humane treatment in Costa Rica.
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COSTA RICA
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There were no known violations in this area. Warrants are
required for both searches and arrests; the Constitution
requires that an arraignment take place within 24 hours of
arrest. These requirements are strictly enforced. There is
no preventive detention. Persons detained are entitled to a
judicial determination of the legality of the detention. It
is unconstitutional to exile a citizen. There is no detention
for the expression of dissenting opinions. The independent
judiciary is effective in ensuring that legal and
constitutional safeguards are observed.
The Constitution prohibits, and there are no known instances
of, forced or compulsory labor.
e. Denial of Fair Public Trial
The judiciary is widely recognized as fair. Accused persons
may select their own attorneys; access to counsel is guaranteed
and honored in practice. The State provides legal counsel for
those who cannot afford to engage an attorney. The right to
bail is provided for in law and observed in practice; however,
bail is sometimes denied to repeat offenders. There are no
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were no reported instances over the past year of
extralegal invasions of privacy conducted by, or with the
knowledge of, the Government. Warrants are required to search
private homes.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution specifically provides for freedom of speech
and press. These freedoms are fully respected in practice.
Two Communist parties publish weekly newspapers. Three
private newspapers, four private television stations, and
several radio stations pursue independent editorial policies.
The media freely criticize the Government. There is no
evidence of self-censorship or intimidation. Terrorist
activities are fully reported.
Foreign journalists have challenged a law requiring
accreditation by the government-sponsored Costa Rican National
Journalists Association. The Organization of American States'
Inter-American Court of Human Rights declared in 1985 that the
law is incompatible with the freedom of information provisions
of the Inter-American Human Rights Convention. The Government
of Costa Rica has not yet officially responded to the Court's
decision.
b. Freedom of Peaceful Assembly and Association
Constitutional provisions of freedom of assembly and
association are fully respected in practice. The right of
organized labor to associate, as defined by the International
Labor Organization, is fully honored. Unions are independent
of government control and are free to maintain relations with
recognized international bodies such as the International
Confederation of Free Trade Unions.
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COSTA RICA
Procedures for collective bargaining and arbitration of labor
disputes are prescribed in law and followed in practice. The
country's labor code states that when one-third of the workers
in an operation are union members, the employer must conclude
a collective agreement, if requested. The code also permits
employees to set up permanent grievance committees to handle
both individual and collective disputes.
When labor disputes arise within the San Jose metropolitan
area, the presiding judge of the Labor Tribunal attempts to
find a settlement that is satisfactory to both labor and
management. Labor inspectors handle disputes that occur
outside the capital. If conciliation fails, the case is
referred to a labor court which must provide legal sanction
for a planned strike or lockout. Unions have complained that
this process is complicated, time-consuming, and often
fruitless. Public sector strikes are illegal.
In late 1987, a weeklong strike involving three transportation
unions caused estimated export losses of $6 million. Central
issues were wages, retirement benefits, and relations between
labor and management. There were two brief dockworkers'
strikes earlier in the year. Both democratic and Communist
unions frequently displayed their displeasure with price hikes
and delays in salary increases by organizing peaceful
demonstrations .
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and
observed in practice. Roman Catholicism is the official state
religion. However, Costa Ricans affiliated with a wide range
of religious groups participate without prejudice in the
social and political life of the nation. A non-Catholic may
be elected president of Costa Rica. Foreign missionaries and
clergy of all denominations work and proselytize freely in
Costa Rica. There are no restrictions on religious activity.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no unusual restrictions on travel within the country
or abroad. Emigration is not restricted. A citizen's right
of return is ensured. Costa Ricans and foreigners are free to
live anywhere within the national boundaries. Costa Rica
supports multinational refugee programs and has accepted many
refugees from Central and South America. The continuing influx
of Nicaraguan refugees has provoked government expressions of
concern over strains on the economy and social fabric.
The Constitution specifically prohibits the Government from
repatriating any foreigner who may be subject to political
persecution in his own country. Costa Rica has traditionally
granted political asylum to exiled dissident groups of various
political orientations. However, the Civil Guard reportedly
refused entry on October 18 to hundreds of Nicaraguans who
fled toward Costa Rican territory during a Sandinista-staged
family reunion event at the Penas Blancas border station.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Costa Rica is an authentic democracy. The Constitution
provides for a free, open, and competitive electoral system.
Election results are always respected. The integrity of
elections is ensured by the independent Supreme Electoral
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Tribunal. No political party is outlawed or excluded from the
electoral process; no party has dominated the affairs of the
nation; no eligible voter is deterred from participating in
elections; no ethnic, economic,- or other group dominates; no
segment of the citizenry is excluded from the political
process. The Legislative Assembly can and does reject
executive branch initiatives. Citizens can and do petition
their elected representatives for legislative redress and
assistance with government bureaucracies.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no requests for investigation of human rights
abuses in Costa Rica. The country has traditionally been a
strong supporter of international and private human rights
organizations. The Inter-American Institute of Human Rights
maintains its headquarters in San Jose. The Government has
invited the Inter-American Human Rights Commission to visit
the country whenever it wishes.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Costa Rica's population includes some 25,000 Indians, most of
whom live in traditional communities on 19 reserves which,
because of their remote location, often lack access to
schools, health care, electricity, and potable water. The
Government is attempting to improve the quality of basic
services in the Indian communities. Indians participate in
the management of their own affairs through the National
Indian Commission. Nevertheless, some Indian leaders urge the
Government to devote more resources to improving the welfare
of the indigenous population.
The role of women, although still primarily domestic, is
legally unrestricted. Although women and men in general are
paid equally for equal work, women tend to occupy lower paying
jobs. Nevertheless, women are represented in all professions,
in high ranks of organized labor, in the private business
sector, and in the Government. Women and minority groups
participate freely in Costa Rica's elections. The nation's
second Vice President, the Minister of Foreign Commerce, and
the president of the Legislative Assembly are women.
Costa Rica's population of 30,000 English-speaking blacks, who
reside largely on the Caribbean coast, enjoy full rights of
citizenship. The Government has special programs to improve
the conditions of residents of depressed areas as well as
other disadvantaged groups, and does not practice or condone
discrimination in the economic, social, or cultural spheres.
CONDITIONS OF LABOR
The Constitution defines the normal hours of the workday,
remuneration for overtime, days of rest, and annual vacation
rights. It specifies compensation for discharge without due
cause, the right to a minimum wage, and special protection for
women and minors. The minimum working age is 12, with special
regulations in force for workers under 15. A National Wage
Board, composed of three members each from government,
management, and labor, sets minimum wages and salaries for all
sectors. While violations sometimes occur, these regulations
are rigorously enforced.
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The Constitution sets normal work hours at 8 hours for daytime
and 6 hours for nighttime work, with weekly totals of 48 and
36 hours respectively. Ten-hour days are permitted for work
not considered unhealthful or dangerous, but weekly totals may
not exceed 48 hours. Nonagricultural workers receive an
overtime premium of 50 percent of regular wages for work
performed in excess of the daily work shift. Agricultural
workers are not paid overtime if they voluntarily work beyond
their normal hours.
A 1967 law governs health and safety at the workplace.
Industrial, agricultural, and commercial firms with 10 or more
workers are required to have a joint safety committee. The
law allows the Government to inspect workplaces and to fine
employers for violations. However, a shortage of labor
inspectors, especially outside of San Jose, limits the
Government's ability to ensure that minimum conditions of
safety and sanitation are maintained.
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Cuba is a Communist state dominated by Fidel Castro, who is
Chief of State, head of government, leader of the Communist
Party, and Commander in Chief of the armed forces. Supported
by a few long-time associates, Castro controls all aspects of
Cuban life through a network of directorates ultimately
responsible to the Communist Party. The party is autonomous
with self-perpetuating membership. Elections are only held to
endorse party-approved candidates. In theory, the party
determines the political, social, and economic norms of the
country. In reality, basic policies are determined personally
by Fidel Castro. Internal security and conformity are ensured
by the Ministry of Interior, which operates border and police
forces, orchestrates public demonstrations, decides on the
legality of associations, investigates evidence of
nonconformity, regulates migration, and maintains an intricate
system of informers, block wardens, and block committees. The
Constitution states that civil liberties may not be exercised
"contrary to the decision of the Cuban people to build
socialism and communism." Thus, such liberties may be
exercised only to the degree that the State deems expedient.
Although income distribution is more egalitarian than in
prerevolutionary Cuba, the political and military elite live
very comfortably, while the vast majority of Cubans must cope
with severe scarcities of housing, food items, and consumer
goods. Most necessities are still rationed--29 years after
the Revolution--and sometimes are wholly unavailable. Many
consumer items can be acquired, if at all, only at very high
prices in the "parallel market." What private sector remains
is too small to be economically significant. Inefficiency
characterizes the state sector, where the incentive to produce
is conspicuously absent. Cuban citizens are allowed to own
personal property such as homes and automobiles, but cannot
own any means of production in the national economy.
As a result of international pressure and the 1987 session of
the United Nations Human Rights Commission (UNHRC) (where a
motion to investigate Cuba's human rights record was thwarted
by a procedural motion adopted by a margin of one vote), the
Government launched an all-out campaign during the year to
improve Cuba's human rights image. In February, Ricardo
Bofill, president of the officially unrecognized Cuban Human
Rights Committee (CHRC) was permitted to leave the French
Embassy where he had been forced to seek asylum during a
government crackdown on the CHRC during August and September
1986. Some members of the organization who had been arrested
in 1986 were released, and the Government showed more
tolerance for the existence of the CHRC, although still
refusing to allow it to be registered as a legal entity. The
Government also released a number of political prisoners,
including several noted long-term "plantados" (political
prisoners who refuse to accept political indoctrination),
agreed to the processing of several hundred such persons for
entry into tne United States as refugees, and opened a few of
its prisons to limited inspection by foreign journalists and
selected foreign visitors.
Cuba refuses to allow visits by international human rights
organizations and does not respond to their inquiries
regarding human rights abuses and prison conditions. This
refusal, plus the Government's total control of the flow of
information, makes it difficult to obtain precise data,
particularly statistics, about human rights abuses in Cuba.
Political prisoners released in 1987 have reported that the
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r
Government continues serious basic human rights abuses,
including the use of torture, and many political prisoners
continue to be confined in jail after the expiration of their
original sentences. Other available evidence clearly reveals
that widespread violations of basic human rights and
fundamental freedoms continue in Cuba. A report on the human
rights situation in Cuba prepared by the CHRC asserts that
secret executions for both political and criminal offenses,
secret trials, torture and other inhumane and degrading
treatment of prisoners, arbitrary imprisonment, and murder and
brutality by the police continued in Cuba in 1987. Arrests
for political crimes persist; there is no independent
judiciary; free speech is not permitted; all media are under
government coordination and control; the practice of religion
is actively discouraged, its teaching and propagation strictly
limited, and even church publications on religious themes are
not allowed.
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
In the early years of the Castro regime, summary execution of
opponents was a frequent practice, and there are persistent
reports that secret executions, preceded by trials devoid of
due process, continue to be an instrument of policy. The
officially unrecognized CHRC reports that execution for
political crimes continues. Based on incomplete data, the
CHRC has reported that at least 17 men were executed at
Combinado del Este prison between July 1986 and June 1987
after being charged with offenses against the security of the
State.
A later CHRC report cites 5 individuals by name who were tried
in secret for political offenses without any semblance of due
process or effective defense and executed in 1987. This CHRC
report for 1987 states that many others were similarly
executed. The CHRC also names 3 men--and asserts there were
others--secretly executed for common crimes. In addition,
according to the committee, 11 prisoners are currently
awaiting execution including 5 for political offenses.
Prisoners and detainees have died in custody under suspicious
or unexplained c.'. rcumstances . For example, according to his
close associates. Dr. Aramis Taboada, lawyer, human rights
proponent, and one-time associate of Fidel Castro, died while
imprisoned in 1985. His death took place under such suspicious
circumstances that strong doubt exists that it was a result of
natural causes. The death certificate ultimately characterized
Dr. Taboada 's demise as a "sudden death."
The CHRC reports that "by conservative calculation, based on
lists prepared by the Political Presidium of Cuba, from
January 1, 1959 until December 1987, some 36,000 persons,
political opponents of the regime of Fidel Castro, have been
executed by firing squad or murdered at the hands of the state
security police and in the nation's prisons." The committee
names six individuals who were murdered by the police in 1987
and asserts that there were other such cases.
b. Disappearance
The CHRC has reported a number of cases of disappearances in
1987. Persons detained for political offenses are often held
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incommunicado for long periods, and their families are not
informed of their whereabouts. There have been reports that
the bodies of those who are executed or who die in police
custody are sometimes not returned to the families for burial.
The CHRC classifies all those executed for political crimes to
be "missing" or "disappeared" since the "trials in which they
are condemned to death are completely secret; no one has any
word of them subsequent to their arrest; and afterwards, the
families of the victims never receive information regarding
the remains of their loved ones." Specific cases cited by the
CHRC include that of three brothers, Ventura, Ciprian and
Eugenio Garcia Marin, whose mother has been unable to obtain
even minimal information regarding the whereabouts of their
remains. According to the CHRC, the mother of 15-year-old
Owen Delgado Temprana, who was beaten to death by state
security police, has been unable to recover the remains of her
son. In addition, the CHRC report names 14 others who have
similarly disappeared in 1987.
An unknown number of persons have disappeared while attempting
the perilous crossing to Florida in small boats or on homemade
rafts and are presumed dead. While most of these deaths are
likely due to the inherent dangers of the crossing, there have
been unconfirmed charges that the Cuban Coast Guard and Air
Force fire on boats and rafts trying to escape the island.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
While allegations of systematic torture within Cuba's prisons
persist, independent verification remains impossible. Persons
close to the late Dr. Aramis Taboada allege that he was
systematically tortured by Cuban security agents after his
arrest in 1984. These sources state that Taboada was subjected
to periods of confinement in a refrigerated cold-storage room;
was administered electrical shocks; hung by chains from the
ceiling while he was beaten; and tied to a table and stuck
with needles until he lost consciousness.
Long-term political prisoners released in 1987 confirmed the
inhuman conditions in Cuban jails. These former political
prisoners describe such systematic forms of mistreatment as:
beatings by prison officials; inadequate diet; denial of
appropriate medical care; withholding of fresh air and
exercise; denial of family visits and mail, sometimes for
years; and extended periods of solitary confinement or
incarceration in punishment cells. Cuba's treatment of
political prisoners has repeatedly been denounced by the
Inter-American Human Rights Commission, as well as by other
international organizations, such as Amnesty International and
Americas Watch.
Among current political prisoners said to be suffering from
improper medical care are Carlos Cardo Hernandez and Jacinto
Fernandez Gonzalez. Cardo, who is serving a 28-year sentence
for rebellion, is said to have lost a lung as the result of
improper medical treatment. Fernandez, serving 20 years for
espionage, reportedly suffers from ulcerative colitis, cardiac
eschemia, and other conditions. In October 1987, Fernandez
and several other prisoners were reportedly placed in
punishment cells in Combinado Prison for protesting the lack
of medical care.
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CUBA
The CHRC continues to report numerous incidents of torture by
the Government, both as punishment and as a means of extracting
"confessions" from prisoners. The committee cites by name
over fifty prisoners who were tortured in 1987 and asserts
that there is an unknown number of other such cases. Methods
include placing prisoners in "drawers" in freezing cells and
simulating executions.
Former prisoners have reported that cold rooms or refrigerated
cells are located in Villa Marista, Cuban State Security
headquarters. Detainees are said to be placed in these cold
rooms to make them more cooperative during interrogation. One
former prisoner reported that it was nearly impossible to
resist after a few hours of shivering in one of these cells.
Political prisoners who refuse to accept political
indoctrination or to wear the uniforms of common criminals are
known as "plantados" and are subjected to particular abuse.
They are allowed to dress only in pajamas or underwear or wear
no clothing at all. Visits by friends or relatives are
limited to one or two per year, or less, and letters to one
per month.
The Government is also alleged to have placed prisoners with
no psychiatric problems in facilities for the criminally
insane. Left unsupervised, they are often intimidated and
abused by the other inmates. A psychiatrist stated that he
was subjected to such treatment after his arrest in 1982.
On October 29, the European Parliament passed a resolution
which was highly critical of the Castro regime's detention and
treatment of political prisoners. The resolution asserted
that the Cuban Government holds "several hundred" political
prisoners in prison, internment camps, labor camps, and
psychiatric hospitals. The document cited a number of cases
"among the most serious," naming 10 political prisoners, all
of whom have served more than 20 years. The Parliament called
for the UNHRC to draw up a comprehensive report on the
situation in Cuba and urged the Cuban Government to release
its political prisoners.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Arrests can be made by security forces acting secretly and
without warrants. The Law of Penal Procedures requires the
police to file formal charges and place the detainee at the
disposition of the prosecutor within 96 hours of arrest.
Otherwise, the detainee must be released. There were
persistent reports, however, that detainees were held for long
periods, frequently incommunicado, without judicial hearings,
in direct violation of Cuban law. For example, these
procedures were violated in the case of four members of the
CHRC who were arrested in September 1986. They were detained
for many months, but formal charges were never presented, nor
were they brought before a prosecutor.
The same law provides that a person held without charges
beyond the period proscribed by law must be released upon
petition to the court. This right was also violated in the
case of four CHRC members. There are no known cases in which
a detainee has successfully petitioned for release on this
basis .
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Under Article 61 of the Constitution, no legal protection can
be invoked to prevent the State from arresting anyone it
considers harmful to the "decision of the Cuban people to
build socialism and communism." Criticism of the regime or
the practice of an "unrecognized" religion, such as the
Jehovah's Witnesses, can lead to arrest and imprisonment for
counterrevolutionary activity. Antiregime graffiti or even a
simple incautious remark can bring charges of "enemy
propaganda." Such is the case of Jesus Barrios Loaces, who in
1983 was sentenced to 4 years in prison for simply stating in
public, "Viva Reagan."
Andres Jose Solares Teseiro, adopted by Amnesty International
as a "prisoner of conscience," has been in prison since 1981
when he was sentenced to 8 years' confinement, also on charges
of "enemy propaganda." The conviction was based on his
correspondence to several prominent figures abroad asking for
their opinions on his idea of organizing a political party in
opposition to the Cuban Communist Party. Amnesty International
reports that all the documents seized by the Cuban authorities,
which appeared to be the only evidence against him, were
ordered burned after the trial.
There is no bail for defendants charged with crimes against
state security or crimes for which the death penalty or the
maximum prison sentence can be imposed.
Political prisoners are not always released at the end of
their terms. A case in point is that of Juan Martinez Otano.
Martinez was sentenced to 10 years in 1972. He was released
in 1987, after 15 years, with 8 months off for good behavior,
according to his release letter. There were no additional
specified charges or any evidence of a new trial.
Sometimes the release depends on a personal decision by Fidel
Castro, who frequently has used the release of political
prisoners to gain favor with influential foreign visitors or
to put the latter under obligation to "respond" in some manner.
Preventive detention is permitted and routinely practiced in
cases of "dangerousness , " a broad, arbitrary classification
for persons deemed to have a proclivity for conduct contrary
to "Socialist principles." Persons receiving this designation
are subjected to repeated arbitrary arrest and indefinite
detention, often punctuated by brutal interrogation. Charges
of "dangerousness" are often invoked against former political
prisoners to ensure their complete cooperation and obedience
to authorities.
The CHRC reports that among other cases of persons arbitrarily
arrested for "dangerousness" in 1987 were those of Dr. Raul
Alfonso Morejon, a surgeon and former political prisoner,
Grisel Elizonda Mendez , a dancer with the Tropicana cabaret
troupe, and three Amor brothers. The three young sons of
Ramon Amor were imprisoned for "dangerousness" apparently in
reprisal for their father's attempts to be granted asylum in
Switzerland.
The Government commonly detains large numbers of persons
before public celebrations and political events to ensure that
there will be no threat to public order.
In 1981 and again in 1983, the Government promised "amnesty"
to a group of Cubans who had taken asylum in the Peruvian
Embassy during the events that led to the Mariel boatlift in
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1980. (Seeking asylum is a crime under Article 249 of the
Penal Code.) Guarantees that the asylees would be allowed to
depart Cuba were not honored, however. According to reports,
of the 17 persons who accepted this "amnesty," two are serving
prisons terms of 10 years, and none of the others have been
permitted to leave the country. They are not allowed to work,
nor are their children allowed to attend school. Three
asylees still remain in the Peruvian Embassy after 7 years.
In 1987 Cuba withdrew its offer of "guarantees" should they
leave the Embassy, claiming that guarantees were never offered.
In January Cuban authorities forcibly returned Pedro Pablo
Sosa Ortega to Cuba after Ireland denied his request for
asylum during a Cuban airliner's layover at Shannon airport.
Mr. Sosa was reported to have been originally sentenced, after
the February meeting of the UNHRC in Geneva, to 5 years'
imprisonment for an attempt to flee Cuba. Mr. Sosa was again
arrested in August while attempting to flee the island during
a weekend furlough from prison. He is now believed to be
suffering from wounds inflicted by security personnel during
or after that arrest, and is reportedly being held
incommunicado at Combinado del Este prison in Havana.
In May 1987, hundreds of persons were detained in an area of
Havana near the French Embassy after Fidel Castro, in an
interview with the French Communist newspaper I'Humanite, said
that anyone who wished to leave Cuba could do so if the French
Government would grant them visas.
From the late 1960's until the early 1970's, the Government
removed large numbers of families from the Escambray region of
Villa Clara province, then a center of anti-Castro guerrilla
activity, and forcefully relocated them to the town of Ciudad
Sandino in the extreme western end of the island in the
province of Pinar del Rio. For years this was an exile city
whose inhabitants were prohibited from leaving the immediate
region without special permission from the political police.
Although the percentage of exiles has diminished over the
years as the normal population has increased, an unknown
number of persons are reportedly confined to Ciudad Sandino in
a state of permanent internal exile.
While there are no reports of general use of forced labor in
Cuba, students as young as 11 are required to spend from 6 to
10 weeks a year performing agricultural work for which they
receive no wages.
e. Denial of Fair Public Trial
Although Cuban courts are described constitutionally as
"independent," in practice they are totally subordinate to the
Communist Party through the National Assembly of the People's
Power and the Council of State. All civil courts are presided
over by a five-member panel of judges. Three are
professionally qualified; the other two are "workers'
representatives" who see that the "interests of the Revolution'
are protected. People accused of certain counterrevolutionary
activities are tried and sentenced secretly by military
tribunals. There are no known incidents in which the courts
have successfully ruled against the Government in any
political or security matter.
Under Cuba's version of "socialist legality," the right to a
judicial determination of the legality of detention does not
exist; there is no due process or right against self-
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CUBA
incrimination. Confessions are frequently obtained and used
in court, often as the only evidence against the defendant.
Rules of evidence do not meet accepted international standards.
Although defense lawyers are theoretically available to all
defendants, attorneys have been jailed for defending persons
charged with political offenses. One of those attorneys,
Aramis Taboada, as noted above, died in a prison hospital in
November 1985, under suspicious circumstances. At least two
other attorneys, Domingo Jorge Delgado and Francisco Morua,
have been jailed for their efforts on behalf of political
defendants. Under these conditions, it is very difficult for
a political defendant to retain legal counsel. Most must rely
on public defenders. These government employees are generally
ill-prepared and unsympathetic to the plight of their clients.
Even when a lawyer, found independently by the defendant or
his family, is willing to represent a defendant, he is
frequently barred from doing so by judicial officials.
There are no precise figures for the number of political
prisoners in Cuba nor of Cuba's prison population as a whole.
In May 1987, Fidel Castro told foreign journalists that there
were no persons imprisoned in Cuba for their beliefs, although
he said there were about 2,000 "saboteurs, counter-
revolutionaries, and foreign intelligence agents" behind
bars. A Cuban Foreign Ministry spokesman later estimated that
Cuba holds fewer than 800 such prisoners. Amnesty
International reported that it knew of 450 political prisoners
in Cuban jails at the end of 1986. Figures run as high as
those of the CHRC, which estimates that there are over 15,500
persons in jail for political crimes. The great discrepancy
in estimated totals is attributable in part to varying
definitions of political offenses. The CHRC estimate includes
persons jailed for their religious beliefs, convicted of trying
to leave Cuba illegally, convicted of politically motivated
common crimes, conscientious objectors, and persons held on
charges of "dangerousness . " Given a totally controlled press
and judiciary and the Government's refusal to allow
comprehensive prison visits by objective international
organizations, there is no way to verify such widely varying
estimates. Whatever the actual number, it is clear that Cuba
does have a sizable number of political prisoners and holds
them for very long periods of time. The vast majority of them
have been imprisoned for attempting to exercise such
legitimate human rights as freedom of speech, religion,
association, and assembly.
Cuba still holds as many as 80 long-term political prisoners,
known as "plantados" for their steadfast refusal to accept
reeducation and indoctrination. Jailed since the early days
of the regime, a number of these are now in their 29th year of
imprisonment .
In recent years, the Government has released small groups of
political prisoners for purposes of international opinion and
its own political agenda. In 1986 Cuba released about 125
long-term political prisoners, some on requests from the
United States Catholic Conference and French oceanographer
Jacques Cousteau. During 1987 the Government continued to
release some political prisoners and allow their departure
from Cuba. By the end of September 1987, 105 former political
prisoners had traveled to the United States. Many former
prisoners, Cuban human rights activists, and international
observers see this as an effort by Cuba to improve its human
rights image, motivated by a nearly successful effort at the
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1987 session of the UNHRC to call for investigation of human
rights abuses in Cuba. The motion to call for an investigation
was not put to a vote because of a procedural motion against
its consideration which passed by the margin of only one vote.
Discussions between the United States Catholic Conference and
the Cuban Government in May 1987 led to an agreement to release
as many as 350 present and former political prisoners for
travel to the United States. The United States agreed to
accept those that gualified under its refugee guidelines.
Efforts to ensure entry into the United States by most of
those approved, and their family members, by the end of 1987
were hampered by Cuban government slowness in providing the
documentation necessary to ensure that the persons are bona
fide political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Daily life is closely monitored by the Committees for the
Defense of the Revolution (CDR) that exist on virtually every
block in Cuban municipalities, and in which membership is
essentially mandatory. CDR members are expected to report
anything "unusual," including strangers (especially foreigners)
in the neighborhood, reception of foreign radio and television
broadcasts, conspicuous consumption, unauthorized meetings, or
critical comments about the Government.
Few aspects of an ordinary Cuban's private life are free from
state surveillance. Police searches of homes are carried out
without warrants. Telephones are tapped, and mail is opened.
Former political prisoners are especially subject to constant
surveillance and official harassment. In particular, those
who have applied to emigrate are routinely denied ration
cards, identification documents, and employment. Often denied
the means of earning a living, they must rely on the generosity
of family and friends or try to find work illegally outside
the official economy. If they are allowed to work, former
political prisoners are almost always assigned menial tasks.
The families of former political prisoners and of those who
have applied to leave the country also suffer from the general
societal fear of associating with those who have trouble with
the authorities. Such persons are routinely denied higher
education or specialized training with the explanation that
such training will not serve the Revolution. Their school-
aged children are frequently harassed by teachers and school
officials .
Family life is complicated by educational practices which
often separate children from their parents and teach that the
State's interests have priority over family ties. Further
disruption is caused by strong pressures to participate in
"voluntary" Communist Party-related activities. Parents fear
that teaching their children religious practices, even in
their homes, will harm the children's careers. There is a
mandatory requirement for families to send all high school
students, even as young as 11 years old, on annual 75-day
stints of "voluntary work" at remote camps in distant rural
areas. Conditions there are harsh and Spartan, with minimal
food, long hours--as many as 16 a day, 6 days a week, plus a
few hours on Sunday--of hard manual labor, military-like
discipline, and family visits only on Sundays. The children
reportedly are subjected to intensive Communist Party
indoctrination during these periods.
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Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is no freedom of speech or press in Cuba; the media are
controlled by the State and are used for indoctrination and
dissemination of propaganda. They publish or broadcast
nothing that is not in consonance with the party line.
Writers and artists are dependent upon government approval and
support of their work. Nonpolitical poetry and fiction, as
well as other works, are allowed only if they are devoid of
social commentary objectionable to the Government.
Likewise, academic freedom is nonexistent. All educational
and research facilities and personnel are under strict control
of the Government which enforces unwavering adherence to State-
approved subject matter in every respect. Independent academic
thought or practice at variance with the party line is not
tolerated. There is a large audience for the Voice of
America's Radio Marti, although the Cuban Government transmits
an annoying buzz on the same medium wave frequency, and
listening to Radio Marti is cause for suspicion. Non-Communist
foreign periodicals are not permitted.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association are not provided for and,
in practice, are actively discouraged. Any group meeting is
almost certain to be monitored by the CDR or representatives
of state security. All associations are controlled, and most
are sponsored by the party or Government. A few private
associations exist at the sufferance of the Government and at
the personal risk of the members. The CHRC has been denied
permission to register as a legal association. Dr. Domingo
Jorge Delgado was arrested in late August 1986 after he tried
to register the CHRC under the Law of Associations.
Labor does not have the right to organize, bargain
collectively, or strike. A well-established and active labor
movement existing in 1958 was taken over by Communist cadres
who took office even after having been defeated in democratic
union elections. Most leaders of these unions, including
those previously allied with Castro, were jailed. Cuban
workers are required to belong to the officially sponsored
Confederation of Cuban Workers (CTC) . The CTC sends worker
delegates to meetings of the International Labor Organization
(ILO). The CTC is affiliated with the Communist-dominated
World Federation of Trade Unions. It is not an independent
trade union, but rather a mass organization under party
control as established in the Cuban Constitution.
c. Freedom of Religion
Church-state relations are administered by the Religious
Affairs Office of the Central Committee of the Cuban Communist
Party, established in 1985. Despite outward signs of greater
official religious tolerance, Cubans who practice their
religion face serious discrimination and, occasionally, legal
penalties. Religious groups must register with the Government
and be "recognized." The Government has refused to register
the Jehovah's Witnesses as a religious sect. Its buildings
have been confiscated, and many adherents have been jailed for
illegal religious activity.
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CUBA
The Government does not tolerate the beliefs of Seventh-Day
Adventists who object to compulsory work and school attendance
on Saturday. No exception to military service is made for
conscientious objectors. Those who refuse to serve for
religious reasons are jailed. There are reports that they
have been incarcerated for much longer periods than others who
fail to fulfill their military obligations.
Although the Third Congress of the Cuban Communist Party in
February 1986 softened party criticism of religions, openly
religious Cubans are still excluded from all important
positions in the Government and denied advancement in many
fields. Discrimination can be found in the workplace where
the open believer tends to be assigned the most menial jobs
and in institutes of higher learning where believers are
underrepresented in the student body and rarely found on the
teaching staff. Castro has admitted that the regime
discriminates against adherents of religious faiths.
Long-term government and party policies to discourage
religious observance have had a demonstrable effect. The
majority of worshipers are over 50 years of age. Many
churchgoers prefer to attend large downtown churches, hoping
to remain anonymous rather than face their local Committees
for the Defense of the Revolution which monitor attendance at
the few neighborhood churches remaining open. Despite these
difficulties, the Catholic Church reported in 1987 a small
increase in both church attendance and baptisms.
Four Protestant and two Catholic seminaries are allowed to
operate, but religious elementary and secondary schools, as
well as universities, are prohibited, as are church
publications. The Catholic Church has not been permitted to
circulate several thousand copies of the final conference
report from its 1986 national conference. After a hiatus of
more than 15 years, the Cuban Catholic Church was recently
allowed to import 30,000 Bibles.
Clergy and lay officials of Protestant as well as Catholic
Churches are usually allowed to travel abroad on church
matters. International contacts of all Cuban churches,
however, are carefully monitored by the state security
apparatus .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Domestic travel is not restricted by law, and Cubans are
permitted to change their jobs and residences.
Permission is required both to leave and to reenter the
country. Nonofficial foreign travel is generally limited to
rare cases of special humanitarian concern, such as illness in
a family; other exceptions are clergy or lay officials on
church business, women over 60, and men over 65. Even travel
by these last two groups is severely limited. When permission
to travel is granted, a person may remain abroad only for the
limited time specified in the exit permit.
Emigration is strictly controlled, and those who apply to
leave may lose their jobs, houses, and ration books.
Moreover, their children may be refused further schooling. In
some cases, the intending emigrants are physically and verbally
abused. Draft-age males and professionals have reported that
the Government will allow them to emigrate only if they pay
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CUBA
tens of thousands of dollars, ostensibly to reimburse the
Government for the cost of their education. The few people
permitted to emigrate must leave behind almost all their
personal and household possessions. Their houses generally
become the property of the State. Those emigrating were
required to pay discriminatory airfares that were double the
established rate. These payments had to be made in hard
currency obtained from relatives abroad and deposited with the
National Bank of Cuba.
There is no freedom to return to Cuba once a Cuban has taken
up residence abroad. Those who wish to return either
temporarily or permanently must obtain a permanent departure
passport and a Cuban visa.
When permission to emigrate is denied, the Government gives no
reason. Notification of denial is by an official form which
simply states that the request "... cannot be approved since
it is not provided for by the established emigration
procedures . "
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Cuban citizens are not free to change their government. Cuba
is firmly controlled by the Communist Party, which in turn is
dominated by Fidel Castro. Members of the Central Committee
and the Politburo are selected by a narrow circle of party
rulers. Elections simply ratify choices already made. The
National Assembly of People's Power meets briefly twice a
year, solely to endorse decisions already made by the party.
No political opposition is permitted in Cuba. With the
current exception of some Cuban Human Rights Committee
members, dissidents are in jail, outside the country, or
forced to remain silent.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government denies that there are violations of human
rights in the country, but refuses permission for any
organizations to investigate claims of abuses. The ICRC has
not been given access to Cuban jails or allowed to visit
political prisoners. America's Watch, Amnesty International,
and similar organizations have also been refused access. Nor
does the Government honor requests for information on political
prisoners or prison conditions. A representative of the
Council on Hemispheric Affairs was to visit Havana in November
1986, but his visa was abruptly withdrawn when the Cuban
Government learned that one of his purposes was to discuss
human rights.
In October 1987, Fidel Castro told a group of visitors from
the United States that he would never permit any human rights
organization to visit Cuba. He did indicate, however, that
individual members of these organizations might be permitted
as part of delegations visiting Cuba on other matters. In
fact, a representative of America's Watch was included in a
delegation sponsored by the American Bar Association that
visited Cuba in August 1987. The delegation was taken to
Combinado del Este prison and two women's prisons in the
Havana area, although they were not allowed to see the maximum
security areas or the areas for political prisoners.
Similarly, other groups have been allowed tightly controlled
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CUBA
visits to a small number of prisons. These visits have all
been carefully orchestrated to present only the positive
aspects of the penal system.
The Government does not recognize the small, unofficial Cuban
Human Rights Committee (CHRC) and has refused to allow it to
register as a legal association. Its members have been
repeatedly arrested, imprisoned, and subjected to constant
surveillance and harassment when they have been released. In
1980, CHRC president Ricardo Bofill was arrested and sentenced
to 8 years in prison for "enemy propaganda." As a result of
international pressure on his behalf, he was released in
1982. In 1983 Bofill took refuge in the French Embassy in
Havana, leaving the Embassy after the Cuban Government gave
assurances that he would not be arrested. In September 1983,
he was rearrested after speaking to two French journalists and
imprisoned. Following his release from prison in August 1985,
Bofill was kept under close police scrutiny.
In August 1986, fearing that he was about to be arrested and
returned to prison, Bofill again took refuge in the French
Embassy. Also in August, CHRC member Jose Luis Alvarado was
reportedly rearrested, having been released just the previous
May. CHRC member. Dr. Jorge Delgado, was also arrested in
August 1986 after attempting to register the CHRC as a legal
association. In September, 3 members of the CHRC, the only
members other than Bofill who were not imprisoned at the time,
were arrested shortly after the Agence France Press and the
Reuters correspondents filed reports of their interview with a
member of the CHRC. The two reporters were detained and
summarily expelled.
The arrested members of the CHRC were detained for many months
without charges at State Security headquarters, where they
were subjected to brutal and coercive interrogation. One of
them went on a hunger strike and was taken to a military
hospital. A number of international human rights
organizations and concerned individuals urged Castro to end
government persecution of Bofill and to release the jailed
CHRC members. In February 1987, the French Government
received assurances that Bofill would not be arrested and
would be allowed to return to his home unmolested. Bofill
left the Embassy after a stay of 5 months. Three members of
the CHRC arrested in September 1986 were also released from
detention. These events took place just before the UNHRC
convened in Geneva, with Cuban human rights abuses on its
agenda. Elizardo Sanchez, the executive secretary of the
CHRC, was not released until May 1987.
Since the release of Sanchez in May 1987, the Government has
been more tolerant of the CHRC and has allowed it to operate
more openly. In July 1987, Bofill and other members gave
interviews to visiting U.S. reporters, who had received
approval in advance from the Cuban Foreign Ministry. Bofill
and other CHRC members have since met with other foreign
visitors, seemingly without official interference. Many
observers believe that this new tolerance of the CHRC is a
government tactic to improve its human rights image before the
next round of UNHRC meetings in early 1988.
It must be noted that the CHRC remains a small association
whose activities are extremely circumscribed and totally
unpublished within Cuba. The CHRC has no means to disseminate
its reports beyond word of mouth via a small group of
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CUBA
sympathizers, through foreign radio reports such as those
carried on Radio Marti, and its own limited contacts with the
international press.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Although discrimination against women and minorities is
outlawed, few women have held high positions in the
government. There have been some changes in this regard in
the last 2 years. Women now make up 18 percent of the full
and alternate members of the Central Committee of the
Communist Party.
Blacks and other minorities are underrepresented in the top
levels of government. The Government claims that blacks and
persons of mixed race now account for 28 percent of the
membership of the Party's Central Committee. There is one
black among the 14 full members of the Politburo and one among
the 10 alternate members.
CONDITIONS OF LABOR
The standard workweek is 44 hours, which includes 8 hours
every other Saturday. Provisions for worker safety and
control of industrial pollution are inadequate. The minimum
wage is about $150 per month at the official rate of exchange
which substantially overvalues the Cuban peso. Housing and
rationed foods are inexpensive though chronic shortages of
both persist. Medical care and education are free. Workers
receive 1 month of annual vacation. Cubans do not normally
begin working before the age of 17, although under some
controlled circumstances they may begin at 14. Minors under
age 17 are not permitted to work under hazardous conditions or
for more than 7 hours a day or 40 hours a week. However,
students, even as young as 11, are required to spend from 6 to
10 weeks a year performing agricultural work, such as
harvesting crops.
Throughout 1987 Fidel Castro and other senior officials
continued to criticize both management and labor in Cuba for
lack of enthusiasm and discipline, resulting, in their view,
in poor economic performance. Criticism of work standards and
threats of severe punishment accompanied these denunciations
which were termed the "Rectification of Errors" campaign.
Cubans are pressured to "volunteer" to work periodically on
specially designated Sundays, known as "Red Sundays", and to
participate in labor brigades, which Castro has described as
morally superior to material incentives as a means for dealing
with Cuba's economic crisis.
454
DOMINICA
A member of the British Commonwealth, Dominica has a system of
parliamentary democracy dating back to British colonial rule.
The island became independent in 1978. Prime Minister Eugenia
Charles and the governing Dominica Freedom Party (DFP) won the
July 1980 general elections and were reelected to a second term
in July 1985. Both elections were free, fair, and open, and
voter participation was heavy--a tradition in Dominica. The
opposition Democratic Labor Party (DLP) formed a coalition
with a number of smaller opposition groups before the 1985
elections and won 43 percent of the popular vote.
Since the Dominica Defense Force was disbanded in 1981
following two violent coup attempts, the police are the only
security force in Dominica. A small police Special Service
Unit (SSU) has been organized as part of the Regional Security
System of the Eastern Caribbean states. The SSU has been
provided some light infantry training, and a Marine Wing has
been organized within the police force to function as a coast
guard. Both the SSU and the Marine Wing are supervised by the
Commissioner of Police.
Dominica is among the least developed nations in the Eastern
Caribbean. Economic growth and development remain sluggish.
With the assistance of foreign donors, the Government is
encouraging foreign investment and rehabilitating critical
economic infrastructure. Bananas are Dominica's major export
crop, but the Government encourages crop diversification as
well as light manufacturing and agri-business development.
Banana farmers are prospering as a result of a generous quota
from the United Kingdom, but unemployment remains Dominica's
major social problem.
Dominica's human rights record remained good during 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports in 1987 of torture or other forms of
cruel, inhuman, or degrading treatment or punishment. An
independent investigation into the 1981 death of John Rose
Lindsay implicated six policemen in 1985. Lindsay was
believed to be a member of the terrorist "Dreads." Charges
were dropped against three policemen due to insufficient
evidence. The remaining three were tried in 1986 and found
not guilty due to lack of evidence.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution prohibits arbitrary arrest, detention, or
exile. The right to a judicial determination of the legality
of detention is respected. Dominican law requires that persons
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DOMINICA
arrested or detained be charged with a crime within 24 hours
or released from custody. This requirement is honored in
practice. There were no reports of arbitrary arrest or exile
in 1987.
Forced or compulsory labor is not known to take place in
Dominica .
e. Denial of Fair Public Trial
The Constitution provides for public trial before an
independent, impartial court. Criminal defendants are
presumed innocent until proven guilty, are allowed legal
counsel, and have the right of appeal on legal or procedural
matters. However, indigent criminal defendants are provided
legal counsel only in capital cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits arbitrary entry, search, and
seizure. Search warrants are required by law. There were no
reports in 1987 of arbitrary government intrusions into the
private lives of individuals.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution establishes the right of free expression,
which is affirmed in practice. The political opposition
freely criticizes the Government. Dominica's main radio
station and sole television station are state owned. Two
other radio stations confine their broadcasts to religious
programming. The principal weekly newspaper is independent
but generally favors the ruling DFP party.
b. Freedom of Peaceful Assembly and Association
Freedom of association and freedom to assemble are honored
without exception. Opposition groups hold rallies, meetings,
and conventions without hindrance from the Government.
Labor has the right to organize, to bargain collectively, and
to strike. The right to strike is respected in practice. In
1985, the Civil Servants' Union struck, and in 1986 there was
a strike by garbage workers. Labor unions are independent but
are not a significant political force owing to small
membership.
The Banana Growers Association and the Civil Service
Association are strong organizations which play a significant
political role.
c. Freedom of Religion
The population is 80 percent Roman Catholic. The remainder is
largely Protestant, with a small Muslim community and some
Rastaf arians . The free practice of religion is allowed. Two
radio stations are operated by a Catholic and a Protestant
group.
456
DOMINICA
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
These rights are guaranteed by law and generally honored in
practice. However, the Government has prevented the departure
of at least bne group of opposition supporters, who intended
to travel to Libya, by revoking their passports. Under
Dominican law, passports are state property and may be revoked
if subversion is suspected.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Dominica has a parliamentary system of government in which
citizens have clear political choices and opportunities
through free elections to change their government. The
governing DFP and opposition DLP represent a broad political
spectrum. The DFP now holds 17 seats in Parliament and the
DLP 4 .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No international human rights organization has a branch office
in Dominica. The Human Rights Committee of the Dominica
National Workers Union has occasionally published allegations
of human rights violations in Dominica in the past. The union
is not affiliated with any recognized labor organization.
There were no formal human rights complaints during 1987.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution guarantees equal rights under the law
regardless of race or sex. Dominican law does not restrict
the role of women in the nation's public or social life. The
traditional role of women, once limited to the home and to
agricultural work, is changing rapidly as women assume
increasing responsibilities in public and private enterprises,
including the office of Prime Minister. Nevertheless,
religious and social welfare organizations have expressed
concern over the incidence of domestic or sexual violence
against women and children. Government efforts at public
education and awareness to reduce such violence continued in
1987, including a much-heralded police week campaign in
September entitled "Stop Drug and Child Abuse."
CONDITIONS OF LABOR
The legal minimum working age is 14. The standard workweek is
40 hours in 5 days. Workers are given a minimum of 2 weeks
annual vacation. The Employment Safety Act, an occupational
health and safety law consonant with International Labor
Organization standards, was passed in 1984. Occupational
health and safety inspections are carried out under this law.
Firms are notified of deficiencies and given 3 to 6 months to
come into compliance. Inspections are ongoing, but to date
there are no cases of prosecutions or fines under the Act. A
minimum wage of $3.80 per day is set for agricultural workers
only.
457
DOMINICA
Organization standards, was passed in 1984, Occupational
health and safety inspections are carried out under this law.
Firms are notified of deficiencies and given 3 to 6 months to
come into compliance. Inspections are ongoing, but to date
there are no cases of prosecutions or fines under the Act. A
minimum wage of $3.80 per day is set for agricultural workers
only.
458
DOMINICAN REPUBLIC
The Dominican Republic is a constitutional democracy with a
popularly elected president and a bicameral congress. The
Supreme Court heads an independent judiciary whose members are
appointed by the Senate. The military is fully responsive to
civilian authority and committed to the constitutional order.
Parties representing the ideological spectrum from left to
right freely and actively participated in the May 1986 national
elections, the sixth consecutive elections since 1966. The
current President, Joaquin Balaguer Ricardo, was inaugurated
in August 1986; elections are next scheduled for May 1990.
The Dominican Republic has a mixed economy based primarily on
agriculture and services. The Government accounts for 20 to
25 percent of the gross domestic product and controls several
major industries. Historically, sugar has been the principal
export, although both tourism and remittances from Dominicans
abroad now generate more foreign exchange. The country
continues to face the burdens of a weighty external debt,
rapidly-growing population, and concommitant high levels of
unemployment, underemployment, and surging inflation.
During 1987 Dominicans continued to exercise and enjoy the
broad range of human rights provided by the 1966 Constitution.
The political environment remained unrestricted, and
individuals and political groups freely debated and criticized
the Government's policies and programs. Discontent over
increasing prices, wage levels, and deteriorating basic public
services generated a series of popular protests and local
strikes which culminated in a 24-hour general strike on July
28. The conviction of some officials of the previous
administration for corruption generated charges of political
persecution and executive interference with the judiciary.
The Government denied the charges.
A second human rights issue which generated criticism and
allegations of abuse within the Dominican Republic was the
government operation which picked up illegal Haitian residents
and offered them a choice between a contract to cut sugarcane
or face deportation to Haiti.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known cases of government-instigated political
killings in 1987. The January 1985 murder case of foreign
exchange trader Hector Mendez and his chauffeur, in which
there were allegations of government and police involvement,
remained before the courts.
b. Disappearance
There were no credible reports of politically motivated
disappearances in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture, and it is not practiced.
Excesses on the part of law enforcement officials have
occurred, and the press routinely reports cases of alleged
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DOMINICAN REPUBLIC
police abuse. Access to the press by prisoners and their
families encourages the Government to take corrective action.
Government and police officials have indicated a concern to
redress improper behavior by police but have not always
effected the needed changes. As in previous years, there were
several cases in 1987 in which individual members of the
police were accused of beating suspects. In July three police
officers were arrested for the shooting death of a student
during a demonstration in the provincial capital of San
Francisco de Macoris.
The inadequately financed prison system suffers from
unsanitary conditions. Many prisoners remain in prison for
lengthy periods while awaiting trial because of the slowness
of the judicial process.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There are no known instances of arbitrary arrest, illegal
detention, or exile of persons for expressing views contrary
to or critical of the Government. The Constitution stipulates
that suspects may be detained for a maximum of 48 hours for
investigation before arraignment, after which they must be
charged or released. This requirement is generally observed.
Forced or compulsory labor is prohibited by law.
e. Denial of Fair Public Trial
There are no known political prisoners. The Constitution
provides for a public trial. No special court for political
or national security cases exists, and civilians may not be
tried by a military court. Members of the Armed Forces are
tried by military courts, except under specified circumstances
and only after review by a military board. The appeals
procedure, which includes appellate courts and the Supreme
Court, is widely utilized. Court-appointed lawyers normally
are provided at public expense to indigents only in criminal
cases; they are seldom provided in criminal misdemeanor cases
where their provision is at the court's discretion.
Prosecuting attorneys are appointed by the executive branch.
Judges at all levels are appointed and approved by the
Senate. They are nominally independent of the executive
branch and are subject to removal or transfer by a majority
vote in the Senate. Their terms of office correspond roughly
to that of the President and other elected officials, ending
when the newly elected Senate designates their replacements
(or reconfirms them). Judges earn a relatively low salary,
and the fairness and timeliness of some trials have been
subject to allegations of influence and manipulation. There
is a widespread public belief that a number of judges and
prosecutors at the lower court level accept bribes.
The slowness of the judicial system, a problem for many years,
has come under criticism from several sectors. Although the
right to judicial determination of the legality of detention
exists, preventive detention of those awaiting trial is legal
and commonly employed. A recent study indicated that over 85
percent of those incarcerated in the country's prisons are
still awaiting trial, including many who have spent years in
jail .
The prosecution and imprisonment of several members of the
previous administration on a variety of corruption charges was
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DOMINICAN REPUBLIC
accompanied by charges of executive influence over the
judiciary to discredit and politically undermine the
opposition. In addition to charges of political persecution,
there have been criticisms about delays, inflexibility, and
harshness in the judicial proceedings of those accused in
corruption cases, some of whom have been held for 10 months
without bail and without the commencement of their trials. In
December, however, the majority of those former officials
charged in various corruption cases were released on bail.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were no reports of arbitrary governmental interference
in the private lives of individuals or families.
Constitutional safeguards against invasion of the home
normally are observed. A residence may not be searched except
in the presence of a prosecutor or an assistant prosecutor,
excluding cases of "hot pursuit" or in instances where there
is probable cause to believe that a crime is actually in
process in the residence. There were allegations that some of
the illegal Haitians rounded up by the military in November
and December were removed from their homes and forcibly
relocated.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These liberties are provided for by law and are respected in
practice. Dominican newspapers are privately owned and freely
reflect opposition points of view and criticism of the current
Government. The numerous privately owned radio and television
stations air all political points of view. Moreover,
government officials and the media frequently exchange views.
There is no government censorship on political grounds. In
March marshals and police, misinterpreting a court order,
occupied the premises of a television station, owned by a
close collaborator of the previous Government, and began to
seize equipment. The operation was halted by the District
Attorney shortly after it began, but the station's equipment
suffered significant damage. The District Attorney explained
that the marshals misunderstood a court order to freeze the
assets of another company located at the same address and
owned by the same man. Subsequently the President, denying
the Government had prior knowledge of the seizure, ordered an
investigation and reiterated the Government's commitment to
basic civil and political freedoms and human rights.
While customs authorities from time to time confiscate
Communist literature at ports of entry, books of all political
persuasions are readily available for public sale. University
autonomy and -academic freedom are respected by the Government.
b. Freedom of Peaceful Assembly and Association
These freedoms are provided for by the Constitution and are
respected in practice. Outdoor public marches and meetings
require government permits, which are routinely granted.
Indoor gatherings of political parties, labor unions, and
other associations are unrestricted.
Labor unions historically have not played a central role in
the Dominican Republic; less than 15 percent of the labor
force is organized. The trade union movement is fragmented
461
DOMINICAN REPUBLIC
into numerous national labor confederations, most of which are
highly politicized. Moreover, the confederations exercise
only a limited degree of control over their affiliates.
Several of the confederations are affiliated with regional and
international labor organizations. A significant portion of
organized labor is Communist controlled or influenced. The
politically affiliated organizations frequently pursue
partisan political objectives as much as workers' economic
demands. Rising unemployment (nearly 30 percent) and the
nation's weak economy have hampered the growth of organized
labor.
Unions have the right to bargain collectively and to strike
but operate under the handicap of a dated labor code, written
during the Trujillo dictatorship (1930-61). For example,
unions have few rights vis-a-vis management, and there is no
effective protection for organizers or union officials. Labor
leaders and others were freely permitted to organize and
conduct a nationwide general strike on July 28, as well as
other protests. The July 28 strike was essentially peaceful;
however, violence did erupt in several places. One man was
killed in a clash between police and protestors in Santo
Domingo. Protestors blocked some streets with garbage and
burning tires.
Prior to the July 28 strike, summer protests over poor social
conditions and demands for improved public services also
degenerated into violence in some instances. Police and
security forces reacted in a measured fashion in the majority
of such incidents.
Professional organizations of lawyers, doctors, journalists,
and others function freely. Like the unions, these
organizations are free to maintain relations with counterpart
international bodies of diverse political philosophies.
c. Freedom of Religion
Discrimination on religious grounds is prohibited by the
Constitution. There are no religious requirements to hold
public office, no restrictions on the practice of religious
faiths, and no social discrimination based on religion.
However, approximately 95 percent of the population is Roman
Catholic, and the Church's preeminent position, accepted by
the populace at large, is recognized in the Concordat between
the Dominican Republic and the Holy See.
On April 28 and 29, Mormon properties in Santo Domingo and
five other provincial capitals were attacked with homemade
bombs. Church sources reported that there were no injuries
and that damage to the various facilities was not extensive.
The media speculated that these attacks were related to the
22nd anniversary of the U.S. military intervention in the
Dominican Republic.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no unusual restrictions on travel within or outside
the country. Many political exiles returned after a 1978
amnesty, but a specific legal ban on the return of certain
members of the family of Rafael Trujillo, a former dictator,
still exists.
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DOMINICAN REPUBLIC
The status and treatment of Haitians living in the Dominican
Republic have been criticized by the press and private groups,
both in the Dominican Republic and abroad. The Haitian
community of approximately 500,000 is composed mainly of
illegal immigrants. Over the years, many have come on labor
contracts to cut sugarcane. Among Haitians in the Dominican
Republic were 800 persons, mostly opponents of former Haitian
President Duvalier, who had received political refugee status
from the Dominican Government. In addition, there were
another 1,000 de facto (but not officially recognized)
political refugees. After the fall of the Duvalier regime in
February 1986, the United Nations High Commissioner for
Refugees (UNHCR) , in cooperation with the Dominican and
Haitian Governments, arranged to assist refugees, both
registered and unregistered, requesting voluntary repatriation
back to Haiti. In all, since 1986 some 3,000 persons have
been repatriated to Haiti with UNHCR assistance; many more
have returned unassisted. Less than 250 officially recognized
political refugees remain in the Dominican Republic, although
UNHRC officials believe many more might be eligible for
refugee status.
Illegal immigrants are routinely deported under Dominican
immigration law, while those seeking political refuge are not
repatriated if the Government determines that they have a
legitimate fear of persecution. In November and December, the
military engaged in roundups of Haitians allegedly residing
illegally in the Dominican Republic. Several hundred Haitians
were detained and relocated to state-owned sugar mills where
they were allegedly registered and offered a choice between a
contract to cut sugarcane or face deportation to Haiti. It is
not known how many were actually repatriated. A few domestic
human rights groups expressed concern 'that such actions may
have impinged on the legal and human rights of Dominicans of
Haitian descent as well as Haitians residing legally in the
Dominican Republic.
The Constitution requires that all foreigners abstain from
political activities in the Dominican Republic.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Dominican Republic is a functioning multiparty democracy
in which governments are freely elected by the citizenry.
Opposition groups of the left, right, and center operate
openly and participated in the 1986 elections in which nearly
three-quarters of the registered electorate voted, selecting
national, provincial, and municipal office holders. The large
voter turnout and active participation of the three principal
parties (the ruling Social Christian Reformist Party, the
Dominican Revolutionary Party, and the Dominican Liberation
Party), in the Dominican Congress underline the favorable
climate for political pluralism.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The access of international human rights organizations is
unrestricted. Responding to criticism that the Government is
using the courts to persecute members of the previous
administration, the Legal Advisor to the President asserted in
September that international human rights organizations could
visit the country to assure legal due process is respected.
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DOMINICAN REPUBLIC
Private organizations which freely report and comment on human
rights include the Dominican Human Rights Committee, the
Dominican Union for the Defense of Human Rights, and the
National Committee of Human and Labor Rights. These
organizations, as in the past, have criticized the treatment
of Haitian canecutters (both residents and migrant workers) in
the sugarcane fields.
The Dominican Republic participates actively in international
and regional human rights bodies and supports efforts to
promote human rights in international forums.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Sexual and racial discrimination are prohibited by law, and
women's political rights have been recognized in legislation
since 1941. Forty-seven percent of registered voters are
women, and women hold both elective and appointed offices in
the Government. President Balaguer designated women governors
for 8 of the country's 29 provinces. Divorce is easily
obtainable by either spouse, and women can hold property in
their own names apart from their husbands. Nonetheless, women
traditionally have not shared equal social and economic status
or opportunity with men. There is subtle social discrimination
against darker-skinned Dominicans, although this has not
prevented their success in a variety of fields, including
elected political office. Dominicans, for historical reasons
and because of sharp cultural differences, generally are
prejudiced against Haitians. This prejudice carries over to a
minority of Dominicans in the population who are of Haitian
descent .
CONDITIONS OF LABOR
The Dominican labor code prohibits employment of youths under
14 years of age and restricts the nighttime employment of
youths aged 14-18. The labor code also provides that
employees under 18 work no more than 8 hours a day and
specifies that those 18 years and younger may not be employed
in dangerous or unhealthy jobs. In practice, many of the
restrictions in the labor code are ignored, and young people,
including minors less than 14 years old, engage in a wide
variety of work which violates labor regulations.
The labor code establishes that all workers are entitled to 24
hours of rest after 6 days of work; in practice, a typical
workweek is Monday through Friday plus half a day on
Saturday. Safety and health conditions at the workplace do
not always meet acceptable standards. The Government's
ability to enforce all aspects of its labor legislation is
limited by manpower and resource constraints. The existing
social security system is inadequate. In 1987 the Government,
responding to workers' demands, took steps to raise the basic
minimum monthly salary from 250 to 350 pesos (about $62 to
$88) for private sector employees. Some smaller businesses
and agricultural workers are exempt from the new pay scale.
The minimum wage of public sector employees was increased from
250 to 275 pesos (about $62 to $69) with an additional
increase to 300 pesos (about $75) scheduled for January 1988.
There was no contract between the Governments of Haiti and the
Dominican Republic to bring in Haitian canecutters for the
1987 harvest. As in the past, however, human rights groups
and other organizations charged that Haitian laborers in the
464
DOMINICAN REPUBLIC
sugarcane fields were subject to substandard living and
working conditions.
465
ECUADOR
Ecuador is a constitutional republic. The President and
members of the unicameral Congress are chosen in free
elections. Members of the Supreme Court, chosen by Congress,
preside over an independent judiciary. Elections in 1979 ended
7 years of military rule, and since then democratically elected
administrations have governed Ecuador.
Seventeen registered political parties and a free and partisan
press participate in a lively and contentious democratic
political process. A coalition of opposition parties dominates
the 1986-1988 Congress. The first round of general elections
is scheduled for January 31, 1988, to elect the next Congress
and provincial and municipal officials. A second round between
the two leading presidential candidates is scheduled for May
1988.
The President controls the police through the Ministry of
Government. The armed forces exercise no police functions
other than those related to the physical security of their own
installations. In 1987 human rights organizations and
opposition members of Congress publicized several allegations
of abuses by the police and the Ecuadorean armed forces.
Government officials acknowledged isolated incidents but
denied any systematic abuses.
A small group of violent leftists, Alfaro Vive Carajo (AVC) ,
maintains links with the Colombian M-19 guerrillas. During
the police campaign against the AVC in 1985-1986, human rights
organizations charged the Government with unjustified killings
of AVC members and with sometimes employing brutal methods
during arrests and interrogation of AVC suspects. AVC activity
was almost wholly clandestine in 1987. One suspected AVC
member was killed in police action during the year.
Ecuador has an essentially free enterprise economic system.
Petroleum and agricultural exports have financed economic
development during the last 15 years. Government economic
measures have generally favored the industrial and commercial
sectors. The labor movement is small but broad-based and
active. Extensive rural poverty persists, especially among
highland Indians.
Ecuador maintained generally good human rights standards in
1987. The most prominent human rights issues in 1987 were the
treatment of prisoners and detainees, judicial procedures, and
questions of government regulation of the communications media.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no substantiated charges of politically motivated
killings by government forces during the year.
Subversive activity was almost wholly clandestine in 1987. On
April 30, the police stormed an AVC safe house north of Quito,
leaving Salomon Gonzalo Molina dead and capturing several
other persons. Ecuadorean human rights groups charged
excessive police violence. The Government rejected these
charges in its account of the confrontation.
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ECUADOR
In June Eddy Dutan, a young student labor activist, was shot
and killed in Cuenca by an army corporal during a late night
altercation between a group of students and several off-duty
military personnel. Some Ecuadorean politicians and human
rights activists charged that this killing was politically
motivated, but to date these charges remain unsubstantiated.
The corporal involved has not been charged.
Two policemen were detained in 1986 after each had shot and
killed a student taking part in a demonstration. By late
1987, no penal action had been taken against them, and they
remained on the police force, although on administrative
suspension.
Human rights organizations charged that provincial governments
remain indifferent to deaths in disputes over land tenure.
They denounced the alleged killing of six members of the Vera
family by an armed group in El Triunfo, Guayas Province, as
the family prepared to fence off a land claim. They reported
that community leader Jose Sharupi was killed by a policeman
in Paroto Yacu, Pastaza Province, during a land dispute. In
December police accompanied by armed civilians carried out
government orders to expel 600 mining families from a claim in
El Oro Province; the violent confrontations left 2 miners dead,
and others were alleged to be missing.
b. Disappearance
There were no substantiated cases of disappearance attributable
to the Government in 1987.
Human rights monitors decry the Government's lack of public
response to disappearances said to have occurred in 1985 and
1986. They allege the disappearances of three persons detained
by the military in Esmeraldas Province in 1985: Manuel Bolanos
in October, Luis Vaca in November, and Consuelo Benavides
Cevallos in December. They allege the disappearance of two
persons arrested by police in Quito: Jaime Otavalo in August
1985 and Manuel Yanez in May 1986. The Government maintains
that there was no official involvement in these disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited by law. Police reportedly beat suspects
or treat them harshly, usually during initial interrogations.
There also have been reports in 1987 of mistreatment by the
military of prisoners immediately following capture. Although
mistreatment of detainees is not officially sanctioned, human
rights groups maintain the Government is responsible and say
little has been done to reprimand or discourage continuing
abuses. The Government has made no clear statement condemning
the use of excessive force.
Human rights groups and the congressional opposition assert
that 44 cases of torture occurred in the first 6 months of
1987, an increase over the 1986 rate of such reports. They
have published claims that torture caused the death in prison
of Felix Sarmiento in La Troncal, Canar Province, and that
beatings in police detention caused the subseguent death of
Nilo Gamboa Rocafuerte in Guayaguil. Government Minister Luis
Robles testified to Congress in April that security agents had
been detained and an investigation was ongoing in the case of
peasants tortured by police in Canar Province.
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ECUADOR
Air force commandos who killed two bodyguards and held the
President and others hostage for a day in January were said to
have been roughly treated during transfer to detention.
Physicians who examined them shortly afterwards found bruises.
These prisoners were allowed visits by families, medical
authorities, and human rights representatives throughout their
pretrial detention.
Human rights organizations charge that in June 1987 Ecuadorean
military units entered the homes of two families in Santa
Cecilia, Napo Province, and tortured several family members,
including an 8-year old child.
In late September, an opposition congressional deputy scheduled
to question the Minister of Government on human rights issues
was beaten severely by unknown assailants. The Government
denied any responsibility in the matter, and the President
condemned the attack. The perpetrators and motive remain
unknown.
Ecuadorean prison guards sometimes use solitary confinement
and beatings for disciplinary purposes, even though this is
contrary to prison regulations. Prisoners often bribe guards
to avoid punishment and to improve their living conditions.
The congressional Commission on Human Rights (CHR) is studying
draft legislation to improve the penitentiary system and
respect for basic human rights. The lack of funds for reform
is a major obstacle.
Human rights groups maintain that police unjustifiably applied
the so-called ley de fuga (the law of escaping prisoners) on
five occasions in 1987. This practice, unsanctioned by
legislation but permitted in practice, allows police to fire
upon fleeing prisoners. Escapees are generally not armed, and
human rights groups argue that they would normally be willing
to surrender if challenged.
Detaineees under civil control charged with terrorism or
subversion generally have not been mistreated if detained in
Quito, but those detained in the Guayaquil penitentiary often
are treated more harshly. Detainees under civil control are
allowed frequent family visits. The few detainees under
military control are usually held incommunicado and reportedly
have been mistreated.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The law provides for a judicial determination of the legality
of detention. Preventive detention is illegal. The criminal
code forbids isolated confinement for more than 24 hours and
detention without charge for more than 48 hours, but this is
not always respected in practice. Human rights organizations
accuse the Government of continuing illegal detentions of
suspected terrorists and their family members. In February
the Quito Bar Association denounced an increase in illegal
detentions there, often in connection with requests for bribes.
Mayors and municipal council presidents have the constitutional
right to order the release of detainees and do so very
liberally, irrespective of the severity of the charges.
There is no forced or compulsory labor. Forced exile is not
practiced.
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e. Denial of Fair Public Trial
There were no Ecuadorean political prisoners in 1987. In 1986
and 1987 Ecuadorean security forces held under house arrest
three Spanish Basques who had been expelled from France under
suspicion of terrorist activities. Two of the Basques
subsequently were expelled from Ecuador, and one remains under
house arrest.
The Congress elects the Supreme Court and has the power to
impeach judges, to fix the budget of the judicial branch, and
to ratify the Supreme Court's judicial review decisions. From
time to time, the Supreme Court investigates allegations of
judicial inefficiency or improprieties and may remove judges.
Defendants have the right to counsel as soon as arrested.
They can call witnesses on their own behalf, cross-examine all
witnesses, refrain from testifying against themselves, and
appeal sentences to intermediate or higher courts. Although a
public defender system is mandated by the 1979 Constitution,
none has yet been implemented.
The judicial system is inefficient and corruptible, in part
because many judges are inexperienced and poorly paid.
Detainees may wait 2 years or longer for trial, placing
additional burdens on the prison system. According to the
congressional CHR, approximately 50 percent of all prisoners
have not been charged or sentenced. Time spent awaiting trial
is counted toward completion of the final sentence, but some
long-term detainees have been found innocent. Those unable to
afford legal counsel face the longest periods of pretrial
detention.
As in most civil law systems, there is no trial by jury.
Judges play a central role in investigations as well as in
deciding guilt or innocence. The Attorney General, the
Solicitor General, and provincial prosecutors carry out
investigations and prosecutions. These officials also defend
state interests in criminal and civil cases, receive complaints
against judges, conduct fiscal inspections of lower courts,
and provide legal opinions in all court cases.
The autonomous Constitutional Guarantees Tribunal (TGC) is
composed of representatives named by the President, the
Congress, the judiciary, municipalities, business, and labor.
The TGC is empowered by the Constitution to investigate
breaches of constitutional or human rights. The TGC submits
its findings to Congress but has no statutory power to enforce
them. The President has rejected some rulings and as a
symbolic gesture has refused to publish them in the Official
Register. The TGC has focused public attention on human
rights issues by calling hearings, investigating complaints of
abuses, publicly admonishing the President and others, and
requiring government officials, including the Minister of
Government, to answer questions.
Military courts may try only those cases involving infractions
of military regulations or acts against military
installations. After the kidnaping of the President in
January, 90 air force personnel were arrested and investigated
for complicity. Military courts-martial conducted prompt and
thorough proceedings in which 60 men received prison terms and
the remainder were set free.
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ECUADOR
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Police must have a warrant to enter a dwelling except in the
case of hot pursuit. Although the Government generally
respects the sanctity of the home and privacy of
correspondence, at times the police have been involved in
illegal, surreptitious entries. The President of the Congress
criticized recent illegal violations of individuals' homes.
One human rights group claimed that reports received of
violations of homes and private property rose from 18 cases in
1986 to 33 in 1987.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and
expression. The Ecuadorean media are essentially privately
owned and legally free from direct government control. Twelve
daily newspapers, dozens of weeklies, numerous magazines, 10
television stations, and more than 450 radio stations operate
in Ecuador and present a diversity of political opinion.
The media vigorously debate political issues. Opposition
politicians and local human rights observers have accused the
Government of using a variety of pressures to soften or
silence media criticism of its policies. The Inter-American
Press Association (lAPA) has supported some journalists who
complained of official harassment after they criticized the
Government. At its November meeting, the lAPA adopted a
report by the publishers of Quito's major newspapers which
criticized government limitations on press freedom. The
President of Ecuador and the government press service rejected
the report's contentions.
For several years the Government has refused to place official
notices in a leading daily paper critical of the Government.
Since 1984 the Government has prevented the opening of a
television station owned by political adversaries. Despite
congressional exhortations and an adverse court ruling in
1987, the Government persisted in its policy and posted
security forces outside the station to prevent technicians
from entering the transmission tower.
The news director of one television station lost his job
allegedly because of newscasts too critical of the Government.
He maintains that supporters of the Government ransacked his
office and arranged his dismissal from subsequent employment
with a newspaper.
Ecuadorean law prohibits defaming the President. The
Government ordered the closure for 15 days of 3 radio stations
which transmitted recordings of antigovernment remarks by
demonstrators during a general strike on March 25. The
closure order was condemned by the press, the TGC, the lAPA,
and the political opposition as government censorship. The
stations were allowed to resume broadcasting 6 days after
closure. Journalists reported being detained by the police
during the March 25 demonstrations, and some have accused the
police of breaking cameras and exposing film.
After declaring illegal a strike called for October 28, the
Government used emergency powers to prevent newspapers from
470
ECUADOR
publishing comments by strikers or politicians that day and
ordered all radio stations to join a government broadcasting
network. The Government closed 11 Quito stations and several
elsewhere for 24 hours when they refused to join the network.
There is no apparent political censorship of foreign or
domestic books, films, or works of art. There is no evidence
of government interference with academic inquiry.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of free assembly and
association. This generally is observed in practice. Public
rallies require prior approval from local governments, which
is usually granted.
On May 30, the President signed a decree giving the Government
the authority to oversee foundations supported by foreign
political parties. In the following weeks, the Government
investigated foundations associated with two leading
opposition parties. No judicial action resulted from the
investigations .
Opposition parties called for a national strike on October 28
to protest the refusal of the government Minister to leave
office after congressional censure. The President responded
by declaring a 1-day state of emergency, invoking his
constitutional powers to respond to "grave domestic commotion
or catastrophe." Three strike leaders were arrested on the
eve of the strike. The day of the strike passed without any
significant incidents.
Labor organizations represent about 15 percent of the country's
economically active population. The labor movement, organized
into four major confederations and many independent unions,
reflects widely different political orientations and has links
to international labor organizations.
All private sector employees and government blue-collar workers
enjoy the right to organize unions, bargain collectively, and
strike. Government white-collar workers may not strike, and
the Government does not grant bargaining rights to their
unions .
The 50-year-old labor code provides for a considerable
government role in the resolution of labor-management
disputes, especially through conciliation tribunals of the
Ministry of Labor.
Trade union leaders are elected by their membership.
Membership dues of recognized unions are collected by the
Government and given directly to the union leadership. The
Constitution provides for formal labor participation in
government through representation on the executive boards of
several national institutions. Labor leaders meet regularly
with the Minister of Labor and other senior government
officials to discuss current problems.
c. Freedom of Religion
Although overwhelmingly Roman Catholic, Ecuador has no state
religion. Citizens and residents are free to practice the
religion of their choice. The Constitution prohibits the
election of members of the clergy to the Congress, the
Presidency, or the Vice Presidency.
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ECUADOR
Foreign missionaries of many faiths have operated freely in
Ecuador for many years. Radio HCJB, the "Voice of the Andes,"
has functioned for more than 50 years as an evangelical
Christian shortwave radio service supported largely by
contributions from the United States.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
All Ecuadoreans may travel freely at home or abroad.
Persons from other Latin American countries have readily found
asylum in Ecuador. No cases of involuntary repatriation of
persons fleeing political persecution were reported in 1987.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Ecuador is a multiparty democracy with 17 registered parties
representing the full political spectrum. Thirteen of these,
including 2 avowedly Marxist parties, are represented in the
unicameral Congress.
Ecuadoreans 18 years of age and older have the right to vote.
Voting is mandatory for literates and voluntary for
illiterates. Political participation and suffrage are open to
all citizens without discrimination on the basis of sex,
ethnic origin, or socioeconomic status. All citizens have the
right to form and join political parties.
Only certified political parties may present candidates for
election. For certification, an aspiring party must present a
petition bearing a minimum number of voter signatures. Since
the return to democracy in 1979, Ecuadorean politics have been
characterized by strident partisanship and shifting alliances.
Strong political rivalries among individuals and ideological
and regional differences account for much of the rough and
tumble nature of the political process.
The inauguration of the current President in August 1984
marked the first peaceful transfer of power from one
democratically elected administration to another in 24 years.
Midterm congressional elections in June 1986 gave opposition
parties a majority in the 1986-1988 Congress. On a number of
occasions the President and the opposition congressional
majority have traded charges of unconstitutional behavior.
General elections are scheduled for January 31, 1988 to select
final contenders for the Presidency, as well as congressional
deputies, mayors, prefects, and other local officials. The
President, who by law cannot succeed himself, has declared
full support for the democratic process. A final round in
mid-May 1988 is set to elect the next President and Vice
President. Ten presidential candidates representing the
entire range of registered parties were campaigning in late
1987.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government seeks to be responsive to international
inquiries on human rights issues. An Ecuadorean serves on the
Human Rights Committee established under the United Nations
Covenant on Civil and Political Rights and on the United
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ECUADOR
Nations Committee on the Elimination of All Forms of Racial
Discrimination. The Foreign Ministry has an office responsible
for providing detailed replies to queries from outside Ecuador
concerning human rights matters.
Ecuadorean human rights bodies are free to investigate human
rights practices within the country, although there were
occasional accusations of official harassment of provincial
church leaders and some other human rights activists in 1987.
The congressional Human Rights Commission (HRC) , formed in
November 1986, was active in 1987. In April the Minister of
Government testified to the HRC that the Government was
investigating charges of police abuses in Canar Province. The
Minister stated in August that he would endeavor to improve
prison conditions and would seek to reform the penal code and
judicial system, while continuing to respond to terrorist
actions with force.
Representatives of the International Labor Organization's
regional office in Lima travel regularly to Ecuador in order
to consult with government officials on labor policies and
programs .
The Latin American Human Rights Association (ALDHU) is
headquartered in Quito, as is an office of Amnesty
International. Other active human rights organizations
include the Ecumenical Commission on Human Rights (CEDHU) and
the National Human Rights Commission.
During 1987 the Government has been generally unwilling to
engage in substantive dialogue about human rights with private
organizations .
On September 28, Minister of Government Luis Robles was called
before the full Congress to answer six formal queries about
alleged human rights abuses, under a Constitutional procedure
of "political judgment" which empowers Congress to examine the
suitability of high officials for continued service. The
Minister rejected the process of hearings as procedurally
defective and left without addressing the questions which had
been formally notified to him. After a day of debate. Congress
voted his censure and removal from office. The President
refused to recognize the validity of the vote and retained
Robles. In late 1987, a civil suit charging usurpation of
office was pending against Robles.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution prohibits discrimination based on race, color,
sex, language, religion, political, or other affiliation,
social origin, or economic position.
The urban poor are predominantly of mixed race or black. The
Indian population is primarily rural and poor. There is no
overt or legally sanctioned discrimination practiced against
these groups.
The Constitution establishes complete political equality for
men and women. There are few highly placed women in the
political structure. Three of the 71 congressional
representatives elected in 1984 were women; one was elected in
the 1986 midterm election. Several women occupy prominent
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ECUADOR
positions in the present Government, though none at the
ministerial level. A woman is a vice presidential candidate
for a major political party.
Although women still suffer some discrimination under civil
law, in 1987 changes were made in laws concerning divorce,
property distribution, and inheritance which in theory give
women equal rights with their husbands as required by the
Constitution. Women usually receive wages lower than men
employed in similar positions and have less prospect of
advancement .
CONDITIONS OF LABOR
The labor code prescribes a standard 40-hour workweek with
paid annual vacations. Ecuador enforces a minimum wage law.
The wage is not sufficient to support a family; to maintain a
modest standard of living, a family must supplement it with
earnings from other employment.
Employment of individuals under the age of 18, the age of
majority in Ecuador, requires parental permission. This
regulation is generally observed in larger enterprises;
however a large percentage of rural children are active in the
work force.
The labor code mandates safe and healthy working conditions
and holds employers responsible for maintaining such
conditions. The autonomous Social Security Institute is
responsible for monitoring complaints concerning working
conditions and has legal power to enforce compliance. In
general, enforcement is adequate.
474
EL SALVADOR
El Salvador continues to consolidate the democratic system
adopted in 1983 under a constitution drafted by a popularly
elected assembly. The President, Legislative Assembly, and
mayors have been chosen in elections which were pronounced
open and fair by observers from some 40 countries. El Salvador
is preparing for another round of elections for the Assembly
and mayors' offices in March 1988 and for the presidency in
March 1989.
The economy is mixed. Export of major crops and banking are
government controlled, and the price of food grains is
subsidized. The Government continues to implement a major
agrarian reform program. Poor market conditions and continuing
sabotage by a Communist-led insurgency contributed to another
year of very low economic growth in 1987. El Salvador is still
recovering from the devastating 1986 San Salvador earthquake,
with damage estimated at more than $1 billion. Severe droughts
in 1986 and 1987 added to economic woes by causing major crop
damage and a severe shortage of hydroelectric power.
For 8 years, the Government has fought an insurgency supported
by the Soviet Union, Cuba, and Nicaragua. The Farabundo Marti
National Liberation Front (FMLN) , numbering between 6,000 and
8,000 combatants, is formally allied with the Revolutionary
Democratic Front (FDR), itself an alliance of several small
political parties. Human rights in El Salvador have suffered
as a result of this ongoing insurgency. The FMLN/FDR has
continued to rely on the indiscriminate use of landmines,
kidnaping, forced recruitment (including increasing use of
children in combat), machine-gunning and burning of vehicles
on the nation's roads, and generalized economic sabotage, in
addition to attacks on military personnel and facilities.
While abuses continue to be alleged and investigated, the
conduct of the military and security forces continued to show
improvement. The Government does not condone human rights
abuses and is actively seeking to inculcate respect for human
rights throughout society, including at all levels of the
military. The Government's Human Rights Commission (CDH)
plays an important role in this effort. Credible accusations
of human rights abuses and of indiscriminate aerial bombing
were fewer in 1987 than in previous years. Some members of
the armed forces were arrested in 1987 for serious abuses,
although several alleged abuses remained unresolved. The bulk
of politically motivated killings appeared to have been
committed by FMLN guerrillas. The infamous rightwing death
squads which used to advertise their murders in the media have
made no claims of killings since 1984. In June death threats
were issued by unknown persons in the name of a death squad.
The threats were not carried out, and their authenticity
remains in doubt. Some unexplained deaths may still be the
work of extreme rightist elements, but there is no evidence
that the Government is either linked to or condones these
killings .
The internal conflict is a major cause of the continued
displacement of approximately 322,000 Salvadorans from their
homes in conflict zones. As the Government has been able to
restore its authority in contested areas, an increasing number
of the displaced are returning home.
The state of emergency instituted in 1980 expired in January
1987, and all constitutional provisions were restored at that
time. Special military courts established by the now-expired
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EL SALVADOR
Legislative Decree 50 processed captured guerrilla suspects
under the state of emergency. Under interim legislation,
these courts have retained jurisdiction over those persons
arrested during the state of emergency. Guerrilla suspects
arrested since the state of emergency ended are processed
through the civilian criminal courts and have the right to
full due process and constitutional protection. In November
all prisoners held for insurgency-related offenses that
occurred before October 22, 1987, became eligible for the
Government's amnesty program, implemented in compliance with
the August 7 Guatemala accords. All but a handful of
guerrilla suspects, whose amnesty grants h^ve been individually
appealed, were released. Two persons convicted of rightwing
death squad killings were also released.
A large backlog of cases and prolonged incarceration before
trial plague the criminal court system. The Government has
undertaken a comprehensive program to revamp court procedures,
update laws, improve the investigative capacity and training
of judges, and protect witnesses and court personnel from
intimidation. In December the Attorney General established a
new section in his office to concentrate on prosecuting major
human rights cases.
In fulfillment of its obligations under the Guatemala accords,
the Government met with FMLN/FDR leaders in San Salvador on
October 4-5 for the third round of peace talks since the war
began. The two sides agreed to form two joint commissions to
continue discussions on a cease-fire and other steps toward
national reconciliation. An unsuccessful meeting of the
commissions in Caracas on October 21-23 was to be followed by
renewed cease-fire talks in Mexico on October 30. However,
following the October 26 assassination of Herbert Anaya,
director of the proguerrilla Human Rights Commission of El
Salvador (CDHES) , the FMLN unilaterally suspended the talks.
The Government is unwilling to accept FMLN/FDR demands that a
political solution include power-sharing before elections,
territorial demarcation, and integration of FMLN forces into
the army.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The number of deaths reported in the Salvadoran press which
appeared to be politically motivated averaged 28 per month
through June; this compares with a monthly average of 22 in
1986, 28 in 1985, 64 in 1984, and 140 in 1983.
On October 26, the president of the nongovernmental Human
Rights Commission of El Salvador (CDHES), Herbert Ernesto
Anaya Sanabria, was murdered outside his home. Anaya had been
arrested in May 1986 and charged with membership in the
Peoples' Revolutionary Army (ERP) , one of the five guerrilla
factions of the FMLN. He was among 57 prisoners released in
February 1987 in exchange for the former director of civil
aviation, kidnaped 15 months earlier by the FMLN. The
Government promised a full and thorough investigation of the
Anaya killing and assigned it to the Special Investigations
Unit, a U.S. -trained criminal investigations unit under direct
civilian control. A $10,000 reward was offered by the
Government for information leading to the arrest of the
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assailants. On January 4, 1988 Jorge Alberto Miranda Arevalo,
a member of the ERP, confessed to First Criminal Court Judge
Edgar Morales Joya that he had participated in the
assassination of Anaya Sanabria along with two guerrilla
comrades, on the orders of ERP leaders who, he said, suspected
Anaya had become an informant. On December 9, the delegate of
the CDH in San Miguel, Rene Joaquin Cardenas Vargas, was
killed by gunfire as he was leaving his car in front of his
home. Two persons arrested for auto theft in a separate
incident on December 10 have now been charged with Cardenas'
murder, based on forensic evidence. The motive remains
unclear .
Statistics on apparently politically-motivated killings
compiled by the U.S. Embassy during 1987, principally from
reports in the local press but also from guerrilla media and
other publicly available sources, indicate that most were
attributable to guerrilla insurgents. Of the 169 deaths
ascribed to political motives during the first 6 months of
1987, 53 appeared clearly to have been perpetrated by, and
another 81 possibly committed by, the FMLN/FDR. In 7 cases
there was insufficient evidence to designate the likely
assailants. Five killings were attributed to military
personnel. Finally, 23 civilians reportedly killed in combat
action between the two sides are included among the 169
victims .
Collection and classification of information on political
murders is necessarily inexact, and these numbers can only be
interpreted as indicative of trends in violence over time and
for comparison with past reports using the same methodology.
Common criminal deaths, for example, are easily disguised as
political killings by perpetrators wishing to confound
investigators; at the same time, political motivation in other
murders may go undetected, causing them to be classified as
common crimes. Finally, it is likely that the number of
civilians killed in action by both sides in the context of the
armed conflict is somewhat higher than reported in the press.
There continue to be occasional reports of noncombat killings
attributed to members of the armed forces. Five young men
returning from carrying supplies for the guerrillas on May 21
were killed by soldiers of the army's Arce Battalion, and
their bodies were dumped into a well. The soldiers claim they
killed the five in combat, while persons claiming to be
witnesses say the men were murdered after capture. In another
incident, unidentified army troops failed in a June 6 attempt
to kill four farmworkers. Rightwing death squads which
formerly publicized their murders did not claim responsibility
for any killing during 1987, although a heretofore unknown
organization claimed responsibility for the September 24
assassination of a postal workers' union executive. The
executive, however, was reportedly investigating corruption
among postal workers, leaving doubt as to the authenticity of
the claim. The Catholic Church's Tutela Legal attributed 9
killings to rightwing death squads from January to May, as
compared with 42 in all of 1986 and 136 in 1985. Tutela Legal
does not count or consider murders by the FMLN in its death
squad figures and frequently classifies as "death squad
killings" murders that other observers view as criminal rather
than political in nature. It occasionally gives no reason and
provides no evidence for attributing a murder to death squads.
Anonymous death threats against human rights workers continued
in 1987. Members of the CDHES, identified by former guerrillas
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as an FMLN front organization, charged that a group of armed
men attempted on May 30 to break into CDHES offices and
subsequently reported receiving telephoned death threats.
Members of the CDH have also received death threats. On June
15, a person using the name of a notorious death squad issued
a death threat against students and faculty members of the
National University of El Salvador; the threat was never
carried out. The Government and armed forces condemned the
threats and vowed to use the full force of the Government to
prevent a resurgence of death squad activity. A Lutheran
bishop received threats in September. The police offered to
provide protection.
b. Disappearance
Government policy forbids unacknowledged detention by security
or armed services. However, there have been occasional
credible reports of persons taken away by men thought to be
members of the army or security forces, although positive
proof has not been available. Miguel Angel Rivas, a
17-year-old student, was reported to have been picked up by an
Air Force patrol near the Ilopango Air Base on November 29,
1986 and then passed to the National Guard in January 1987.
He has not been found. The families of three young labor
union members who disappeared from Santa Ana city after a May 1
labor demonstration claimed to have been told the three were
picked up by soldiers of the intelligence section of the
Army's Second Brigade. Efforts to locate them have been
fruitless. Salvador Ubau, a university official, disappeared
after being forced into a pick-up truck by armed men in San
Salvador on September 1. The armed and security forces denied
any part in the disappearances, and all these cases were
referred to the civilian Commission for Investigations.
Many persons reported missing by family members and human
rights organizations were found later to have been legally
arrested and duly entered in a security force register of
detained persons. Some persons who desert their families,
emigrate, or join guerrilla ranks are also reported as
disappearances .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Salvadoran security forces are required by arrest
regulations to register detainees and have them examined by a
doctor or nurse upon entry into police facilities. In
insurgency-related cases, they are required to notify promptly
the family of the detainee, Tutela Legal, the CDH, and the
International Committee of the Red Cross (ICRC) of the
arrest. The registration and notification procedures,
together with the official prohibition on mistreatment of
prisoners, have markedly reduced the incidence of torture by
government authorities. The Constitution requires that all
persons arrested by the police be freed or turned over to the
courts within 72 hours. Although this requirement is followed
in the great majority of cases, on occasion arrestees are held
for longer periods, most often when a military unit in the
field is the arresting authority and when battlefield
exigencies preclude the rapid transfer of the arrestee to the
police .
According to the U.N. Special Rapporteur for Human Rights in
El Salvador, physical mistreatment is not systematically
practiced nor condoned by government authorities. He
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considered, however, some reports of mistreatment by individual
personnel to be credible. The number and severity of reported
cases of torture have declined, but allegations of abuse by
the arresting forces continue. Most allegations involve
abuses that leave no marks and thus are extremely difficult to
prove or disprove. Other alleged abuses include deprivation
of food and sleep, threats against the detainee or his family,
prolonged interrogation while blindfolded, being forced to
stand for long periods of time, forced exercise, and blows to
the ears. Some prisoners claim to have been forced to sign
confessions without being permitted to read them. Some
instances of severe beatings, rape, choking, and electric
shock were reported. When a complaint of mistreatment appears
credible, the CDH reports the incident to the commander of the
unit responsible and to the Ministry of Defense.
The Government continued to use disciplinary action to reduce
abuses of authority by the military and police forces.
Between October 1979 and December 1986 over 913 military and
police were disciplined or turned over to the courts for
abuses of authority. More than 130 were similarily treated in
the first 9 months of 1987. Archaic judicial recordkeeping
makes it difficult to determine the disposition of these
cases. Human rights instruction is part of police recruit
training and officers' classes. The CDH, the ICRC, and
Catholic clergy participate in courses on human rights for
police, military, and civil defense personnel. The security
forces instituted a separate intensive human rights training
program for all police.
In recent years, there have been few allegations of
mistreatment of prisoners in El Salvador's prisons. There
were no verifiable instances of torture occurring in the
penitentiaries in 1987. Punishment cells are reportedly
rarely used. In an isolated incident, inmates in Mariona
Prison claimed the guards on August 28 fired into the
cellblocks, causing the wounding of five prisoners by
ricochets. Prison officials say the gunfire came from a
guerrilla attack on the prison. In December two Mariona
inmates died under mysterious circumstances. The first died
of internal injuries allegedly sustained during the time he
was in police custody, prior to his declaration before a
civilian magistrate and transfer to prison pending trial. The
second death occurred as a result of a fall from a prison roof
during the transfer of several prisoners to other facilities.
The authorities claim he allegedly jumped from the building
while attempting to elude security force personnel charged
with effecting the transfer. Some nongovernmental
organizations have alleged that he was thrown or pushed from
the roof. Both incidents are being investigated by the
authorities .
Prison diet is inadequate, and many prisoners must supplement
their diet with food brought by visitors. Some institutions
have insufficient water supplies. Prisoners receive family
and conjugal visits and have access to primary education and
religious services. Many prisoners earn money by making
articles for sale.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The criminal code contains statutes prohibiting terrorism,
insurgency, and other actions against the stability of the
State, and persons arrested under them have the same legal
protection as common criminals. The Constitution permits the
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security (police) forces to hold the arrestees incommunicado
for periods up to 72 hours before releasing them or turning
them over to the courts for a determination as to whether
continued detention is warranted. Arrests without apparent
sufficient cause do occur, but detention beyond 3 days is
rare. An arrestee has the right to have a defense attorney
present after being turned over to the courts. Holding
political views opposed to the Government is not justification
for arrest if the suspect does not advocate violence. The
courts have held that membership in a front organization
controlled by insurgents is not by itself sufficient reason
for holding an arrestee, although membership in one of the
violent guerrilla groups is. From January to August, the
security forces arrested 1,871 persons, including foreign
nationals, for insurgency-related offenses. Of that number,
1,577 were subsequently released by the police or the courts,
183 were bound over for trial, and 111 were hospitalized,
deported, or sent to the juvenile facility. All but 17
persons determined to be held for politically motivated crimes
committed before October 22 or membership in guerrilla
organizations were released from custody in November under the
provisions of the general amnesty.
Salvadoran judges theoretically are constrained legally by
time limits for investigating the case and bringing it to
trial, but in practice these limitations are not followed.
The backlog of cases is one major reason for delay. As a
recourse against illegal detention, the subject can request,
from the time an arrest warrant is issued by a court until the
trial is completed and a sentence is being carried out, that
the Supreme Court review the legal merit of the detention.
This appeal freezes action on the case until the Supreme Court
has rendered its decision.
Insurgency-related cases begun before the termination of the
state of emergency in January 1987 remained in the military
court system. Decree 50, the law detailing procedures for
trying these cases, expired and was replaced by Legislative
Decree 618, a virtually identical statute, to permit continued
processing of pending Decree 50 cases. However, Decree 618
does not apply to new arrests unless a state of emergency is
in place. There was a large backlog of these cases at the
beginning of the year, but the situation changed considerably
after the state of emergency ended, and no new cases were
added. A backlog of more than 1,070 cases was reduced to 557
by September, and in November, most of the remaining Decree
50/618 prisoners were released under the provisions of the
amnesty.
There are no provisions in the law for exile or for the
revocation of citizenship. Some leaders of the FMLN/FDR claim
to be in exile, but it is self-imposed. However, they could
be subject to arrest in El Salvador for membership in guerrilla
combatant organizations if they return. The amnesty law
provided a 15-day period in November during which any
guerrilla could renounce armed conflict, giving those who
claimed to be in exile an opportunity to return without having
to face criminal charges.
The Government prohibits forced labor, and it is not practiced.
e. Denial of Fair Public Trial
Salvadoran law provides that a person accused of a crime may
have a lawyer present after being remanded to the courts. At
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present, court-appointed attorneys are not available to a
defendant until the investigative phase is over and the judge
determines there is sufficient evidence to enter the final, or
plenary, stage of the trial. However, a bill to change the
criminal procedural code to provide counsel from the beginning
of the legal process has been submitted to the legislature.
The defendant has a right to be present in court and to
confront the witnesses against him. All court records of
trials of adults are open to the public unless the judge rules
the case is to be kept confidential. Most major crimes in El
Salvador are tried publicly with a five-person jury. Jury
trials, however, resulted in only a 15 percent conviction rate
in 1987, despite clear proof of guilt against the accused in
many of the acquittals, probably because either jurors feared
later reprisal or hoped for a later reward from the defendants.
This led the Legislative Assembly to pass a law in March to
eliminate jury trials in kidnaping, drug-trafficking, and
extortion cases. Inordinate delays in processing cases,
absences of attorneys, half-day work schedules, the
destruction of many court buildings in the October 1986
earthquake, and defects in the jury selection system result in
an inability of the judicial system expeditiously to process
cases. As a result, only about 10 percent of all prison
inmates are serving sentences; the rest are awaiting
adjudication of their cases. Bail is available for some
offenses but is seldom used. Prisoners are usually
incarcerated for 6 to 18 months between the time they are
charged and the time they are brought to trial, and even
longer waits are common. A bill before the Legislative
Assembly aimed at alleviating this situation will free on
their own recognizance many detainees until trial and will
establish parole for some convicts.
The Government continues to move forward with a comprehensive
judicial reform program, including proposed legislation to
revise portions of the penal, penal procedural, and civil
codes. The Government is also working over the longer term to
overhaul and update the entire system of laws and procedures
in order to produce a modem and efficient judicial system.
One key proposal would establish a judicial career with minimum
requirements for judges at each level of the judiciary.
The Commission for Investigations, consisting of a Special
Investigations Unit (SIU) and a fully equipped and staffed
Forensic Unit, is investigating a number of sensitive cases of
human rights abuse. It has, for example, dedicated a major
part of its investigative capability to investigating the
murder of Herbert Anaya.
The Salvadoran judiciary, the Attorney General's office, and
the Solicitor General's office are independent of the rest of
the Government. Supreme Court justices, the Attorney General,
and the Solicitor General are chosen by the Legislative
Assembly after nomination by political parties. The judicial
branch determines its own budget, which must be approved by
the legislature. A new Attorney General took office in June
and has shown a willingness to prosecute vigorously major
human rights cases stalled during his predecessor's time in
office .
Historically, judicial authority has not extended to the
military officer corps. Although low-ranking military and
police officers have been discharged and turned over to the
civilian courts for trial of criminal offenses, in practice
the officers of the armed and security forces are treated
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differently from other citizens before the law. Judges are
frequently reluctant to bring charges against them, and
colleagues often cannot be relied upon to cooperate in the
prosecution of crimes imputed to a fellow officer.
While numerous enlisted personnel have been convicted, no
military officer has been convicted of human rights violations
in recent years. Several have been incarcerated pending
trial. The October amnesty has been applied to some cases
involving military and security personnel. The judge hearing
each case must decide on the applicability of the amnesty in
individual cases based on the evidence available as of
November 6, although the findings are subject to government
appeal .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government does not arbitrarily interfere in the personal
lives of citizens, although it reserves the right to intervene
when it believes national security is threatened. Both the
Government and the guerrillas use networks of informers. The
security forces need no warrant to use forced entry to carry
out arrests and investigations if they believe they have
sufficient evidence that a crime may have been committed. The
constitutional protection of the inviolability of
correspondence is in full force following the termination of
the state of emergency.
g. Violations of Humanitarian Law in Armed Conflicts
As compared with previous years, few claims were made that the
Air Force engaged in indiscriminate bombing in 1987. Most of
those allegations that did surface proved groundless. Many of
the charges themselves appear to be part of the FMLN's
strategy to manipulate human rights issues and organizations
for tactical military and political purposes. On at least two
occasions, however, the armed forces acknowledged that
civilians were accidentally killed or wounded in aerial
attacks, including an incident in Santa Marta, Cabanas
Department, in which one civilian was killed and several
wounded by a misdirected air strike. Following the guidelines
set by President Duarte in 1984, the Air Force generally
refrained from attacking guerrilla concentrations and
installations when civilians were nearby.
The guerrillas frequently attack economic targets, which
greatly affects the well-being of the population: e.g.,
country-wide transportation stoppages to hinder the flow of
foodstuffs and consumer goods; destruction of bridges and the
telephone and electric power grids; interference with the
production, harvesting, and transportation of major export
crops; hindrance of government sponsored repopulation of
farmlands; and assassination and kidnaping of mayors and other
local government officials. In addition, FMLN guerrillas
mount periodic large-scale attacks against key government
installations. There were no credible reports of government
troops conducting comparable operations, such as burning crops
or forcibly moving inhabitants. The military has on occasion,
however, burned limited areas during military operations in
order to detonate home-made guerrilla mines and thereby
minimize casualties.
Of the killings attributed to the FMLN, many victims were
rural residents who refused to collaborate with the guerrillas
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or were suspected of being government informers. Other
victims were drivers or passengers of vehicles machine-gunned
by the guerrillas during one of the seven "traffic bans"
declared by the FMLN in the course of the year. There are
eyewitness reports of soldiers on leave and civilians being
pulled off buses and executed by guerrillas and of persons
kidnaped by guerrillas who have never reappeared. In January
the bodies of six coffee workers abducted the previous day by
guerrillas were found with their thumbs tied together behind
their backs, hacked with machetes, and shot. In February the
guerrillas announced they had tried and executed three captives
whom they accused of participating in the Government's "United
to Reconstruct" campaign in Usulutan Department. The bodies
were found shortly thereafter. On September 28, FMLN
guerrillas forced the mayor of a small town out of her house
and assassinated her in front of her daughter. On November
12, a Salvadoran employee of the U.S. Embassy was murdered by
an apparent FMLN assassination team.
On October 1, the President of the Salvadoran Trial Lawyers
Association was murdered in San Salvador. There has been
speculation that an FMLN group had targeted him for his role
as management representative in a labor dispute with an
FMLN-controlled union. On October 27, three people were
abducted by the FMLN from a cooperative farm in La Paz
Department, where they were conducting management training at
a cooperative. On December 12-13, guerrillas attacked a
coffee farm in Usulatan, killing 11 farm workers and 4 security
guards. Several of the farm workers died inside a warehouse
the guerrillas had set afire. The latter prevented the farm
workers' escape by firing automatic weapons at the doors.
A major cause of death and maiming is the guerrillas' use of
indiscriminately placed landmines and booby traps. Planted
along farm roads and paths, around guerrilla-downed electric
poles, under railroad tracks, near water sources, in farmlands,
and on coffee plantations to impede the harvest, these
"revolutionary mines" (as the guerrillas call them) killed
some 31 civilians in 1984, 55 in 1985, 62 in 1986, and 31 in
the first 8 months of 1987. From January through August,
another 135 civilians, many of them children, were injured by
guerrilla mines. The military uses mines on the perimeters of
their installations. There have been a few allegations that
these areas were not properly marked, resulting in civilian
injuries .
Instances of military mistreatment of noncombatants and
prisoners occur, as noted above. There is no evidence they
are widespread or that they are condoned by the high command.
The Government does not recognize the insurgency as a
belligerent power and thus does not accord prisoner-of-war
status to captured guerrillas. The armed forces are required
to turn captured guerrillas over to the civilian court system
for criminal prosecution.
In 1987 the FMLN greatly increased the use of children in
combat, and many of them appear to be victims of kidnaping.
Videotapes of an FMLN/FDR clandestine press conference in
Morazan department before the October 4 dialog show numerous
armed 8 to 14-year-old boys keeping guard. A young boy, found
with a pistol in his hand, was among several dead children
left by guerrilla forces after an attack on a government
communications installation in Morazan department on September
30. Still other credible reports were received of children
being kidnaped for forced recruitment into the FMLN and of
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their use as couriers and spotters. According to press
reports, 79 civilians disappeared between January and June,
including nonpolitical disappearances such as lost or runaway
children aged 10 or over. During the same period, the press
reported 249 persons abducted by the guerrillas and 13 abducted
by unknown assailants. A government report gave the higher
figure of 441 persons kidnaped by the guerrillas between
January and July. Both the press and the government figures
show a considerable increase over the 98 recorded for 1986,
attributable primarily to a guerrilla campaign to fill their
ranks by forced recruitment of both combatants and support
personnel .
Col. Omar Napoleon Avalos, the Director of Civil Aviation,
kidnaped by the FMLN in October 1985, was held for more than
15 months until the guerrillas could negotiate what they
considered a suitable exchange. Avalos was freed on February
2 in exchange for the Government's release from prison of 57
FMLN suspects. In the course of 1987, the guerrillas captured
and exchanged or released seven mayors and several members of
the armed forces. Guerrillas keep prisoners with them during
their frequent moves and expose them to the danger of attack
by the military. They often do not permit ICRC visits to
prisoners .
The FMLN claims to respect the physical and psychological
integrity of its captives. Nevertheless, the guerrillas
occasionally torture captives and then kill them. On November
6, the guerrillas abducted three peasants they claimed were
members of the civil defense. The bodies were found the next
day with signs of severe torture. The guerrillas reportedly
perform executions in front of other kidnap victims as a form
of intimidation to persuade the captives to be cooperative.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There are no governmental restrictions on freedom of speech
and the press. San Salvador, a city of 1 million, has five
daily papers, six television stations, and a multitude of
radio stations. There are three major evening and two morning
newscasts, which broadcast live interviews with a full range
of political figures, including guerrilla commanders and
political leaders. Four leading daily newspapers in the
capital are conservative, and they vigorously criticize the
Government. The fifth, while editorially conservative,
reports on the press conferences of FMLN front groups and
carries unedited pieces from the FMLN press agencies Notisal
and Salpress. The views of the radical left continue to be
expressed in a variety of journals, periodicals, newsletters,
bulletins, and paid advertisements in the daily press, as well
as television and radio interviews. The openly pro-FMLN/FDR
National University of El Salvador and the leftist, Jesuit-run
University of Central America publish weekly supplements in
one of the major dailies. Commercial radio stations
frequently repeat reports broadcast by clandestine guerrilla
radio stations. The Government owns no newspapers, but runs
one radio station and two television stations with identical
programming. The Army operates another radio station, which
focuses on Latin music, sports, and pep talks to the troops.
An 8-year-old decree forbidding publication of anonymous
communiques remains in effect and is largely observed by the
media. When it has been violated, the Government has taken no
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action against the reporting media. Academic freedom is
protected by the Constitution and respected by the Government.
b. Freedom of Peaceful Assembly and Association
Any association not formed for criminal purposes is legal and
permitted in El Salvador. Political, professional, religious,
labor, and social organizations operate openly and freely.
Various groups criticize the Government from both the left and
the right, holding marches and demonstrations without
interference from the Government. On January 22, the private
sector called a shutdown to protest government economic
policies. An estimated 90 percent of the businesses in San
Salvador closed their doors. Marches by labor, displaced
persons, and human rights front organizations of the FMLN are
frequent. On October 3-5, some 2,500 persons, led by FMLN
front groups, gathered in the vacant lot across the street
from the Papal Nunciature to express their solidarity with the
FMLN/FDR delegation during the dialog with the Government.
The Constitution provides for the right of private sector and
autonomous public institution employees to organize unions,
bargain collectively, and strike. Under the antiquated labor
code, however, the bureaucratic procedures required before a
union can legally strike make such action extremely
difficult. The labor code requires that labor disputes go
through protracted stages of direct bargaining, conciliation,
and arbitration before a strike or lockout can be declared.
The law states that strikes may be called only to demand the
implementation or review of the collective bargaining
agreement, or in the defense of the common interests of the
workers. A majority of the workers must agree before a strike
is called. Unions often ignore these requirements, and many
strikes are declared to be illegal. The labor ministry
oversees the implementation of collective bargaining
agreements and serves as conciliator in labor disputes in the
private sector and in autonomous institutions. Government
employees of nonautonomous public institutions are prohibited
by the Constitution from forming unions and striking, but most
of these employees are represented by associations which, in
fact, act as unions by bargaining collectively and calling
work stoppages. Salvadoran unions draw up their own charters
and elect their own officers. The Government has not acted
upon a proposal which would extend collective bargaining
rights to peasant organizations. Labor unions participated in
numerous marches and demonstrations, both for and against the
Government throughout 1987, often in cooperation with other
nongovernmental organizations.
Unions may join national and international federations. Part
of the democratic trade union movement is affiliated with the
International Confederation of Free Trade Unions, while
Christian Democratic unions are affiliated with the World
Confederation of Labor. Some leftist unions maintain
association with the Communist-dominated World Federation of
Trade Unions.
c. Freedom of Religion
Freedom of religion is provided for by the Constitution and is
respected in practice. Although the country is predominantly
Roman Catholic, an estimated 20 percent of the population
subscribe to other faiths, mainly Protestant Fundamentalists.
Foreign and Salvadoran missionaries operate freely and without
harassment. Church members and employees, both Catholic and
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Protestant, have on occasion been arrested, but these arrests
were unrelated to the person's religious beliefs or activities.
The Catholic Church continues to be one of the most influential
institutions in the country. The Archbishop's Sunday homily
is broadcast live from the Metropolitan Cathedral on one of
the Government's television stations and on radio. The
Archbishop was officially appointed as mediator in the dialog
between the Government and the guerrillas. Church publications
disseminate the church's position on human rights and the war.
Church statements have become increasingly critical of the
leftist insurgency, but the church has not hesitated to
criticize the Government.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
With the expiration of the state of emergency, constitutional
protection of the right of free movement is in force.
Nevertheless, local military commanders have denied entry to
areas where military operations are under way and require that
foreign visitors receive permission before entering combat
zones. The Government instituted a requirement that all
foreign visitors obtain a Salvadoran visa before entering the
country. On occasion it ordered out of the country foreigners
who it considered had involved themselves in internal
political affairs.
An estimated 322,000 people are displaced within El Salvador
by the conflict, primarily from the northern and eastern zones.
Another 167,400 are refugees in other Central American
countries and in Mexico, and more than 500,000 are estimated
to be illegal immigrants in the United States. As the level
of violence falls, an increasing number of refugees are
returning from abroad. More than 4,833 had already returned
from other Central American countries since 1984, according to
the U.N. High Commissioner for Refugees; on October 10,
another 4,300 chose to leave the Mesa Grande refugee camp in
Honduras, where some had been living since the beginning of
the war, to return to their homes in El Salvador. The
Intergovernmental Committee for Migration (ICM), which met and
maintained contact with some 9,530 returnees between December
1984 and December 1986 and continued to meet Salvadorans
deported from the United States in 1987, reported no evidence
of government harassment of individuals returning to El
Salvador from abroad, either from the United States or
elsewhere. The Government imposes no control on emigration
and cooperates with international organizations that arrange
Salvadorans' emigration to other countries.
El Salvador has registered some 200 Nicaraguan refugees,
although officials estimate there may be up to 1,000 residing
in the far southeastern part of the country. Those refugees
who are registered are free to travel within El Salvador.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
El Salvador is a representative democracy. The governing
Christian Democratic Party (PDC) enjoys a 33-seat majority in
the 60-member Legislative Assembly. In addition to one
independent member, four other parties are also represented in
the Assembly. Legislators are elected for 3-year terms. In
preparation for the 1988 legislative/municipal elections and
the 1989 presidential election, the Central Elections Council
(CCE) created a new voter registry and began distribution of a
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new voter's registration card to safeguard against fraud. The
CCE, composed of one representative of each of the three major
parties — the PDC, the National Republican Alliance (ARENA),
and the National Conciliation Party (PCN)--is also drafting a
streamlined electoral law to present to the Assembly. The PCN
presented its draft of an electoral reform law to the
Assembly, which is now studying it.
The Constitution allows the participation in the electoral
process of all political parties that do not advocate armed
opposition to the Government and protects the right to
membership in any legally recognized party. Although the
National Revolutionary Movement (MNR) is a member organization
of the FDR, the MNR remains a legally recognized party. The
Popular Social Christian Movement (MPSC) , though never
inscribed as a legal party, has resumed political activity
inside El Salvador, and its self-exiled Secretary General
Ruben Zamora has publicly stated he will return to El Salvador
permanently to participate in political activities. In 1987
two new political parties, the Social Democratic Party (PSD)
and the Liberation Party (PL), were inscribed as political
parties and will participate in the upcoming legislative and
mayoral elections. On November 29, the PSD formally signed an
agreement with the MNR and the MPSC to form the "Democratic
Convergence." This new organization has not decided whether
it will contest the elections, although it could do so using
the PSD's inscription.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government continues to be receptive to visiting groups
interested in human rights. High-ranking government officials
and military officers have briefed and been interviewed by
U.S. Congressmen, church and labor groups, and others.
Americas Watch maintains an office and a part-time
representative in San Salvador. The ICRC has an agreement
with the Government that permits it to work in the conflictive
areas to assist noncombatants and to make confidential reports
to the Government on human rights issues. The ICRC, Tutela
Legal, and the CDH groups are permitted visits to prisons. An
Amnesty International delegation visited the country in March
and met with a variety of groups. The U.N. Special Rapporteur
on Human Rights in El Salvador made his seventh annual visit
to the country from September 25 to October 5, during which he
met with government representatives, including President Duarte
and the military high command; visited prison inmates; spoke
with representatives of the Catholic Church and official and
unofficial human rights organizations; and conducted personal
interviews .
Domestic human rights organizations active in El Salvador
include the governmental CDH, an agency which investigates
complaints of human rights abuse by the Government and the
FMLN, and Tutela Legal of the Catholic Archdiocese of San
Salvador. The nongovernmental Human Rights Commission of El
Salvador (CDHES) , the Committee of Mothers of Political
Prisoners, Disappeared and Assassinated of El Salvador
(CO-MADRES) , and the Christian Committee for the Displaced
(CRIPDES) have been exposed by guerrilla defectors and
captured documents as political fronts of the FMLN. These
groups report only on perceived abuses by the Government and
refuse to investigate, acknowledge, or even record human
rights abuses by the FMLN. Many of the government abuses they
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EL SALVADOR
report, moreover, appear to be fabrications. They continue to
operate freely, although some individual members were arrested
during 1987 and charged with guerrilla membership or
activities .
The CDH receives testimony about human rights violations,
conducts investigations, visits arrested persons, and reports
to the local commanding officer and the Ministry of Defense
when it discovers a case of abuse. Its doctors examine
detainees to determine the validity of complaints. The CDH
keeps a register of persons injured by landmine explosions and
is working in conjunction with aid organizations on a project
to register civilian amputees and provide them with prosthetic
devices .
Tutela Legal's staff visits persons detained by the security
forces, carries out some on-site investigations, receives
testimony about human rights violations, and uses the press as
a major source for its monthly reports. Tutela Legal's
methodology in interpreting its statistical information,
however, casts doubt on the organization's findings. Tutela
Legal frequently counts victims as civilians even when they
may be guerrillas, as noted by the UN Special Rapporteur in
his 1986 report.
In March a new human rights organization, the Salvadoran
Association for Human Rights (ASPRODERH) , was founded by a
group of FMLN defectors who had worked in the CDHES and
CO-MADRES on behalf of the FMLN. The ASPRODERH founders
stated their intention to have the organization fill the human
rights middle ground between the Government's Human Rights
Commission and the various pro-FMLN groups.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
El Salvador is ethnically homogeneous, and few ethnic Indians
remain. There is no official discrimination against Indians,
but there have been disputes over Indian land ownership.
Under the Constitution, women enjoy the same legal rights as
men. Although women are represented in all three branches of
government, in business, and in the professions, their numbers
are limited by cultural constraints. In the armed forces,
women serve as nurses and in administration and intelligence;
the security services have a limited number of policewomen. A
high proportion of women in the lower economic strata are
heads of single parent households, often providing for large
families. In general, women tend to occupy jobs at the lower
end of the economic scale, and outside the Government, women's
wages tend to be lower than those of men for equivalent work.
CONDITIONS OF LABOR
The Constitution permits employment of children under 14 years
of age only when their employment is necessary to provide for
their own or their families' subsistence. Children under age
18 are prohibited from working at night or in dangerous
occupations. In reality, however, teenage and even younger
children work long hours. The minimum wage applies to persons
working at least 5 hours a day and is equivalent to about
$3.00 per day. In practice, most workers are paid more than
the minimum wage. The law entitles them to 15 days of annual
paid vacation and extra pay for working at night or for more
than 44 hours a week. Persons working less than 5 hours per
day receive a proportion of the minimum daily wage equivalent
488
EL SALVADOR
to the hours worked. The law also requires that those paid by
piecework or commission receive a salary at least equivalent
to the minimum wage. The minimum wage for farm workers is
equivalent to about $1.60 per day plus food. Most farm
workers receive only the minimum, but piece rates paid at
harvest time net workers triple or quadruple the minimum
wage. The Government requires that work sites be safe, and
that drinking water, toilets, and adequate ventilation be
provided workers, but enforcement is inadequate.
489
GRENADA
Grenada is governed under the parliamentary system inherited
from the British, which was suspended in 1979 by the Marxist
People's Revolutionary Government (PRG) and then restored in
October 1983. The New National Party (NNP), which won 14 of
15 parliamentary seats in free and fair elections in 1984,
continues in power but with a reduced majority as the result
of the defections of five of its members. These defections
were followed in 1987 by the establishment of a new national
opposition party, the National Democratic Congress (NDC) ,
composed of the five defectors plus the original one
opposition parliamentarian.
In 1985 Parliament restored the 1974 independence Constitution
and legitimized the court system inherited from its
predecessors, who had ruled by decree. Political and civil
rights are provided for by the Constitution, although the
Emergency Powers Act of 1987 gives the Government authority to
suspend most civil rights should the Governor General declare
a state of national emergency. The spectrum of political
parties ranges from the moderate NNP and the NDC to the
Marxist Maurice Bishop Patriotic Movement (MBPM) , organized by
the pro-Bishop survivors of the October 19, 1983 anti-Bishop
coup, and the Grenada United Labor Party (GULP) of former
Prime Minister Sir Eric Gairy.
Since the fall of the PRG in 1983, the country has enjoyed
healthy economic growth and a decline in inflation. The
Government continues to provide greater freedom for persons to
pursue economic goals by eliminating or reducing controls on
wages, prices, and foreign exchange, and by encouraging
private investment.
Security in Grenada is maintained by the Royal Grenada Police
Force (RGPF), which includes a 75-man paramilitary Special
Services Unit (SSU) and a 30-man coast guard unit.
Grenada's overall human rights record remained good during
1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no reports of politically motivated disappearances
or abductions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution specifically prohibits torture. There were
no reported incidents of torture in Grenada in 1987. There
have been press reports of isolated incidents involving the
use of excessive force by the police, but no formal complaints
have been filed. Prison conditions are humane.
490
GRENADA
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There were no reports of arbitrary arrests. According to law,
Grenadian police have the right to detain individuals "on
suspicion" without a warrant, but formal charges must be
brought within 48 hours. This time limit is adhered to in
practice. If the detainee is not charged within this time, he
or she must be released. In 1987 no one was detained for
political reasons.
The law provides for a judicial determination of the legality
of detention within 15 days after arrest on a criminal charge.
Formal arraignment or release of the arrestee must be
determined within 60 days. These procedures were generally
followed.
There is a functioning system of bail, although those charged
with capital offenses are not eligible. Persons charged with
treason can only be accorded bail upon recommendation of the
Governor General.
No Grenadian citizen was exiled in 1987. The Constitution
specifically prohibits forced labor and no such incidents were
reported in 1987.
e. Denial of Fair Public Trial
Grenadians have the right to fair public trials under law and
in practice. Those arrested and charged are brought before an
independent judiciary and are allowed access to a lawyer of
their choice. For capital crimes, the courts appoint lawyers
when the accused cannot pay for his defense. In other cases,
the defendant is assigned counsel if the case reaches the
appellate stage. Following a determination by a judicial
hearing that there is sufficient evidence to substantiate a
criminal charge, the defendant is remanded for trial. Due to
the backlog of cases caused by a lack of judges and facilities,
a significant amount of time can pass before those charged are
brought to trial.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There is no arbitrary interference by the state or any
political organization in the private life of individuals.
Warrants for searching homes are normally reguired by law
except in cases of "hot pursuit." In practice, warrants are •
obtained in the majority of cases before a search is conducted.
There is no forced membership in any organization and no
arbitrary monitoring of telephones or correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is provided for by the Constitution
and freely exercised. There are five weekly newspapers, plus
several other papers which are published irregularly. Most of
the papers are affiliated with political parties, but the two
most widely circulated newspapers are independent. Flyers are
occasionally distributed by remnants of the Revolutionary
Military Council and the New Jewel Movement.
Grenada has one government-run radio station as well as a
nascent television broadcasting system being organized by a
491
GRENADA
U.S. -based private foundation with the cooperation of the
Grenadian Government. Its growth has been hampered by
technical and financial constraints, as well as difficulties
in obtaining qualified staff. The future of the television
facility is still under discussion between the foundation and
the Government.
During the 1987 Carnival celebrations the Government
instituted a Calypso Censorship Committee to censor calypso
songs submitted for airing over the government-controlled
radio station. The committee was asked to eliminate those
which were vulgar, libelous, or which contained "politically
sensitive matters that cannot be substantiated." Only those
submitted for broadcasting were subject to review by the
committee. The creation of the committee drew criticism from
the print media and the Grenada Calypso Association, which
feared the criterion regarding "politically sensitive matters"
would allow the committee to refuse to air any calypso
critical of the Government. In fact, only three calypsoes
were ultimately banned, all because of vulgar lyrics.
Antigovernment calypsoes were heard regularly over the radio
during the Carnival season and continue to be aired. The
Committee no longer meets, and it is not clear whether or not
it will be reinstituted during next year's Carnival season.
b. Freedom of Peaceful Assembly and Association
Grenadians enjoy the right to assemble for any peaceful
purpose, including the public protest of policies or actions
of the Government. Supporters of political parties, including
those which were in power prior to October 1983, meet
frequently and hold public rallies. There are no controls on
private or public associations, and permits are not required
for public meetings.
Workers are free to organize independent labor unions and to
participate in collective bargaining, and union leaders play a
significant role in the political process. Local Labor
Ministry officials estimate that approximately 25 percent of
the total work force is unionized, although this figure may be
low. Workers can and do strike in the public sector legally
if they give advance notification. In 1987 all unions were
free of government control, and none was given government
support .
c. Freedom of Religion
The Roman Catholic and Anglican faiths predominate, but there
are many Presbyterian and Methodist as well as Evangelical
church members. In addition, there is a small Baha'i
community and an Islamic center which serves the Muslim
community. Complete religious freedom extends to the
Rastaf arians, who were harassed under the PRG regime. Clergy,
including missionaries, travel and prosyletize freely. No
apparent advantages or disadvantages are conferred by
adherence to a particular faith, although Christian prayers
and hymns form part of many governmental and political
meetings .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is freedom of movement within Grenada and, in principle,
the right to enter and leave is guaranteed to all Grenadian
citizens. However, a government-sponsored law, the "Act to
492
GRENADA
Restrict the Freedom of Movement of Certain Persons," was
passed in 1986. The law allows the Minister responsible for
national security to restrict travel out of Grenada of "any
person whose aim.s, tendencies, or objectives include the
overthrow of the democratic and parliamentary system of
government." The law allows anyone so restricted to appeal
after 3 months to a three-man tribunal, headed by a lawyer.
The law was enacted after the Grenadian Appeals Court upheld a
government action withholding the passport of a former member
of the PRG who sought to leave the country in 1985. There
were no reported cases of this law being applied in 1987.
Against considerable opposition, in 1987 Parliament passed the
Emergency Powers Act (EPA) which gives the Government the
authority to suspend some civil rights should the Governor
General declare a state of national emergency. According to
the EPA, the Governor General may declare a state of emergency
whenever the State is "immediately threatened by any person or
body... so as to be likely to endanger the maintenance of
public order or the defense of the State...." Under the
provisions of the Act, declaration of a state of emergency
empowers the Government, among other things, to control
transport, communications, and resources; to ban free
association and public assembly, impose curfews and otherwise
restrict the movement of persons and the use or possession by
persons of any specified article; make arrests without
warrants and detain, deport, or exclude persons from the
State; and appropriate privately owned property except real
estate.
The present Government argued in Parliament that Canada and
the United Kingdom have similar legislation, and that the EPA
represents part of an ongoing law reform program aimed at
reinstituting measures needed to protect society. The
opposition countered that the United Kingdom and Canadian
parliaments cannot be compared to Grenada's due to its much
smaller size, lack of dissenting backbenchers, and multiple
ministerial portfolios. Oppositionists also argued that the
Grenadian populace is not as well informed as its United
Kingdom and Canadian counterparts and also complained that the
sole radio station is government controlled. The Act has
never been implemented.
No one was forcibly repatriated to Grenada in 1987, and there
were no official applications for refugee status. The Baha ' i
community includes Iranians who left their homeland to escape
persecution. Work permits are granted to them, and they are
allowed to practice their religion freely. The Government has
allowed students and others to return from Cuba and other
Communist countries.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution provides for free and fair elections to be
held at least every 5 years. The majority party in Parliament
is the New National Party (NNP) under the leadership of Prime
Minister Herbert Blaize. Formed by the union of three parties
to contest the December 1984 elections, the NNP won 14 of the
15 parliamentary seats in an election in which 85 percent of
the voters participated. The NNP ' s majority was reduced to 12
of 15 seats after the resignation of two members in 1986, and
further defections in 1987 left the NNP with a 9 to 6 majority.
Local government elections promised by the NNP in the 1984
campaign remain a topic of public debate but have yet to be
493
GRENADA
implemented. Other parties actively espouse their views and
seek support from the electorate.
The political system is not dominated by any particular ethnic
group, nor are there any restrictions which limit participation
of any elements of the Grenadian population.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The present Government has welcomed visits of several human
rights organizations in the past and cooperated with an
Amnesty International visit in November 1987.
There are no active internal human rights organizations in
Grenada .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination in health care, employment, or education is
virtually negligible in Grenada, although there have been some
reported incidents of unofficial job discrimination against
Guyanese and other foreign-born residents.
Women frequently earn less than men performing the same work
and tend to occupy jobs which pay less. Wage differences are
less prevalent for more highly paid jobs, but there are fewer
women in such positions. A notable exception is the civil
service where women account for a substantial percentage of
the work force. There are two female junior ministers.
CONDITIONS OF LABOR
There is no effective regulation of work hours, wages, or
occupational safety standards. However, normal work hours
rarely exceed 40 hours per week; the Government's own wage
rate and vacation allowances are comparable to those in the
rest of the Eastern Caribbean; and common law allows employers
to be sued for negligence. Many minors work in family-run
shops and farms, but employment of children under 16 in
Grenada's relatively small industrial sector is prohibited by
statute .
494
GUATEMALA
Following open and free elections of the President, federal
deputies, and local mayors in 1985, Guatemalan democracy
continued to take root during 1987. Fewer human rights
violations were reported, and the Government improved its
capacity to investigate allegations of abuses. In particular,
politically motivated killings and kidnapings in 1987 occurred
with much less frequency than in the early 1980's. The United
Nations Human Rights Commission (UNHRC) adopted a resolution
in March 1987 recognizing the progress made by the Government
in protecting human rights. The U.N.'s newly-appointed expert
for advisory services visited Guatemala in September. Efforts
continued by private Guatemalan citizens to have those
responsible for past disappearances punished.
The Marxist guerrilla insurgency, which has lasted for two
decades, continued to decline. In October direct talks were
held in Madrid between government officials and representatives
of the guerrillas. A large public employees' strike during
the spring and a major business shutdown to protest tax
legislation in October were both resolved through dialog and
without violent confrontation.
The National Police are no longer under military control
following their transfer to the Ministry of Interior in 1986.
In 1987 the National Police improved their effectiveness and
initiated proceedings against members accused of having
committed criminal acts. Three hundred and sixty policemen
were fired for criminal actions. Standards for recruitment to
the force have been raised.
Although suffering from a recession since the early 1980's,
Guatemala stabilized its economy and achieved modest growth in
1987. Distribution of wealth in Guatemala is badly skewed.
The Government passed a tax reform measure, over the objections
of private sector elements and opposition parties, to raise
revenue needed to address social problems.
The Guatemalan Congress selected a Human Rights Ombudsman in
August. Thus far, the new Ombudsman has been active in
attempting to resolve strikes and a case dealing with freedom
of expression. In addition, that office is working with the
Ministry of Education to formulate a human rights curriculum
for the schools.
Government actions to reform the judicial system and to
increase the prof essionalization of its police forces
continued with assistance from a number of other democratic
governments, including United States' funding for
"Administration of Justice" programs. A commission was formed
in late 1987 to coordinate the efforts of the judicial,
executive, and legislative branches, together with the
universities and the bar association, in a coherent program
supporting these objectives.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The number of cases in which a political motive could not be
ruled out declined significantly for the fifth year in a row.
Estimates of the number of such cases, based on available
495
GUATEMALA
official statistics, declined to 83 for the months January to
November 1987, as compared to 126 for the same period in
1986. It is unknown how many of these deaths were, in fact,
actually politically motivated or, if so, which group or
faction was responsible.
The Government has made an effort to eliminate any official
involvement in political killings through reorganization and
prosecutions of the military and police on criminal charges.
Involvement of military personnel and policemen in some
incidents of criminal activity is a continuing problem.
Homicides attributed to common crime continued at a high rate
in 1987, including cases of suspected vigilante justice by
private citizens. According to National Police statistics, in
the first eight months of 1987, 1,183 murders occurred, an
average of 148 a month, slightly below the 1986 average of 153
a month. Reported cases of assault with intent to kill rose
dramatically from an average of 424 a month in 1986 to 600 a
month in 1987. This rise in crime has been attributed in part
to the activities of many unemployed ex-soldiers and bodyguards
trained in the use of arms. Some observers continue to cite
the high rate of criminal violence in Guatemala as a basis for
charges that political killings continue unabated.
Allegations of death squad-type activities continued. In
November the press quoted a member of the Congressional Human
Rights Committee as claiming that death squads committed 186
extrajudicial killings of individuals with criminal records in
1986 and 1987. Representatives of the Government deny that
the military and police are involved in death squad killings.
A government representative stated that most killings of this
type resulted from private land disputes, paid assassinations
for personal reasons, or criminal gang activity.
Among the suspected political murders in 1987 was the kidnaping
and murder of Edgar Arana Castillo. Formerly active with
subversive organizations, Arana went abroad in 1982 after
receiving death threats. After his return to Guatemala, he
was abducted in March 1987 and his body was later found
floating in a river. Many assert that he was killed by the
army as a political statement and as a warning to other former
guerrillas not to return to Guatemala. Military officials
claim that Arana was killed by the guerrillas for abandoning
their cause.
The murder of San Carlos University psychology Professor
Ronald Obdulio Villagran Marin is also suspected as being
politically motivated. A former president of the university's
student association in 1971-72, Villagran had received death
threats sporadically since 1980. A previous attempt on his
life in 1981 failed, and in 1986 he escaped two kidnaping
attempts. He was shot to death in April 1987. Those close to
Villagran assert that the army killed him to warn members of
the university community who still are residing abroad that
they are not welcome in Guatemala. There is no evidence to
substantiate this allegation, however.
Christian Democratic Congressman Victor Vicente Moscoso
Machorro was killed in August, in what appears to be an
internal party struggle. A former bodyguard of the mayor of
Jocotan, also a member of the Christian Democratic Party, was
arrested and charged with murder. In the past year, in the
city of Jocotan, the murders of a union leader and two city
councilmen were also attributed to party infighting.
496
GUATE^4ALA
Several other widely-publicized cases also occurred in 1987 in
which a political motive was suspected. Among those is the
unsolved kidnaping and murder in January of Maria Odilia
Raxjal Sisimit and her mother Maria Esteban Sisimit de Raxjal.
In late October, the kidnaping and murders of university
student leaders Danilo Sergio Alvarado Mejia and Rene Haroldo
Leiva Cayax prompted a public outcry. Government authorities
conducted a professional investigation which resulted in the
arrest of the police chief of Quezaltenango for masterminding
the crime and five other police officers for actually
committing the killings. The case is now before the courts.
The Marxist guerrilla insurgency continued in 1987. According
to official statistics, guerrillas killed 53 soldiers through
the month of August. In addition, 31 guerrillas, 8 civil
defense patrolmen, and 54 civilians were reported to have died
as a result of the fighting. Among those killed by the
insurgents were three military commissioners (civilian
representatives of the military) in the departments of Solola,
Izabal and Quezaltenango. Others killed by the guerrillas
include farm owners and managers in the departments of
Escuintla and Chimaltenango .
In November, 10 guerrillas stopped a bus near Santiago Atitlan
and killed a local political figure who ran for Congress in
1985. That same month, the military reported capturing two
guerrilla notebooks which listed hundreds of assasination
targets .
b. Disappearance
The situation in Guatemala today bears little resemblance to
that of the early 1980's. Although disappearances are
undoubtedly still taking place, and persons with links to the
police or military are occasionally involved, neither civilian
political leaders nor the military leadership sanction or
condone politically motivated kidnapings. In 1987 both the
military and police who committed such crimes were brought to
trial.
From January through August 1987, the National Police reported
87 kidnapings, compared to 72 during that 8-month period in
1986, and some were presumed to be politically motivated.
The most publicized case was that of Debora Carolina Vasquez
Velasquez who was abducted in April in Guatemala City.
Vasquez had been living abroad for 6 years and returned to
Guatemala a few days before her abduction. After public
denunciations by her father and the local human rights
organization, the unidentified kidnapers released Vasquez
after 9 days. The family claimed that the military was
responsible for the abduction. They asserted the kidnaping
was an effort by the military to warn former guerrilla
sympathizers not to return to Guatemala. The Government
categorically denied involvement in the kidnaping, which
remains unsolved.
In July Ernesto Tema Perez, the local Secretary General of the
Social Democratic Party in San Marcos, and his brother, Juan
Tema Perez, were abducted and are presumed dead. Leaders of
the Social Democratic Party denounced the abductions in
Congress, and in conjunction with leaders of other political
parties, met with President Cerezo and Defense Minister
497
GUATEMALA
Gramajo to discuss the case. The military agreed to
investigate to ascertain if its personnel were involved. The
case remains unsolved.
A Catholic activist priest. Father Andres Giron, met with
President Cerezo in November to protest the alleged kidnaping
and subsequent disappearance of several farmworkers.
According to Giron, the President agreed to investigate his
allegations that some of the victims were taken to a farm
owned by the military. The military has denied any involvement
in the disappearances.
Efforts to locate or account for missing persons from previous
years continued in 1987. The most vocal Guatemalan group to
demand investigation into these disappearances is the Mutual
Support Group (GAM). Since President Cerezo took office in
January 1986, GAM leaders have called for an investigation
into the whereabouts of missing persons and demanded that the
kidnapers be brought to trial. In response to these demands,
Cerezo announced in April the creation of a commission,
composed of government officials, to investigate the status of
missing persons. GAM members protested the lack of promised
progress by occupying the Guatemalan Congress building in
July. The governmental commission has not yet issued its
report or publicly defined its role.
The GAM has at times made apparently unfounded or
unsubstantiated allegations; it has been urged by Cerezo to
present its charges before the Guatemalan judicial system for
investigation. In October GAM leaders reversed their previous
position of refusing to work with the courts and presented a
legal complaint to Judge Olegario Labbe in which they accused
17 soldiers and policemen of responsibility for disappearances
which occurred in 1983 and 1984.
Since mid-1986. Judge Labbe has investigated habeas corpus
writs by human rights organizations. In a July 1987 interim
report, he indicated that of 1,367 writs received, at least
108 persons were still alive after they were reported to be
missing. Many of these cases involved people who had departed
for the United States or were missing for only a few days. In
a number of other cases, mostly among those reported in 1986
or 1987, some were erroneously alleged to be missing when they
were actually serving in the military or completing jail
sentences .
Gonzalo Menendez de la Riva was appointed as Guatemala's first
Human Rights Ombudsman in August. According to reports, the
Ombudsman's Office will leave the investigation of cases of
persons missing from previous years to Judge Labbe. To date,
the Ombudsman's Office has dealt primarily with other human
rights issues, but may involve itself during 1988 with
investigating current disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Reports of police brutality continued during 1987. Instances
of torture attributable to the military or police forces are
infrequent. The National Police, under the coordination of
the Interior Ministry, are attempting to end all such abuses.
Through training and foreign assistance programs from several
countries, including the United States, Spain, Venezuela, and
498
GUATEMALA
the Federal Republic of Germany, the National Police have
begun to reorganize and to improve investigative and forensic
laboratory techniques.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Allegations of arbitrary arrest are not frequent in Guatemala.
Under the Constitution, a person cannot be held for more than
6 hours without being brought before a judge and formally
charged with a crime. Consequently, at times cases are
brought before a judge with insufficient evidence. This
requirement in the Constitution, designed to prevent arbitrary
arrest and detention, has frequently resulted in allowing
criminals to go free because of lack of time to investigate
their cases.
In spite of police complaints that the judicial system favors
the criminal, legislation supported by the Ministry of the
Interior to permit holding repeat offenders in custody pending
trial was struck down by the Constitutional Court during 1987.
Involuntary exile is not used as a punishment by the
Government, and there have been no knov^n instances in which
government critics were arrested for political reasons. The
practice of compulsory labor is prohibited by law. Charges
continue to surface that members of volunteer civil defense
patrols are forced to do unrelated tasks without compensation.
Documentation on such cases is scarce.
e. Denial of Fair Public Trial
The Government has attempted to strengthen the legal system
which traditionally has been characterized as inefficient and
corrupt, particularly by dismissing judges shown to be
dishonest. The Guatemalan judiciary is working closely with
the United Nations Institute for the Prevention of Crime and
the Treatment of Criminals (ILANUD) in order to improve the
effectiveness of the legal system and to acquire needed
equipment .
The right to legal counsel is provided for by law and made
available by the state to indigents. State funded legal
services are usually provided by law students. Since the
majority of the nation's lawyers live in or near Guatemala
City, it is sometimes difficult to obtain legal counsel in the
countryside.
Defendants may be released at the discretion of the magistrate
after posting bail. The cumbersome judicial machinery results
in many defendants spending several months in prison before
their cases are brought to trial.
There are no known cases of persons being imprisoned for
political reasons or for nonviolent exercise of basic human
rights .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of the home,
personal correspondence, and private papers. Instances of
authorities violating the privacy of the home and engaging in
criminal acts against individuals and property are isolated.
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g. Violations of Humanitarian Law in Armed Conflicts
An estimated 1,200 to 1,500 Communist guerrillas continue to
fight in remote areas. There are few documented cases of
violations of humanitarian law.
The use of landmines by the guerrillas, primarily by the
Revolutionary Organization of the People in Arms (ORPA) , led
to some civilian injuries. The Guatemalan Army does not place
landmines. Among the cases reported in 1987 was one in which
a vehicle detonated a landmine and three passengers were
injured. In another highly publicized case, a young boy was
seriously injured when he stepped on a landmine.
Other violations include murders by guerrillas of civilians
such as farm administrators and military commissioners. On
approximately 50 occasions so far this year, guerrillas have
stopped buses to confiscate food, money and belongings from
passengers. Residents continue to flee areas with heavy
insurgent activity.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although there is no formal press censorship in Guatemala, the
media continues to exercise a degree of self-censorship on
certain topics. Charges of censorship were leveled at the
Government for initially prohibiting the airing of some
television commercials critical of its tax policy. These
announcements were rejected by the government entity
responsible for approving all media advertisements because
they allegedly contained untrue information. The advertisers
were able to obtain a court injunction countermanding the
Government's decision, and the ads were broadcast. Generally
the overwhelming majority of antigovernment advertisements,
including insurgent manifestos, are run without government
interference. The requirement that Guatemalan radio and
television carry government-sponsored broadcasting became a
contentious issue. Under a 1978 law, radio and television
stations can be required to carry government-provided
broadcasting for urgent matters. Previously, the stations
were only occasionally required to carry major national
events. In mid-summer 1987, however, the Government began
requiring stations to carry government broadcasts daily.
Journalists charge that this requirement is an abuse of
governmental authority.
The arrest and 1-week detention of an investigative reporter
in midsummer for alleged misappropriation of government
property also caused concern within the press community. The
arrest was not reported by Guatemala's press due to concern
for the journalist's reputation and safety. Some observers
viewed the arrest as a veiled warning against investigative
reporting. The lack of aggressive investigative reporting
dealing with the military and human rights violations
apparently is due to self-censorship.
b. Freedom of Peaceful Assembly and Association
The rights of peaceful assembly and political association are
provided for in the Constitution, and are freely exercised.
Labor groups, human rights organizations, and political
parties have the right to meet peaceably and did so in 1987
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without government interference. The GAM continued to hold
numerous marches and rallies to protest lack of action in
resolving the cases of the disappeared during 1987. For 24
hours in July they occupied the Guatemalan Congress building
without incident.
There are three major trade union confederations composed of
hundreds of smaller, active labor unions, and many other types
of smaller labor groupings. The largest union confederation
is the Guatemalan Confederation for Syndical Unity (CUSG) ,
composed of 150,000 members from 19 federations. The CUSG is
a democratic group which receives some support from the
American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO) , and is formally affiliated with the
International Confederation of Free Trade Unions (ICFTU). The
second largest and most active confederation is the
Coordinating Committee of Guatemalan Workers (CGTG) , with six
federations and a membership estimated at 23,500. This group
has a Christian Democratic orientation and tends to support
the Government. The leftist-oriented Union of Guatemalan
Workers' Unions (UNSITRAGUA) is a loose coalition of 33 unions
with approximately 12,000 members.
These union confederations are free to organize, bargain and
strike. In April and May, a massive public employees' strike
which encompassed approximately 25,000 workers was settled
peacefully.
A major business shutdown took place in October to protest the
Government's new tax package and most Guatemala City
businesses were closed for several days. No actions were
taken against the private sector organizers of this protest.
c. Freedom of Religion
More than 70 percent of the population is Roman Catholic, but
all religious denominations have the right to practice freely
in Guatemala. Many Indian groups, which comprise roughly 50
percent of the nation's total population, mix native beliefs
with Catholic practices. Over 25 percent of Guatemalans now
adhere to Protestant denominations, most of which are
Evangelical in nature. There are also small communities of
Jews, Mormons, Baha'i, and Buddhists. Tension between the
nation's Catholic hierarchy and the growing Evangelical
movement continues, but few instances of violent clashes were
reported in 1987.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no legal restrictions on freedom of movement within
the country and with regard to travel abroad. The only
impediments to free movement are occasional government and
guerrilla roadblocks. The police check vehicle registrations
and look for suspicious vehicles which might be stolen or
carrying stolen goods or contraband. Guatemalan guerrilla
groups use roadblocks to rob the occupants of passing vehicles
and to disseminate propaganda.
Guatemala has ceased to be a refugee-generating country and is
now a refugee-receiving country. The United Nations High
Commissioner for Refugees (UNHCR) estimates the total number
of Guatemalan refugees in Mexico has risen to approximately
42,500 due solely to natural increase within the existing
refugee community. Approximately 1,000 returned to Guatemala
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GUATEMALA
during 1987. About 400 Guatemalan refugees remain in Honduras.
Most of the refugees are Indians from areas afflicted by
insurgent activities.
The Catholic Church, in cooperation with the Government, is
giving some limited assistance to several thousand displaced
persons who had been living in areas of guerrilla activity in
the highlands. Many of these displaced persons had been living
in the mountains for several years before seeking help.
Bishops in the departments of Alta Verapaz and El Quiche are
assisting these displaced persons, providing medical attention,
food and temporary housing. The Government has provided land
for settlement to some groups.
Nicaraguans and Salvadorans continued to flock to Guatemala.
Estimates of Nicaraguans living in Guatemala vary between
7,000 and 20,000, most of whom are in the country illegally.
In addition, several thousand Salvadorans have come to
Guatemala to seek jobs or to escape guerrilla warfare. The
Government does not deport these refugees, many of whom obtain
assistance from various church groups and other charities.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
President Vinicio Cerezo took office in January 1986 after
free and fair democratic elections in 1985 following 20 years
of military rule. The President and a near majority of
Congressional Deputies are members of the Christian Democratic
Party. In the 100-member unicameral Congress there are ten
political parties which range across the political spectrum
from right to left. The President and Congressional deputies
were elected to 5-year terms in 1985 and new national
elections are scheduled for 1990. Municipal elections are
scheduled to be held in smaller municipalities nationwide in
April 1988. Several government officials stated publicly in
1987 that there would be no impediment to the establishment of
a legal Communist party in Guatemala.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In March the improved human rights situation in Guatemala was
noted in a resolution passed by the UNHRC. Hector Gros
Espiel, the United Nations human rights expert for Guatemala,
visited in September and consulted with the Government on
human rights issues. Members of the UNHRC Working Group on
Enforced or Involuntary Disappearances visited in October.
Amnesty International and Americas Watch continued to issue
reports in 1987 that were critical of the human rights
situation in Guatemala, although some improvements were noted.
Both groups have visited to Guatemala since the democratically
elected Government came to power in January 1986.
Members of a now defunct organizing committee for a locally
proposed Amnesty International chapter alleged instances of
harassment and threats in late 1986 and early 1987, and
attributed these acts to a reaction against their efforts to
form a chapter.
As noted earlier, the GAM's campaign to have disappearances
from previous years investigated resulted in President
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GUATEMALA
Cerezo's creation in April of a governmental commission to
investigate the status of missing persons.
A locally managed Red Cross has operated freely in Guatemala
for many years with no connection to the International
Committee of the Red Cross (ICRC). In response to indications
of interest in a renewed relationship, a delegation from the
ICRC visited Guatemala in November. In December the Government
granted approval for an ICRC office in Guatemala, and it
opened in January 1988.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Stark cultural differences between the ladino middle and upper
classes and the large number of indigenous Mayan groups, who
number approximately 50 percent of Guatemala's population,
have historically created an environment of misunderstanding
and separation between the two groups. In an attempt to bring
the indigenous people into national life, the Government is
providing them with medical attention as well as bilingual
education in Spanish and their native language. Indians
living near towns have had these benefits, and several have
been elected as members of the National Congress and as mayors.
A number of women are making significant contributions in the
Government and the private sector. Two members of the
Cabinet, seven members of the National Congress, and four of
Guatemala's ambassadors posted abroad are women, as is the
person appointed to the "notable" person position on the the
National Reconciliation Commission, formed pursuant to the
Esquipulas II agreement. Despite this progress, centuries-old
stereotypes still exist. To address the needs of women in the
workforce, the Government has established a National Office of
Women (ONAM) . Staff and resource limitations restrict its
ability to coordinate activities with 56 Guatemalan women's
organizations. Among the issues ONAM is attempting to address
are employer discrimination against married and pregnant
women, the inability of professional women to find employment,
and the lack of day care centers for the children of working
women .
CONDITIONS OF LABOR
A variety of laws protect the rights of Guatemalan workers by
establishing minimum wages, minimum working age, safe working
conditions, and maximum working hours. Minimum safety
standards at the workplace are frequently ignored by the
employers, and the government has been unable fully to enforce
these laws. A labor court system exists to handle labor
disputes, but it is heavily backlogged. Consequently,
disputes are frequently negotiated outside the court system,
usually to the detriment of the employee. The Ministry of
Labor regularly becomes engaged in the settling of disputes
between labor organizations and employers.
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GUYANA
The Co-operative Republic of Guyana is a small, multiracial,
developing nation of about 750,000 people. The only English-
speaking country on the South American continent, culturally
and politically, Guyana is considered to be a part of the
Caribbean. Guyana is also an independent republic within the
Commonwealth, its government is headed by an executive
president, it has a unicameral parliament, an independent
judiciary, and a multiparty system.
The Peoples National Congress (PNC) party, led by President
Hugh Desmond Hoyte, governs Guyana. The President is both the
Head of Government and Head of State as well as the leader of
the party. Under the 1980 Constitution, presidential,
parliamentary, and regional/municipal elections are held every
5 years.
Although a number of political parties compete, the PNC has
dominated political life in Guyana since the 1964 elections.
The opposition parties boycotted the December 1986 municipal
elections, scheduled for the first time since the early 1970's,
alleging that they would not be free and fair since the ruling
party controlled the electoral machinery.
Although Guyanese society and political life are influenced by
ethnic differences between the Afro-Guyanese and Indo-Guyanese,
peaceful coexistence prevails. The ruling PNC is largely
dominated by urban Afro-Guyanese, as is the Guyana Police Force
(GPF) , the Guyana Defense Force (GDF) , and other security
forces, while Indo-Guyanese dominate agricultural and business
sectors. President Hoyte has made a significant effort to
bring more Indo-Guyanese into party and ministerial positions.
The Constitution mandates a "trisectoral" economy, i.e., private
sector, public sector and cooperatives. Two of Guyana's major
export industries, sugar and bauxite, are controlled by public
corporations, which employ about 17 percent of the work force.
The third principal export industry, rice, is primarily in the
hands of private persons. President Hoyte has been taking
steps to enhance the role of the local private sector, as well
as to encourage private foreign investment. In 1987 the
country's economy showed signs of improvement, although it is
still plagued by external debt, sluggish growth, and a
deteriorating infrastructure. People are free to pursue private
interests, and rights to private property are respected.
In 1987 Guyana's human rights record showed some improvement,
although the police occasionally demonstrated lapses in
discipline, resulting in allegations of abuse. These
allegations of police killings and beatings were investigated
during 1987 but with mixed results. The Government continued
to recognize the right of opposition newspapers to report
freely. Freedom of religion is generally respected. In its
1987 Report, the Guyana Human Rights Association (GHRA)
expressed concern that the liberalization with respect to human
rights instituted by President Hoyte has not yet been given the
administrative, legal, and institutional framework sufficient
to guarantee its continuation. In 1986 the Government
appointed a commission to investigate and report on the need
for a code of ethics for public office holders. In August
1987, the commission reported that there had been a breakdown
in standards of behavior in the public service, recommended a
code of conduct, and called for election reform. In December,
Parliament approved unanimously a motion endorsing the
Integrity Commission's report.
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GUYANA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No politically motivated killings are known to have occurred in
recent years. Summary executions do not take place.
b. Disappearance
There have been no reports of politically motivated
disappearances, clandestine detentions, or abductions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited by the Constitution. Opposition
newspapers have reported incidents of police brutality and have
charged that prisoners awaiting trial at Georgetown's Brickdam
jail are often mistreated. Several low-ranking police officers
have allegedly been involved in burglaries and robberies,
occasionally resulting in the beating and shooting of their
victims. The Government opposes police misconduct. When
incidents of police harassment and misconduct occur, those
persons found responsible have frequently been disciplined and
dismissed from the force, arrested, and even prosecuted. The
government-owned media reported on at least four court cases
concerning alleged human rights abuses committed prior to 1987
by members of the Guyana Police Force and the Guyana Defense
Force. Several of these cases resulted in convictions. The
three policemen involved in the May 1986 torture of an
Amerindian were not prosecuted. The police force disciplined
the sergeant involved with a loss of pay and the two constables
were released from the force. In October the Director of
Public Prosecutions ordered an inquest into the death of Walter
Rodney, a leading Marxist WPA official and political writer,
who died in a 1980 bomb explosion under mysterious
circumstances .
Prison conditions in Guyana are Spartan, and prisoners' diets
are reportedly inadequate.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Constitutionally, no person may be deprived of personal liberty
except as authorized by law. The Constitution provides the
right to a judicial determination of the legality of detention.
Individuals are not arrested, detained, or exiled for their
political views. The National Security Act provides for the
detention without charges for up to 3 months of persons
suspected of crimes. However, to date, no one has been detained
under provisions of the Act. In the past. Government officials
sought to use the legal system to harass their opponents through
frequent libel suits, but this practice is waning.
Forced labor is not employed in Guyana.
e. Denial of Fair Public Trial
Guyana employs the British common law system and legal
procedures. Half the lawyers and almost all members of the
Guyanese judiciary were trained in the United Kingdom. The
Constitution provides that anyone charged with a criminal
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GUYANA
offense has the right to a hearing by a court of law, and this
right is respected in practice. Guyana has a functioning bail
system and defendants are accorded fair public trials; they are
represented by counsel, who are court appointed when necessary.
Timely charges are presented, and appeals can be made to higher
courts. There are no political prisoners or special courts for
political security cases.
Some opposition lawyers complain that the judiciary is prone to
grant lengthy postponements in trials affecting government or
law enforcement officials; however, postponements are routinely
granted to both the defense and prosecution. Delays in judicial
proceedings are most often caused by shortages of trained court
administrative personnel.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government generally respects its citizens' right to
privacy. There were no allegations of government surveillance
of political opponents.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press. The
Government, through ownership of the country's only daily
newspaper and radio station and through import licensing of
newsprint and printing presses, maintains some control over the
media. However, the Government improved its record in this
regard and freedom of the press made advances in 1987. The
Stabroek News, an independently owned newspaper, began
publishing weekly in December 1986. The Stabroek News and the
Catholic Standard, the newspaper of the Catholic Diocese, were
allowed to import their own printing presses. In September
1987 the Government denied the Catholic Standard permission to
import a gift of newsprint from a Trinidadian newspaper. The
import license was later granted and the paper was also allowed
to purchase newsprint from the government-owned newspaper.
Guyanese can receive printed materials from abroad without
restrictions, but scarce foreign exchange generally is not made
available by the Government for subscriptions to foreign
publications. The Caribbean Contact, a monthly regional
newspaper, published in Barbados, that is consistently critical
of the Guyanese Government, is freely available and sold
locally for Guyanese currency. Newsweek and South magazines
are the only international news magazines sold for local
currency.
Guyana does not have an official public television station, but
satellite television transmissions from the United States are
rebroadcast by two local businessmen. They also carry regular
broadcasts of Cable Network News. Foreign and regional radio
stations can be heard on medium and shortwave bands.
The country's only radio station, the Guyana Broadcasting
Corporation (GBC) , is highly selective in reporting the views
and activities of opposition parties. Some of the GBC ' s radio
interview and commentary programs allow public criticism of the
Government, but, in general, they faithfully reflect government
policies. The government-owned daily newspaper, the Guyana
Chronicle, has significantly improved its coverage of news and
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GUYANA
commentaries that differ from government views, but information
on the Government's activities and operations remains carefully
controlled.
The Government's record on academic freedom is good. Several
opposition activists in the Marxist Working Peoples Alliance
(WPA) and GHRA teach at the University of Guyana. Opposition
parties have organized student groups there. The Government
remains sensitive to public criticism of Guyana, particularly
by foreigners. In two instances in 1987, articles written by
foreigners and critical of living conditions in Guyana, which
appeared in foreign publications, resulted in the Government
asking the author of one article to leave Guyana, and
threatening the author of the other with expulsion.
b. Freedom of Peaceful Assembly and Association
The constitutional provisions regarding these freedoms are
generally observed. The Government does not impose any
restrictions on joining private associations. The Public Order
Act requires police permits for mass political meetings. At
his discretion, the Police Commissioner can refuse permission
for a meeting without explanation. In the past, opposition
political parties have complained of delays in receiving
permission from the police. In 1987 opposition parties freely
organized several rallies and marches.
Workers in Guyana enjoy the right of association in voluntarily
formed, free, and independent trade unions. Guyanese workers
also enjoy the right to strike. In 1987, in the public sector,
the state-owned sugar industry again experienced a number of
wildcat strikes, most lasting no more than 2 days. In the
private sector, a sawmill company was struck for 1 week. The
Government has the authority to declare any strike "political"
or "illegal" but has not done so since the late 1970's. The
chief labour officer and his staff in the Ministry of Labour
provide the machinery for consultation and dialogue between
employers and workers to resolve labor disputes. Approximately
80,000 of Guyana's work force of 240,000 are organized.
Twenty-four of the country's 25 labor unions belong to the
Guyana Trade Union Congress (TUC) , the umbrella organization of
the nation's labor union movement.
The TUC is affiliated with the Caribbean Congress of Labour and
the International Confederation of Free Trade Unions. The PNC
and, to some extent, other political parties exercise
considerable influence over the union movement. Seventeen of
the TUC's 24 unions either are controlled by or affiliated with
the PNC. The largest union, the Guyana Agricultural and
General Workers Union( GAWU) , is affiliated with the Communist
PPP.
Unions can bargain collectively directly with private sector
employers. The 1984 law which stipulated that only the TUC
could engage in collective bargaining with the Government was
declared unconstitutional by the Court of Appeal, the country's
highest court, on October 28. The Government subsequently
proposed a constitutional amendment which, if passed in its
present form, would have the effect of nullifying the justices'
ruling .
Guyana sent a tripartite delegation to the 73rd session of the
International Labor Organization (ILO) conference in Geneva in
June 1987 but it is not a voting member because of the country's
financial arrears in that organization. Trade associations.
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GUYANA
private organizations, and other professional bodies also freely
maintain relations with recognized international groups in their
fields .
c. Freedom of Religion
The Constitution provides for freedom of thought and religion,
and there is general religious tolerance. Christians, Hindus,
Muslims and Baha'is are free to practice their religion without
restrictions. There is no favored or official state religion.
All religions in Guyana are allowed to select their places of
worship and are free to maintain their links with coreligionists
in other countries. There are no restrictions on religious
travel overseas. In the past, foreign missionaries were
permitted to enter the country to proselytize. However, in
1987, owing in part to the strained relations with some
officials of the Catholic Church, who have adopted a position
of opposition to the Guyanese Government, foreign Catholic
priests seeking to renew their resident visas encountered many
bureaucratic delays and were often able to obtain only limited
extensions .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within Guyana is provided for in the
Constitution. However, travel to certain Amerindian areas
reguires government permission, a regulation dating from
colonial times designed to protect the indigenous peoples from
exploitation. The GHRA, opposition politicians, and the
Catholic Church charge that permits are routinely denied to
missionary and non-PNC politicians and that the regulations are
being used to maintain PNC influence among the Amerindians.
Guyanese are free to travel abroad, to emigrate, and to
return. Guyana is neither a refugee receiving nor generating
country. There are no displaced persons, and citizenship is
not denied on political grounds.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Guyanese are free to express their political views and to join
or support a variety of political parties. Constitutionally,
all citizens 18 years of age or older are eligible to
participate in the political process and to vote. Presidential,
national, and regional elections are held every 5 years. The
leader of the winning party is elected President and forms a
cabinet .
Opposition parties vigorously criticize the Government and are
free to field candidates for election. However, since 1964,
the People's National Congress (PNC), a predominately
Afro-Guyanese party, has dominated political life through
questionable electoral practices. Opposition parties regularly
charge the ruling party with fraudulent practices. Following
the 1985 elections, opposition parties, including the Communist
PPP, joined in the Patriotic Coalition for Democracy (PCD).
The PCD seeks reforms in Guyana's elections laws, demanding,
for example, that ballots be counted at the polling places
rather than at a central counting place. The PCD charges that
without such changes, the PNC will continue to dominate the
electoral process and deny the country free and fair
elections. The Integrity Commission, which was appointed by
the Government in 1986 to investigate the need for a code of
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GUYANA
ethics for public officials, also called for electoral reform,
including greater dialogue with opposition parties, in order to
implement the structural reforms needed for free and fair
elections .
Race is still a factor in Guyanese political life, with parties
basically organized along ethnic lines, a situation that
predates independence. President Hoyte has appointed a number
of Indo-Guyanese to ministerial and other government positions
and attracted still others to the PNC.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government regards outside criticism of its human rights
practices as interference in its internal affairs. However, in
1987 the government-owned media continued to pay increased
attention to human rights matters, reporting more frequently on
charges of police abuses and subsequent investigations.
The GHRA is a nongovernmental organization formed in 1979 with
support from trade unions, professional organizations, and
churches. The GHRA issues periodic press releases and
publishes an annual report on human rights in Guyana. It
gathers information from members, victims of abuse, trade
unionists, churchmen, other interested parties, official
documents, and newspapers. The GHRA has attempted to draw
international and regional attention to the human rights
situation in Guyana but has, on occasion, been hampered in its
campaign by an inability to document and detail its findings.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution prohibits discrimination on the basis of race
or sex. Women are found at all levels and in all types of
employment but only infrequently do they occupy positions of
major responsibility and authority. Women in Guyana primarily
fulfill the traditional roles of homemaker and mother but
increasingly they are in the salaried economy.
The Guyana Chronicle and the Women's Revolutionary Socialist
Movement (WRSM) , the women's arm of the PNC, report that sexual
harassment is still a problem in the society. In its findings,
the Integrity Commission also identified the practice of sexual
harassment in the workplace and called for greater reporting of
these incidents to the authorities. In its findings, the
Integrity Commission also identified the practice of sexual
harassment in the workplace and called for greater reporting of
these incidents to the authorities. The Government does not
condone these abuses and has vigorously declared its support
for the equality of women. In line with this policy, and as
part of the income tax reforms announced in the 1987 budget
speech, the Government declared that women will be allowed to
file their own income tax returns, regardless of their marital
status. Formerly, married women were not allowed to file
independently of their husbands.
There is no pattern of discrimination in housing, employment,
education, or other social services. Education and medical
care in the Georgetown hospital are free, although, due to a
shortage of funds, the quality of the services is poor. Guyana
has a small ethnic Amerindian population, composed of nine
tribal groups, living in scattered reservations throughout the
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GUYANA
interior of the country. Relative to most Guyanese, their
standard of living is low. In 1987 the GHRA again alleged that
Amerindians are subjected to government control of their
leaders and land titles, as well as limitations on access to
their reservations by priests and other outsiders. The
Government has made an effort to integrate Amerindians into the
mainstream of Guyanese society in many interior communities.
In general, the Amerindians seem to suffer more from neglect
than from any policy of active discrimination.
CONDITIONS OF LABOR
The Factories Act of 1947 provides the legislative basis for
regulating conditions of labor in Guyana. Under the law, no
one under age 14 can be employed in a factory, and no one under
17 can work between the hours of 6 p.m. and 6 a.m. Government
policy, however, is stricter; no one under 18 can be employed
outside the family. The Ministry of Labour has, in practice,
extended the law's definition of "factory" to nearly all
workplaces except offices and rental shops. Most workers work
an 8-hour day and a 40-hour week.
In April 1987, the Government and the Guyana Trade Union
Congress (TUC) signed a new wage agreement providing a daily
minimum wage of $2.37 for public sector employees, a 40 percent
increase. Earlier, the TUC had published a cost-of-living
survey which asserted that a family of six must earn at least
$5.20 per day to live just above the poverty line.
The Ministry of Labour's enforcement of workplace health and
safety standards is severely limited by shortages of funds and
qualified personnel.
510
HAITI
The attempt to establish democracy in Haiti after 30 years of
dictatorship was thwarted by violence and murder on election
day, November 29, 1987. The November elections had been
designed to provide a peaceful and orderly transition of power
from the current caretaker military-dominated National
Governing Council (CNG) to a freely elected constitutional
civilian government. However, on election day, squads of
armed men, many of them believed to be followers of the ousted
dictator, Jean-Claude Duvalier, attacked polling places
throughout Haiti, killing at least 34 people. There is
evidence that some Haitian military personnel participated in
the carnage on election day. The independently appointed
Provisional Electoral Council (CEP), charged under the
Constitution with overseeing the electoral process, cancelled
elections to avoid further bloodshed. In violation of the
Constitution the CNG subsequently dissolved the CEP, repealed
the electoral law, and appointed another electoral council of
its own choosing. The CNG then scheduled new elections for
January 17, 1988 to be followed by the installation of an
elected civilian president on February 7, 1988. In the
opinion of many Haitians the criteria necessary to make these
elections credible have not been fulfilled.
After the ouster of the Duvalier Government, the CNG was
established to steer the country through the transition
period. This ruling council is currently composed of Lt .
General Henri Namphy, Major-General Williams Regala (two
original members), and a civilian, Luc B. Hector.
The Haitian Armed Forces (Forces Armees D" Haiti--FAD' H)
perform both defense and police functions, as an integrated
organization of navy, army, air force, and police elements.
The military came under criticism due to involvement of
security force elements in human rights abuses and the
Government's failure to investigate or prosecute these cases.
Haiti's most pressing problem remains its systemic economic
distress. The poorest and most densely populated country in
the Western Hemisphere, Haiti is plagued by malnutrition,
infectious disease, and illiteracy. Soil erosion,
deforestation, and periods of drought afflict the agricultural
sector. The dire poverty of the majority of the population
affects all aspects of Haitian life. Although expectations
were raised and hopes were high following the fall of the
Duvalier dictatorship, most Haitians still live in conditions
of abject economic misery.
The human rights record of the CNG, even prior to the November
elections, was mixed. The major accomplishment of 1987 was a
referendum in which 42 percent of the population
overwhelmingly approved a new Constitution establishing the
legal basis for democratic institutions in Haiti. The
Constitution provides for legislative, judicial, and executive
branches of government headed by an elected President who
appoints a Prime Minister; a bicameral legislature
representing the nine regions of the country; and fundamental
rights and freedoms for all Haitians.
Violence erupted in June and July as many Haitians perceived
the CNG ' s promulgation of an election law restricting the
powers of the constitutionally mandated independent electoral
council as an attempt to subvert or circumvent the new
Constitution. Weeks of violent antigovernment street
demonstrations resulted in numerous deaths and injuries, some
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the result of inappropriate crowd control actions by Haitian
security forces. Violence again rose steadily several weeks
prior to the November elections, and the CNG failed to stop
the violence or to provide the necessary security for a fair
and orderly election.
Following the end of the Duvalier dictatorship Haitians
enjoyed a freedom of expression and association which had not
been possible under that regime. Political parties ranging
across the political spectrum organized, recruited members and
presented candidates for public office. A vigorous press
frequently and openly criticized the Government. Since the
aborted November elections, some political groups and
journalists have toned down criticism and political activity
in apparent fear of government reprisal. At the time of the
aborted elections two radio stations often critical of the CNG
were temporarily put out of commission by vandals and
arsonists .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There is substantial evidence that elements of the Haitian
military were involved in the killings which took place on
election day, November 29, 1987. Several reliable
eyewitnesses have reported seeing uniformed soldiers, in army
vehicles, participating in the election carnage. It does not
appear that the violence was directed at any specific
individuals but rather was designed to prevent voters from
participating in the elections. The Government, which failed
in its promise to provide security for voters on election day,
appointed a commission to investigate the incidents. However,
there have been no arrests or punishments stemming from the
November 29 killings. There is widespread skepticism that the
investigation will yield significant results.
In June and July, military and police forces were responsible
for a number of deaths during demonstrations over political
issues. Approximately 40 people were killed and 70 wounded
during antigovernment demonstrations. There has been no
government or independent investigation into any of these
deaths and no reliable number or list of names of those killed
has been published. There are several well-documented cases
of deaths involving the security forces. Soldiers fired
indiscriminately into a group of taunting youngsters on July
4, killing a 13-year-old boy. During an antigovernment
demonstration on July 29 which most eyewitnesses claim was
progressing peacefully, a small group of soldiers fired
randomly into the crowd. Nine people are believed to have
been killed. On August 1 police shot and killed 3 people in a
crowd which had earlier attacked the driver of a truck
carrying corpses from the Central Hospital to a burial ground.
In other cases, police and military personnel, acting in an
unofficial capacity, were responsible for numerous deaths. In
July an off-duty policeman fired into a crowd of peaceful
protestors, wounding six and reportedly killing one woman.
The identity of the policeman is known; however, no
investigation or prosecution has occurred.
There is evidence that security forces premedi tatedly
targeted, or colluded in the death in October of politician
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speech in front of the Port-au-Prince police station.
Eyewitness accounts contradicted the official police version
of the killing and indicated that Volel's attackers emerged
from police headquarters. It is not known whether his
assailants were members of the security forces or were acting
independently with the collusion of some police elements.
Although the police publicly stated they were pursuing an
investigation, no results were ever released.
Less information is available regarding the deaths of
presidential candidate Louis Eugene Athis and two of his
colleagues in early August. Athis and his associates were
killed by local peasants who accused them of being
Communists. Although the Information Ministry stated that
four locals had been arrested in the case and that an
investigation was being prepared, the status of the four
detainees is unknown, and no report was ever released.
Other unexplained killings have been attributed to hit squads
or to men in green uniforms, who are accused of causing a
"reign of terror" throughout the country. The arrests in
February and September of two gangs revealed that, although
gang members wore uniforms, none were members of the military.
They and others perpetrating these murders and many lesser
crimes appear to be common criminals, ex-Tonton Macoutes
(members of the outlawed volunteers for National Security, the
Duvalier family's brutal militia) and military personnel
acting independently to take advantage of the chaotic
situation, particularly in rural areas.
There have also been incidents of violence against soldiers.
In July, a soldier was killed by persons who fired on him from
a private vehicle. During the summer's unrest, homes of
soldiers and police were frequent targets of mob violence.
b. Disappearance
The Constitution stipulates that all arrests occur openly,
with warrants, and that all arrestees be brought before a
judge. In the days preceding and immediately following the
November 29 elections, approximately 50 young people who had
organized "vigilante brigades" to protect their Port-au-Prince
neighborhoods from preelection violence in the absence of
police protection were reportedly rounded up by army units.
Conclusive information regarding their whereabouts is
unavailable. There are some claims that they are still being
held, and other allegations that they were executed.
Government officials state that they have no information
concerning these alleged disappearances.
The disappearance of Chariot Jacquelin, following an attack on
a police station in 1986, remains unsolved. Members of a
terrorist, criminal gang arrested in February 1987 claimed
that they and other members of the group, including Jacquelin,
had carried out the police station attack, and that they
afterward murdered the wounded Jacquelin to avoid his being
interrogated and betraying them. These allegations have not
been verified. To further complicate the Jacquelin question,
a Haitian Communist Party leader claimed in October 1987 that
Jacquelin had been a member of the Communist Party and that
his death may have been connected with Communist activities.
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c. Torture and Other, Cruel, Inhuman, or Degrading
Treatment or Punishment
The new Constitution specifically prohibits physical brutality
during interrogation and provides for the right of the accused
to have a lawyer and witness present during the interrogation
process. While there is no indication of torture, evidence
indicates that police beatings of prisoners remain common
practice in Haiti. The Inter-American Human Rights Commission
of the Organization of American States visited Fort Dimanche
prison in January 1987 and criticized substandard prison
conditions and noted claims by many prisoners of routine
beatings upon arrest.
In 1987, in two cases well documented by U.S. consular
officials, examples of cruel treatment were noted. In the
first case, an American citizen of Haitian birth, suspected of
plotting to overthrow the Haitian Government, was held in
solitary confinement in an earthen underground compartment for
almost 4 months. Food provided by his family to supplement
the poor prison diet was denied him by prison guards. In the
other case, an American citizen of Haitian origin, arrested
for a minor altercation, was severely beaten by club-wielding
police immediately after his arrest.
Several public complaints were made regarding the army's abuse
of peasants in its search for Bernard Sansaricq following his
short lived revolt.
Prison conditions are poor, and prisoners are likely to
encounter limited hygienic facilities, inadsequate food and
health care, and ill-treatment by prison staff.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under Haitian law, a person may be arrested or detained if
apprehended during the commission of a crime or pursuant to a
judicial warrant based on evidence justifying the arrest. In
all other cases, the person arrested must be brought before a
judge within 48 hours to determine the legality of his
detention. If the judge determines that a legal basis for the
arrest exists, the person may be detained for further legal
process; otherwise, he must be released. In practice,
weaknesses in the judicial system usually lead to lengthy
pretrial detention.
Haitian law requires that a suspect be formally charged at
least 2 weeks before trial. By law the accused is permitted
to meet with an attorney immediately before trial, although
defendants are often able to meet informally with counsel
shortly after arrest. There is no public defender or system
of bail in Haiti. However, judges may, and often do, grant
provisional liberty to a prisoner. Civilian cases may be
brought before a jury, and, in the case of military personnel,
before a court-martial.
In February 1987 four members of an organization known as the
Liaison Committee for Democratic Forces were arbitrarily
arrested while conducting a political meeting on the grounds
of the national university. Initially accused of subversive
activity and related protests which were planned for the first
anniversary of the fall of Duvalier, they were released
without charges by a judge after 2 1/2 days of detention.
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Local and international human rights groups believe that many-
other arbitrary arrests have secretly taken place and that
detainees are being held without due process of law. Amnesty
International published one list of five persons reportedly
detained in Haiti. Independent sources were able to verify
the safety and whereabouts of only one person named on that
list. Both the Haitian Government and a reputable local human
rights group denied knowledge of the other names on the
Amnesty International list.
In October 1987, national attention focused on the case of
Jean-Raymond Louis, said to have been arrested during a
demonstration in July 1987. Human rights groups claim that
Louis and perhaps many more prisoners, have been held or are
being held by the criminal investigations division of the
Haitian police since the summer's civil unrest. It was while
protesting the apparent detention of Louis that lawyer Yves
Volel was killed in front of the Port-au-Prince police
station. Jean-Raymond Louis was released in December. No
specific charges were ever filed against him.
The Constitution prohibits deportation or forced exile of
Haitian citizens. Returning exiles have 2 years in which to
renounce foreign nationality and regain Haitian nationality.
In two controversial incidents, persons who were originally
Haitian and who had adopted foreign nationality while in exile
were expelled from the country. In January a U.S. citizen of
Haitian origin was expelled as an undesirable alien following
antigovernment remarks. In October a declared candidate for
mayor of Port-au-Prince and an active critic of the Government
was forcibly expelled, reportedly as a result of engaging in
antigovernment activities and political affairs in Haiti while
retaining Canadian citizenship.
Forced or compulsory labor is not employed in Haiti.
e. Denial of Fair Public Trial
The Constitution provides for the right to a fair public
trial, but weaknesses in the judicial system deny this right
in practice. Misunderstanding, illiteracy, and a fear bred of
30 years of dictatorship caused many Haitians to ignore the
summons for jury duty. Several trials scheduled for the
spring judicial session had to be postponed for lack of
jurors. During the 1986-1987 judicial session, public trials
of several Duvalier era officials were completed. Other cases
involving human rights abuses, notably the deaths of students
in Gonaives prior to the fall of Duvalier, were still pending
at year's end.
Arraignments and trials are held in public and often receive
extensive media coverage. Defendants have the right to be
present and to be represented by a lawyer. In several well
publicized cases, such as the arrests of journalist Jean-Max
Blanc (July) and the organizers of the CATH Labor Union Strike
(June), arrestees were released within days of their arrest
when judges found no reason to lay charges and conduct a trial,
In remote rural areas, a swift vigilante style justice,
particularly in cases of theft, is often meted out by
peasants. The Government, with its extremely limited
resources, often does not investigate such incidents.
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f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There is no evidence of direct government interference with
individual privacy or the sanctity of the family, home, or
correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of expression for all citizens is provided for by the
Constitution and in practice public dialog flourished after
the departure of Duvalier. There are several privately owned
daily and weekly newspapers and radio stations, including
influential stations owned and operated by the Protestant and
Catholic churches. The Government operated the newspaper
Haiti-Liberee, which ceased publishing in July 1987 apparently
for financial reasons, Radio Nationale, and a television
station. A privately owned cable television system also
operated independently. Print and broadcast media, both
public and government-owned, were highly critical of the
Government prior to the November elections, giving voice to
political and civic organizations across the spectrum. Since
November 29 the government-owned television and radio stations
have followed a staunchly progovernment editorial line.
Privately owned radio, television, and print media remain
uncensored.
Under the CNG several formerly prohibited publications were
freely available. Foreign publications were sold and
distributed without interference. Cable facilities provided
access to television programs from abroad, with no government
censorship.
In spite of progress in freedom of the press, the civil unrest
of the summer precipitated incidents of serious harassment of
journalists. In at least five separate incidents, members of
the FAD'H threatened both foreign and Haitian journalists who
were legitimately pursuing their professional duties.
Journalist Jean-Max Blanc was arrested and held in detention
for several days before he was released by a judge.
Journalists present at the death of Yves Volel were roughed up
and cameras and film were confiscated by Volel's assailants.
Cameras, without film, were later returned without explanation
by police authorities.
At the height of the summer's disturbances, seven local radio
stations were the targets of gunfire during the night by
unknown persons. Critics claim that the army was responsible
but the Government denied the charges. No investigations are
known to have been carried out.
Immediately preceding the elections armed attacks were again
made on radio stations. Transmitters of four independent
influential radio stations were firebombed, and the stations
were rendered inoperative. Two stations have subsequently
undergone repairs and returned to the air. The Government has
not yet conducted an investigation to discover the
perpetrators of these attacks.
On election day, the armed gangs which disrupted the voting
process deliberately fired upon members of the local and
international press corps. Dominican cameraman Carlos Grullon
was killed and several journalists were wounded in election
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day violence. The Government has not thus far undertaken
investigations to identify or punish perpetrators of these
attacks.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association are provided for
by the Constitution. Political parties and human rights
groups as well as other private organizations have been very
active since the overthrow of Duvalier in 1986.
In response to the summer protest activities, in July the CNG
announced a decree requiring prior notification to government
authorities for public meetings or marches. The organizers of
a march must identify themselves and the plans for their
demonstration. The organizer is held personally responsible
for the good behavior of the participants and exhortation or
invocation to crime or disorder can lead to fine or
imprisonment. Thereafter, the police are supposed to assure
the protection of the orderly demonstrators. However, the
first protest to be held after the announcement of this decree
on July 29 was characterized by police violence and several
deaths. Subsequently several small demonstrations followed
the outlined procedures and received government cooperation
and protection.
There are currently 17 officially registered political
parties, recognized by the Haitian Ministry of Justice in
conformity to the July 1986 law which outlined procedures for
recognition of parties. In addition, numerous other parties
ranging across the political spectrum were allowed to function
though they have not as yet fulfilled all registration
requirements or in some cases even applied for registration.
In addition to political organizations, freedom of
association was evident in various human rights, civic,
fraternal, and recreational groups which functioned unimpeded
by government interference.
Haitian labor unions remain in their infancy due to social,
historic, and economic reasons. Forbidden under the Duvalier
dictatorship until 1981, they were then allowed to operate
only within strictly circumscribed limits. It was not until
Duvalier's departure that unions were finally allowed to
operate freely. Even with no government interference the
relatively new phenomenon of trade unionism has not developed
quickly in Haiti, where unemployment is estimated to affect 50
percent or more of the available work force, and where
employers, used to working without unions, resist organizing
efforts. The few operating unions depend largely on outside
sources for their financial support. No unions are known to
subsist on dues paid by their members. Union contracts do not
yet exist; rather, informal, unofficial, unwritten agreements,
in some cases tacit acceptance, allow the presence of unions
in plants. Formal management recognition of unions as
bargaining agents is not yet the norm even in those plants
where unions have organized.
The Autonomous Central of Haitian Workers (CATH) , the
Federation of Union Workers (FOS) , and the Autonomous Central
of Haitian Workers/Latin American Workers Central (CATH/CLAT) ,
are the three major union federations. Until the unsettled
election period, all had open contact with international labor
organizations: FOS with the International Confederation of
Free Trade Union; CATH/CLAT with the Christian Democratic
World Confederation of Labor; and CATH with Canadian unions.
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It is impossible to judge accurately the size of their
membership, because each claims thousands of unemployed or
peasant members. It is estimated that each probably has fewer
than 3,000 members actually engaged in full time employment
who are members of local unions, which usually represent all
workers in individual factories. Strikes occur from time to
time, usually over nonsalary issues, and seem, on the whole,
to be settled largely without the representation of the union
federations. Union leaders usually play a behind-the-scenes
role since most managers will not deal with them directly.
In June the Government dissolved the trade union CATH after
the union called a general strike which resulted in widespread
rumors of violence. After substantial popular protest, the
union was allowed to reopen within a month. CATH has operated
without interference since then. The Government stressed that
the order closing CATH was issued not because of CATH ' s labor
activities, but because of alleged unconstitutional, political
actions. There were no other reports of government
interference in legitimate union operations during 1987.
In 1987 the Ministry of Social Affairs initiated work on a new
labor code, as much to encourage union-management interaction
as to make needed changes in the code. However work has
proceeded slowly because of mistrust on both sides of the
bargaining table, and few are optimistic that the code will be
completed soon.
c. Freedom of Religion
Religion is an integral part of Haitian life and culture and
is practiced widely with no interference from the Government.
Roman Catholicism is embraced in varying degrees by about 75
percent of the population. Voodoo, a mixture of African
animism and Christianity, is also practiced by a majority of
Haitians. Various Protestant denominations and foreign
missionary groups openly proselytize in Haiti. There are no
government restrictions on missionary activities, affiliations
with overseas coreligionists or religious instruction and
publishing. The CNG criticized alleged Catholic and
Protestant Church political activity following the November 29
elections, but made no attempt to curtail freedom of religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government does not normally restrict domestic travel of
citizens or foreigners. An irregular network of military
checkpoints operates across Haiti and foreigners and
interurban travelers infrequently are asked to register when
entering certain towns. There are no restrictions on persons
changing their residences or place of employment.
The CNG eliminated the need for reentry visas for Haitian
citizens in late 1986 and abolished the requirement for exit
visas in 1987. These two changes were incorporated in the new
Constitution. Every Haitian citizen is eligible for a
passport, and generally speaking travel documents are neither
issued nor denied on the basis of political considerations.
However, since November 29, 3 Haitian citizens who were
prominent in the electoral process have been prohibited from
leaving Haiti, as has one anti-CNG political activist. These
restrictions were applied in the final days of December 1987
and the first days of 1988, and their final outcome is still
unresolved. Haitians who departed under the Duvalier regime.
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HAITI
particularly those with skills or professions, have been
encouraged by the CNG to return to Haiti.
Economic migrants continue to leave Haiti, bound for
destinations in the United States or for more prosperous areas
of the Caribbean. Pursuant to a 1986 U.S. -Haitian agreement
on the interdiction of undocumented migrants, around 3,000
illegal migrants were repatriated from international waters to
Haiti by the U.S. Coast Guard in 1987. Immigration and
Naturalization Service officers are embarked on the Coast
Guard vessels to interview potential applicants for political
asylum.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Through most of 1987, Haitian political activity focused on
the movement toward an elective democratic system. After 30
years of dictatorship, Haitians engaged in efforts to
establish a democratic system and had made notable progress
toward establishing democratic institutions. Political
parties emerged, and a civic motivation campaign was designed
to encourage democratic participation. The first successful
exercise of political rights came with the March 1987
constitutional referendum in which all Haitians were able to
exercise their fundamental right to vote. They voted
overwhelmingly for a new Constitution which accords a wide
range of human and civil rights, including freedoms of speech,
assembly, religion, and press. The Constitution also contains
provisions designed to prevent the concentration of power in
the hands of any one governmental sector, and it bans political
activity by the armed forces.
The democratic process received its first setback in July when
the Government refused to promulgate the election law drafted
by the constitutionally mandated independent Election Council
and substituted its own election law instead. This led to an
oubreak of violence, which in turn led to the postponement of
local elections. The Government subsequently withdrew its
election law and accepted a new law written by the independent
Election Council. Progress toward elections resumed after the
summer's disruptions, and political parties and candidates
campaigned openly. As the November 29 election day neared,
the campaign and electoral process were increasingly
undermined by a climate of violence which included attacks on
party headquarters, election centers, printing presses, and
radio stations. These activities were generally believed to
have been instigated by followers of the Duvaliers who hoped
to regain control of the country. The Government made no
significant effort to suppress the violence.
The violence which disrupted the November elections has at
least temporarily thwarted the democratic process and has
threatened hopes for the establishment of democratic
institutions. CNG-supervised elections were to be held
January 17, 1988 with inauguration of the elected civilian
president scheduled to take place on February 7, 1988, (the
date also envisioned in the original electoral schedule).
However, many social and political parties, including those of
the four major presidential candidates, urged a boycott of the
government-sponsored elections.
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HAITI
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has allowed the United Nations and Organization
of American States to observe Haitian human rights
conditions. In January the Inter-American Human Rights
Commission of the Organization of American States (lAHRC)
visited Haiti. Due to a misunderstanding the Government
objected to the lAHRC observing prison conditions, but later
granted access to prisoners.
The Report of the Special Representative of the U.N. Human
Rights Commission (UNHRC) , issued in March, noted achievements
made by the CNG and the "unreserved cooperation of the
Government of Haiti."
The International Committee of the Red Cross, Americas Watch,
and Amnesty International also sent delegates to Haiti during
1987 without Haitian government interference.
Several internal human rights organizations exist. The
groups' leaders are active in politics, some in organizing
opposition to the CNG. The Government has not impeded the
formation of human rights groups nor prevented them from
making international contacts.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status.
Ninety-five percent of Haitians are descendents of African
slaves who gained their independence from France in 1804, and
the rest are mulatto, mostly mixed African-European ancestry.
A small number are of European or Middle Eastern descent.
Under Haitian law no distinctions are made with regard to race,
Haiti has two official languages, French and Creole. All
Haitians speak Creole, but French is primarily limited to the
educated classes. The guestion of which language should
dominate is a politically charged issue. There is no official
linguistic discrimination, but social class divisions can be
drawn closely on linguistic lines.
The role of women in Haiti is limited by tradition, but there
is no legal discrimination between the sexes. Women enjoy
egual legal rights in education, property, and voting.
Peasant women are largely confined to traditional occupations
such as farming, marketing, and domestic tasks. Middle class
women make up a large proportion of the work force and
dominate the secretarial, nursing, and teaching professions.
Greater opportunities have recently opened up to women in the
government and senior-level private sector jobs. Men and
women are generally paid equally for equal work.
CONDITIONS OF LABOR
Conditions of labor in Haiti are strongly influenced by the
general economic situation in the country. At less than $400
per year, Haiti's per capita income is the lowest in the
Western Hemisphere. Some economists estimate that Haiti has
an unemployment and underemployment rate of 50 percent of the
working population.
The labor code, revised in March 1984, governs individual
employment contracts, protects apprentices and women, and
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HAITI
establishes minimum health and safety standards, particularly
for hazardous occupations. The code sets the normal workday
at 8 hours. The work week is 48 hours with 24 hours rest on
Sunday. The code provides for paid annual leave of at least
15 consecutive days. Workers may take up to 15 days annual
sick leave. The labor code also mandates a daily minimum wage
of $3.00 in the Port-au-Prince area and $2.64 in the rest of
the country. Minimum age for factory employment is 12, and
fierce adult competition ensures that child labor is not a
factor in the industrial sector. In both rural and urban
areas children often work at odd jobs to help supplement the
family income.
The Government does not have the machinery to systematically
enforce labor laws regarding wages and minimum safety
regulations, but they seem to be generally adhered to by the
industrial sector. Many Haitians support themselves privately
by acting as middle men in the extensive second economy. For
these marginally employed workers there is virtually no safety
net between them and abject poverty. There are few
educational, health, hygienic, public housing, or other social
services available to the average Haitian, particularly
outside of Port-au-Prince.
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HONDURAS
Honduras' constitutional democracy, despite socioeconomic
difficulties and continued challenges to security and
development, was strengthened in 1987. Electoral reforms
passed by the National Congress in October 1986 greatly
diminished the possibilities for deliberate electoral
irregularities. The new law was put to the test during the
internal Liberal Party election of September 1987 in which
over 600,000 party supporters participated. The impartial
supervision exercised by the National Elections Tribunal (TNE)
helped ensure popular acceptance of the outcome of this hard-
fought election. The demonstrated commitment to civilian,
democratic government by both civil and military authorities
contributed to the general sense of social stability in the
country.
Fundamental structural problems in the economy have proven
difficult to correct. The problems of unemployment and low
productivity constitute the chief economic concerns; per capita
income ranks among the lowest in Latin America. Inadequate
social services, an influx of rural population to the cities,
and marginal standards of living for many have generated social
ills in the cities. There has been a sharp increase in crime
and sporadic terrorism by radical leftist organizations. The
presence in Honduras of some 150,000 refugees, mostly
Nicaraguan, constitutes a significant additional burden on the
country's limited resources.
The Armed Forces are responsible for internal and external
security. During 1987 the Armed Forces and its police branch,
the Public Security Forces (FUSEP), have been publicly accused
of various human rights abuses. The involvement of radical
organizations in a series of murders and armed robberies
generated well-publicized, sometimes controversial
countermeasures by the security forces. At the same time,
FUSEP has confronted an increase in common crime of
approximately 50 percent over the past 2 years. In connection
with an anticrime campaign, FUSEP undertook a significant
force expansion. The large influx of untrained recruits may
have exacerbated the problem. Such problems are being
addressed through an assistance and training program
administered by the U.S. Department of Justice in cooperation
with FUSEP.
During 1987 Hondurans exercised without impediment most basic
rights and liberties guaranteed by the Constitution. Certain
rights, however, continued to be subject to sporadic violation.
Chief among those were the right to habeas corpus, the right
to counsel, and freedom from incommunicado detention for more
than 24 hours. Violations attributable to the judiciary
generally reflect inadequate resources and systemic weaknesses
rather than deliberate abuses. The Honduran judiciary suffers
from a lack of resources. The Supreme Court has made strong
efforts to overcome some problems, as demonstrated by the
establishment in early 1987 of a special commission to receive
and investigate allegations of judicial corruption or
irregularities. Several judges have been replaced as a result
of the commission's work.
Although the number of alleged abuses has increased over the
previous year, both the Government and the Armed Forces'
leadership took steps to deal with instances of improper
behavior. In January 1987, President Azcona announced the
formation of an Inter-Institutional Commission on Human
Rights. Headed by the Attorney General and staffed by
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HONDURAS
attorneys and representatives of the three branches of
government and the Armed Forces, the Commission receives
complaints of and collects information on reports of abuses by
the Government or the Armed Forces. The Commission also
recommends remedial action in cases in which charges are
supported by the evidence, and responds to national and
international inquiries. At the Commission's urging, the
President increased both its authority and resources in late
1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no substantiated charges of politically motivated
killings by security forces in 1987. There were, however,
cases in which the official explanations of events leading to
deaths were challenged. In the case of two alleged subversives
killed in March, Hilda Rosa Lopez and Jose Fredy Nolasco, the
media accused tne police of using excessive force. The police
claimed that the two were killed only after they opened fire
when ordered to surrender. In a similar case in September,
the media charged the police with having ambushed two other
alleged subversives, Juan Angel Caballero and Roberto Ortiz
Lopez. That charge was vigorously denied by the Armed Forces,
which stated that the suspects had opened fire on a mobile
surveillance unit, leading to an exchange in which they were
killed. The controversy generated in that incident led to the
opening of a judicial inquiry, the results of which have not
yet been made public. In a third case, two men were killed
under circumstances that remain unclear in a night attack
while on a hunting trip. The media claimed that the two were
victims of a military ambush, but did not cite a possible
motive. The two surviving members of the expedition were also
unable to suggest a motive or to identify their assailants.
The Armed Forces, for their part, stated that they had no
information on the incident and opened their own inquiry into
the case. To date, there has been no report on its findings.
A fourth case in which the police were accused of a politically
motivated killing involved Trinidad Maria Pacheca, a member of
the National Center of Rural Workers (CNTC) . Pacheca was
arrested by Honduran immigration authorities and in January he
was turned over to the police, in whose custody he died. At
the initiative of the CNTC, his body was exhumed by judicial
order the day after burial. A medical examination indicated
that Pacheca had died of blows to the body. A military judge
rejected a CNTC request that an investigation be opened into
the the case, citing insufficient evidence. Although the CNTC
has declared its intention to pursue the matter further, there
have been no further developments in the case.
In addition to Pacheca, the press reported three other cases
in which prisoners died while in police custody, allegedly as
a result of beatings. None of the three cases has resulted in
legal action. Both FUSEP and National Directorate of
Investigations (DNI) also have been unofficially accused of
having engaged in the summary killing of habitual violent
criminals or of using unnecessary lethal force in the
apprehension of suspected criminals during the intensified
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HONDURAS
anticrime campaign. The lack of substantiation of the charges
made in the press makes it impossible to verify the validity
of the allegations.
It should be noted that the Committee for the Defense of Human
Rights in Honduras (CODEH) , a nongovernmental organization,
has compiled data of undetermined validity that would attribute
to the security forces significant numbers of abuses in all
categories. CODEH's President, Ramon Custodio, has been widely
criticized in Honduras as an unreliable source of information
because of his association with the far left. CODEH cites the
deaths of unidentified persons by unknown assailants as
"evidence" of the existence of "death squads." CODEH neither
presents, nor claims to have, evidence to support that charge.
CODEH has similarly charged the Armed Forces with other
violations, such as bombings and kidnapings, again without
substantiating its claims.
b. Disappearance
There have been no confirmed cases of politically motivated
disappearances in Honduras in 1987, although there have been
inconclusive charges that some people detained by the security
forces have disappeared. In March 1987, for example, CODEH
President Ramon Custodio announced that suspected subversive
Doris Rosibel Benavidez had "disappeared" and been murdered by
security forces after Custodio failed to find her in his own
inspection of DNI f acililities . Shortly after that charge was
made public, Benavidez appeared and sought asylum in the
Mexican Embassy, where she had been dropped off by unknown
persons. As Benavidez had not been charged with any crime,
the Honduran Government allowed her to depart for Mexico.
CODEH similarly claimed a disappearance had occurred in August
immediately after immigration authorities took into custody a
youth who had attempted to enter the country from the Soviet
Union on falsified documents. In a press conference, the
youth provided information indicating the methods by which
members of the Honduran radical left are able to enter and
leave the country clandestinely. The youth, whose self-exiled
stepfather is the Secretary General of the Honduran Communist
Party and whose mother is a fugitive suspected of a series of
bombings in Honduras, was turned over to juvenile court for
processing on a misdemeanor. He was released in January 1988,
by order of the Supreme Court under the Government's amnesty
program.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although torture is prohibited under the Constitution, abuse
of prisoners is not uncommon. The most commonly charged form
of abuse against prisoners in 1987 was physical beating.
There were, however, several cases in which more severe forms
of abuse, including the use of electric shocks, were charged.
The most widely publicized case involved 14 farmers detained
in October on charges of subversion. A number of those
detained showed visible signs of beatings when turned over to
the courts, and several claimed to have been given electric
shocks, to have had their heads covered by a hood during
interrogation, and to have been strung up by their hands. The
case was widely aired in the press and created considerable
public controversy, leading to investigations by both FUSEP
and the National Congress, which are still under way. All of
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HONDURAS
these farmers were released by the end of 1987, as part of the
amnesty law passed by the Congress under the requirements of
the Esquipulas II Peace Plan.
It is common for suspected criminals, when turned over to the
courts, to claim to have confessed under torture. However,
purported victims rarely offer evidence to substantiate those
claims, or even details of how they were tortured. The police
assert that persons turned over to the courts routinely make
such charges in recognition that Honduran law not only
nullifies confessions given under duress, but accepts as valid
only those confessions specifically repeated before the judge.
The police maintain that increasingly frequent use of such
charges complicates prosecution of credible cases. Disputes
over the handling of confessions have contributed to tensions
between the judiciary and the police. The judiciary does not
believe it is necessary to have a confession in hand in order
to reach a decision during the evidentiary period, while the
police tend to believe that the courts are too ready to
release even those with a history of habitual violence, as
evident in cases of defendants who are repeat offenders. In
October 1987, the police and judiciary formed a joint
commission to resolve their differences and ensure the
efficient and fair processing of suspected criminals.
FUSEP is not indifferent to charges of abuse and has taken
action to remove some offenders from its ranks. During 1987,
some 780 members of the Public Security Forces were
dishonorably discharged for abuses of authority. Those so
discharged are prohibited from subsequent service in any
branch of the Armed Forces. A number of FUSEP and military
personnel who were arrested and charged with more serious
abuses were turned over to military tribunals for trial.
Aside from abuses by individual members of the security forces
or other authorities, prisoners in the Honduran penal system
face inadequate nutrition and insufficient medical care.
Prisoners are allowed visits from friends or family, including
conjugal visits, and generally arrange for supplements to
their diet from outside. Problems in one prison in San Pedro
Sula erupted in rioting in late 1987. Prison authorities
resorted to armed force to put down the rioting and a number
of prisoners were killed. There were widespread charges by
the press that prison authorities had used excessive force in
this case.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under Honduran law, a person may be arrested only with specific
court authorization in the form of an order for arrest and must
be clearly informed of the grounds for arrest. The suspect may
be held no longer than 24 hours by security forces before being
turned over to the court, which reviews the evidence against
the person. Within 6 days, the court is obligated to order
either the release of the detainee or his remand to a penal
center pending trial. Bail is both available and frequently
used, although, in response to the sharp increase in crime,
the Supreme Court in July revoked the granting of personal
bail in cases involving assault and robbery. The legality of
this Supreme Court action remains a matter of controversy.
In practice, the police and other elements of the security
forces have been known to carry out detentions without
judicial orders, and there were several such cases in 1987.
Such violations appear to be the result of actions of
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HONDURAS
individual officers rather than an official effort to conceal
detentions. The police periodically violate the 24-hour rule,
holding detainees inconununicado during questioning prior to
turning them over to the courts or released. The security-
forces have taken the position that the 24 hours allowed is
both unreasonable and unrealistic. In most cases the period
of detention does not last for more than a few days, but that
period may extend to as much as several weeks if a person is
suspected of involvement in more serious crimes such as murder
or subversion.
A writ of habeas corpus can be filed with a court to locate
persons believed to be detained, and this recourse is
frequently used. Most subjects 6f habeas corpus writs are
released prior to the courts completion of action on the
writ. While the courts appear to carry out their obligations
with respect to habeas corpus fairly consistently, the
security foxces do not always comply with court orders for
personal appearance. This is particularly true when a person
is being questioned on matters affecting national security.
The Armed Forces generally assert that it is in the public
interest to retain custody until interrogation is completed.
That position has created frictions with the judiciary. The
Supreme Court President has indicated that prolonged detention
may be justified in certain national security cases, but the
law has not been revised and the matter remains contentious.
There have been no reported cases either of forced exile or
forced labor.
e. Denial of Fair Public Trial
All trials in Honduras are public; there are neither secret
tribunals nor political prisoners. Although 8 of 10 persons
granted asylum by the Mexican and Spanish Embassies during
1987 were allowed to leave the country, the Government of
Honduras did not recognize their claims of political
persecution. They were instead granted exit permission on the
basis that in none of the cases were there legal impediments
to their departure.
The law provides that every person accused of a crime has the
right to an initial hearing by a judge to assess the merits of
the charges, to bail, and to an attorney, provided by the
State if necessary. The defendant also has the right to an
appeal and is considered innocent until proven guilty.
Despite the comprehensiveness of the law in the matter of fair
trial, in practice these basic rights have not been fully
exercised, a reflection of continued weaknesses in the
judicial system. The failure to implement a public defender
program, as provided for in the Constitution, weighs heavily
on the indigent. There are numerous cases in which persons
accused of crimes, but lacking the means to hire an attorney
or to pay bail, have been detained for long periods of time
without any legal processing. Further, the acute lack of
resources that characterizes the judiciary, including the
absence of an adequate administrative system, chronic budget
inadequacies, and shortages of qualified personnel, contributes
to a backlog in the processing of legal cases. The Department
of Penal Institutions reported in July 1987 that only 1,384 of
the country's 3,270 accused criminals held in penal centers
had had their cases tried, of whom only 244 had been
sentenced. A survey of several prisons further indicated that
the majority of accused persons had already served their full
terms by the time they were judged and sentenced.
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HONDURAS
In an effort to alleviate a situation that is in violation of
basic constitutional guarantees, the Government took remedial
steps during 1987. In July President Azcona ordered a special
investigation that resulted, in September, in an order from
the Supreme Court to all lower courts to provide state
attorneys to indigent persons held without bail or otherwise
pending court processing. The President's legal advisor
reported in July that the Government had provided legal
defense for 163 farmers charged with the illegal takeovers of
private property, leading to their release. An additional 50
to 60 farmers similarly charged were urged to turn themselves
in and take advantage of the opportunity to resolve their
cases. Current plans are for the Honduran court system to
receive several million dollars in U.S. assistance over the
next several years to strengthen the judicial career system
and create a corps of public defenders.
The Supreme Court, consisting of nine magistrates, is
appointed by the National Congress and in turn appoints
approximately 400 judges at lower levels. The Constitution
provides for a judiciary equal to and independent of the other
branches of government. However, continued charges of
political influence on judicial decisions led the Supreme
Court President in February 1987 to form an investigatory
commission to review charges of corruption and judicial
irregularities. The ongoing work of the commission resulted
in a number of dismissals from the bench during 1987.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government respects the constitutionally provided rights
to personal and family privacy, and the inviolability of the
home and private communications. Telephonic and written
correspondence is generally free from monitoring, although, as
provided for by law, official review of such communications
may be authorized by judicial order for specific purposes such
as criminal investigations or national security. Similarly,
private homes may be searched with a specific judicial order
or in "urgent cases" in order to "impede the commission of
crimes or avoid grave harm to persons or property." There
were no known violations of these rights during 1987.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press,
rights that are vigorously exercised. The communications
media present political viewpoints ranging from lef t-of-center
to right. The media freely criticize both the Government and
Armed Forces. Although the press is in turn criticized for
sensationalism or bias, there have been no efforts to silence
it or to take reprisals.
Local radio stations--there are over 100--broadcast numerous
programs which allow free expression of opinion. The four
television stations, which broadcast throughout the country,
are privately owned. During 1987 there was at least one case
in which the media sharply criticized the police for impeding
access to the site of a police operation, although journalists
were allowed into the area after a short delay.
The Government and Armed Forces fully respect academic freedom
in Honduras. This is reflected in the intense activity of
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HONDURAS
university and secondary school academic and political
organizations, many of which are ideologically left of
center. Discipline of these often unruly, even violent,
groups is generally left to academic administrators rather
than the security forces.
While there were no cases in 1987 of restrictions on either
freedom of the press or expression by the authorities, in
October two radio stations were taken over by force by
self-proclaimed members of a Marxist-Leninist guerrilla group
known as the Cinchoneros. After tying up station employees,
the guerrillas forced the technicians at gunpoint to broadcast
a tape commemorating Che Guevara and two deceased members of
the group and threatening further violence in pursuit of their
goals .
b. Freedom of Peaceful Assembly and Association
The right to peaceful assembly for political, religious, or
other purposes is clearly spelled out in the Constitution. No
prior authorization or permit is necessary for such assembly,
although open-air assemblies may require a permit for the
"sole purpose of guaranteeing public order." There were no
known cases where peaceful outdoor assembly was prohibited
during 1987. The Government respects these freedoms, and they
are routinely exercised in demonstrations, marches, and
meetings of labor unions, political parties, professional
organizations, students, and human rights groups--many
expressing opposition to official policies.
Labor unions enjoy a 35-year history and are independent,
strong, and varied in political orientation. Most large
enterprises have a unionized labor force, and workers are free
to organize, bargain collectively, and strike. Honduras'
trade union movement maintains close ties with international
trade union organizations. The largest union group, the
Confederation of Honduran Workers, is an affiliate of the
International Confederation of Free Trade Unions. Next in
size is the General Workers Central, affiliated with the
Christian-Democratic World Confederation of Labor. The
Unitarian Federation of Honduran Workers is an affiliate of
the Communist-dominated World Federation of Trade Unions. The
three labor organizations claim to represent about 20 percent
of all Honduran workers, including a substantial number of
peasants and rural laborers.
Honduran labor and peasant organizations play an integral role
in the political process. They are consulted routinely by the
Government on issues affecting their interests and play a
watchdog role in relation to the President, his Cabinet, and
the Congress. Labor unions were actively involved in
monitoring the honesty and fairness of the last general
elections. Union leaders regularly travel to international
meetings, and several are members of the national legislature.
c. Freedom of Religion
Although a predominantly Roman Catholic country, Honduras has
no state religion. All forms of religious expression are
constitutionally guaranteed, and foreign missionaries,
including many Americans, operate in many parts of the
country. The only restriction on religious activity is the
Constitution's express provision that no minister of any
religion may hold a public office or engage in political
propaganda based on religious motives or beliefs.
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HONDURAS
While there is no attempt to control or impede the free
expression of religious beliefs in Honduras, the clergy is not
immune from detention for secular offenses. In July a
Belizean seminarian was detained by security forces as an
undocumented alien and held incommunicado for 5 days before
being deported to Belize. It was later stated that the
seminarian had been carrying allegedly subversive literature.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Hondurans freely travel within and outside Honduras. There
are no permanent travel restrictions for Hondurans or resident
foreigners, although national security concerns have led to
increased police checks for personal identification, which by
law must be carried at all times.
Exit visas are required to leave Honduras and constitute a
form of control over international travel. They are nearly
always granted without dispute unless the applicant is wanted
in connection with a crime.
Under the Constitution, Hondurans may be neither extradited
nor turned over to the authorities of another state.
Hondurans returning from Communist or Arab nations may be
questioned at length about their travels, and any Honduran
found to be involved with terrorist groups abroad is subject
to prosecution. For security reasons, citizens of all
Communist and most Arab nations need special permission to
enter Honduras.
Honduras has offered asylum to substantial numbers of refugees
from neighboring countries, although during 1987 there were
few new inflows of refugees. Most of the new additions to the
camps under the protection of the United Nations High
Commissioner for Refugees (UNHCR) were people who had been
living on the local economy for the last several years and who
decided to take advantage of the UNHCR ' s programs.
During 1987 there were as many as 20,000 Salvadoran, 26,000
Nicaraguan, and 550 Guatemalan refugees in Honduras living
under the protection of the UNHCR. Refugee experts estimate
that an additional 55,000 Nicaraguans (7,000 to 10,000 of whom
are Indians) have taken refuge in Honduras since 1979. Local
press reports place the number of unregistered refugees as
high as 150,000.
During 1987 the dominant theme in Honduran refugee affairs was
voluntary repatriation. This includes unregistered refugees
as well as those assisted by the UNHCR. On October 10-11,
4,213 Salvadoran refugees returned to their homes of origin in
the largest single group repatriation in the region. In 1987,
5,600 Salvadoran refugees repatriated, and 3,700 Nicaraguan
Indian refugees repatriated to Nicaragua's Atlantic Coast area.
Non-Indian Nicaraguans are the exception to the pattern.
During 1987 only 122 repatriated, in spite of Sandinista
government inducements to do so at the border point of Las
Manos .
Although conditions in the UNHCR camps are good, protection
problems continue in the Salvadoran refugee camps and in some
of the Nicaraguan Miskito settlements. There have been
credible reports of forced recruitment and intimidation by
political organizers linked to the Salvadoran guerrillas, in
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HONDURAS
some cases to prevent voluntary repatriation. Although
attempts by the Honduran Government to control such abuses in
the camps are considered threatening by some outsiders, the
Government continues to respect the authority of the UNHCR.
As a result of confrontations between Nicaraguan refugees and
Hondurans living in the Danli area, the Honduran Government
closed the Jacaleapa refugee camp to visits without prior
authorization and reviewed all previously issued travel
permits for the refugees resident in this camp.
Complaints by Honduran residents in the border areas that they
had been victimized by troops allegedly belonging to the
Nicaraguan democratic resistance, referred to in the 1986
report, were not repeated in 1987. Pressures on the Honduran
population were all but eliminated with the shift of focus in
fighting from the border area to well within Nicaragua
itself. During 1987 there were only two reported instances of
abuses by the resistance against Hondurans: one case was
disproven in separate investigations by the Nicaraguan
Association for the Protection of Human Rights (ANPDH) and
Honduran authorities, both of which concluded that the
suspects were not affiliated with the resistance; the second
case was dismissed for lack of evidence.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Honduras is a constitutional democracy with a republican
system of government composed of three equal and separate
branches--the executive, the legislative, and the judiciary.
The transfer of power is constitutionally mandated, with
national and municipal governments chosen by free, secret,
direct, and obligatory balloting every 4 years. The
Constitution guarantees all Honduran-born citizens the right
to hold office if they meet minimum age requirements; only
members of the clergy and the Armed Forces are barred.
Electoral reform laws passed in October 1986 provide for the
elections of officials of individual parties and for new
primary elections to determine the presidential candidates of
each party. There are currently four legal parties in
Honduras. The two major parties (Nationalist and Liberal)
represent 94 percent of the electorate, while two small
lef t-of-center parties, the Christian Democrats and the
National Innovation and Unity Party, account for the remainder.
In September 1987, the Liberal Party held internal elections
for local and national party leadership. The election was
fiercely contested by seven candidates, and the fervor of the
campaign was reflected in the extraordinary turnout for such
an election: over 600,000 Liberal Party supporters, or almost
50 percent of the party membership, cast votes. The election
process and result was judged free and fair by the
multipartisan, multi-institutional National Election Tribunal.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government cooperates with local and international human
rights organizations, and the President himself frequently
meets with visiting human rights delegations from abroad. The
governmental Inter-Institutional Commission on Human Rights,
established in January 1987, is responsible for answering both
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HONDURAS
domestic and international inquiries concerning human rights
and has sought to provide full information despite its limited
resources .
Within Honduras, the viewpoints, complaints, and criticisms
expressed by human rights organizations are given ample
publicity in the four daily newspapers and broadcast media.
The most vocal of the human rights-related organizations is
the Committee for the Defense of Human Rights in Honduras
(CODEH) , headed by Ramon Custodio. Although CODEH has been
aggressive in drawing attention to human rights abuses, most
Hondurans consider it to be a partisan organization. CODEH is
publicly identified with the support and defense of leftist or
radical causes, a political orientation evident in the written
materials distributed abroad by the organization. CODEH's
politicization and reluctance to speak in defense of victims
of the violent left led to public demonstrations against it in
May 1987, following the deaths of two persons and the wounding
of a DNI officer by what were assumed to be Communist
guerrillas. Under public pressure, the president of CODEH
eventually criticized the attack. Despite efforts by the
Inter-Institutional Commission on Human Rights to work with
CODEH toward the resolution of specific complaints, CODEH has
failed to respond to requests to make available for
investigation its pending cases.
The Government has cooperated with inquiries into cases of
alleged human rights abuses and has opened its own
investigations when charges have been brought to its
attention. This cooperation has extended to such
international bodies as the Inter-American Court of Human
Rights, the jurisdiction of which has been accepted
unconditionally by Honduras. During September 1987, Honduras
defended itself before the Court in three cases of persons
alleged to have disappeared in the 1981-82 period. (These are
the first such cases ever brought in Latin America. The only
other Latin American country that has accepted unrestricted
jurisdiction by the Court is Costa Rica.) A decision in these
cases is pending. The complaints were brought before the
court by CODEH, which took a leading role in the prosecution.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution expressly prohibits discrimination on the
basis of sex, race, class, or any other basis. Education is
equally available to both males and females, but in practice
women are limited in some careers because of strongly held
cultural values and attitudes, despite the absence of any
overt impediment. There are seven women in the national
Congress. Ethnic minorities, while they enjoy full equality
under the law, continue to be the object of some social
discrimination .
CONDITIONS OF LABOR
The Constitution and the labor code require that all labor be
fairly paid and limit the hiring of children under 16 years of
age. Although minimum wages, working hours, vacations, and
occupational safety are regulated by law, such regulations are
frequently ignored in practice. The daily minimum wage varies
by occupation, ranging from $2.30 to $3.55 per day. There is
no widespread pattern of wage discrimination against women in
the work force, although some work commonly performed by
women, such as domestic and secretarial jobs, is compensated
531
HONDURAS
at a rate generally lower than some manual labor performed by
male workers. The standard work period is 8 hours per day and
44 hours per week. The labor code provides for a paid vacation
of 10 workdays after 1 year and 20 workdays after 4 years.
Despite violations of these laws by individual employers,
workers' rights are generally respected, and the right of
labor unions to defend them is supported in law and in
practice.
532
JAMAICA
A member of the British Commonwealth, Jamaica is a
constitutional parliamentary democracy with a mixed economy
emphasizing the private sector. The Governor General,
appointed by the Crown on the advice of the Prime Minister,
represents the Queen, while the elected Prime Minister, the
leader of the majority party in Parliament, is the country's
chief executive. The Parliament is comprised of an elected
House of Representatives and a Senate, appointed by the
Governor General, normally with the advice of the Prime
Minister and the leader of the opposition.
Two major political parties have alternated in power since the
first elections were held under universal suffrage in 1944.
The Jamaica Labour Party (JLP) has held the majority in
Parliament since 1980. The Constitution requires that
national elections--last held in December 1983--be called at
least once every 5 years. The People's National Party (PNP)
boycotted that election due to a dispute with the JLP over the
timing of the election. Consequently, the JLP won all 60
seats in the House of Representatives. The next national
elections must be held before March 15, 1989.
The Prime Minister has attempted to compensate, in part, for
the absence of an elected parliamentary opposition by asking
the Governor General to appoint independent senators to the
upper chamber. In nationwide elections for local parish
councils in 1986, the PNP won a majority, confirmation that
Jamaican democracy continues to function.
The small, apolitical security apparatus, directed by the
Ministry of National Security, consists of the Jamaica
Constabulary Force ( JCF-police) , the Jamaica Special
Constabulary Force (JSCF), and the Jamaica Defence Force
(JDF) . Since 1974 the JDF has been authorized to conduct
joint operations with the JCF to maintain peace and order
under the Suppression of Crime Act.
The Seaga Government took office in 1980 with a mandate to
implement sweeping economic reforms. It has enacted
comprehensive tax reform, a major currency devaluation,
removal of price controls, deregulation of most imports,
reduction of the public sector work force, and divestment of
many state enterprises. After a decline in gross domestic
product in 1985, the economy registered a 2 percent growth
rate in 1986 and over 5 percent growth rate throughout 1987.
Tourism, bauxite and alumina production, light manufacturing
and agriculture are important for the Jamaican economy.
In 1987 human rights generally were respected in Jamaica.
Violent crime remains a major social problem, particularly in
the Kingston area. The police often resort to the use of
lethal force in dealing with criminals who themselves
frequently use firearms. Newspaper editorials, Jamaican and
international human rights advocates, the Parliamentary
Ombudsman, and the Police Commissioner have consistently
criticized killings by the police. The Jamaica Council for
Human Rights estimated that 137 people were killed by the
police between January and September 1987 under what it found
to be suspicious circumstances. The excessive use of lethal
force by the police continues to be one of the country's most
persistent human rights concerns.
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JAMAICA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Officially sanctioned murder of political opponents does not
occur in Jamaica. However, Jamaica does suffer from a high
rate of violent crime, some of which has political overtones.
Supporters of both major parties, as well as the Communist
Workers Party of Jamaica, occasionally resort to violence to
advance their political agenda, to prevent rival parties from
engaging in legitimate political activities, including voting,
and to punish those believed to have harmed their party's
interests. The legal system often has been ineffective in
dealing with cases of presumed political killing because of a
code of silence adhered to by suspects, victims, and witnesses
alike and the reluctance of the police to get involved in
political disputes.
In the past, violence aimed at disrupting the political
process has reached its peak during elections. Hundreds died
during the last contested national elections in 1980, and
three persons were killed in violence associated with the 1986
local elections. Cooperation between the major parties to
minimize violence made the 1986 local elections the most
peaceful in many years. After the 1986 elections, the
Government formed an independent commission to investigate
electoral irregularities. One of the commission's major
recommendations was that the JDF, rather than the police, be
given responsibility for patrolling areas historically prone
to political violence. The JDF is perceived by Jamaicans as
best equipped to take effective action in such areas.
Talks begun during the 1986 elections aimed at defusing
tensions between the parties' leadership and between JLP and
PNP partisans continued in 1987. Most such meetings were held
at the General Secretary level and involved other ranking
officials from both parties. A meeting of the two party
leaders was scheduled and then called off in July; both sides
anticipate rescheduling the meeting.
b. Disappearance
There was no evidence of abduction, hostage-taking, or
disappearances perpetrated by the security forces. However,
the JCF can legally take individuals into custody without an
arrest warrant and occasionally holds individuals suspected of
criminal activities incommunicado for short periods. In nearly
all these cases, the individual is released once relatives or
associates of the detained person protest.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Section 17 of the Constitution prohibits torture or inhuman or
degrading punishment or other treatment. Despite this,
suspected criminals are often beaten or mistreated by police
while being held in local police stations. In previous years,
some persons have brought suit successfully against the police
for unlawful actions, and the Government had to pay damages.
There were no such suits in 1987.
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JAMAICA
Violent police actions, particularly the excessive use of
lethal force in dealing with suspected criminals, occasionally
spark impromptu demonstrations, including roadblocks. More
selective recruitment and better training for the police are
being stressed, but the pace of reform has been slow.
Armed commercial guard forces, which have proliferated in
recent years, have also been the subject of complaints. The
problem is exacerbated by the fact that guard forces typically
hire less qualified applicants than do the police and provide
less training. The Prime Minister announced in July his
intention to introduce legislation requiring licensing of and
standardized training for commercial guard forces.
Lynching of persons suspected of stealing livestock or crops,
housebreaking, and rape occurs with some frequency in rural
Jamaica. Such incidents are often reported in the media, but
prosecution of vigilantes is rare.
Prison conditions in Jamaica are substandard, particularly in
the police station jails. The Parliamentary Ombudsman visited
many police station jails in 1987 in preparation for a report
to Parliament and reported on the extremely poor conditions in
those facilities. Overcrowding, unsanitary conditions,
inadequate food, and limited medical care for inmates are the
norm for these detention facilities. According to the
Ombudsman, conditions in the two maximum security prisons are
marginally better than in the police station jails, but
similar problems plague the prisons.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under the Suppression of Crime Act, extended at 6-month
intervals since its adoption in 1974, security forces do not
need a warrant to detain persons "reasonably" suspected of
having committed a crime. Although conceived of as an
extraordinary measure, security forces rely on the Act
extensively, and detention of suspects without a warrant
occurs regularly, particularly in poor neighborhoods. Almost
all detainees are released without being charged.
Police must record detentions and are responsible for ensuring
that detainees appear before a member of the judiciary within
24 hours of detention. However, there have been instances of
detainees being held for 2 weeks or longer without being
brought before a judicial officer. Many detainees are unaware
of their right to timely judicial review of the grounds for
their detention. The Jamaica Council for Human Rights
indicates that 90 percent of its caseload involves assisting
people attempting to locate and gain the release of detained
family members. The Council reports that supervisory police
officers have been more cooperative in recent years in
providing information about detained persons.
For suspects charged with a crime, a functioning system of
bail is available. Bail is set by the local police supervisor
in minor cases, but a judicial officer sets bail for those
charged with more serious crimes. Persons unable to make bail
while waiting for a judicial hearing are often detained for
long periods. Outsiders are permitted access to the accused.
There are no political prisoners in Jamaica.
The Constitution does not specifically address the matter of
forced or compulsory labor. Jamaica is, however, a party to
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JAMAICA
the International Labor Organization Convention which prohibits
compulsory labor. There have been no allegations of this
practice in Jamaica.
e. Denial of Fair Public Trial
The judiciary is independent. Persons charged with criminal
offenses have access to legal representation, and legal
counsel is provided to indigents in criminal cases. The Court
of Appeal and the Parliament may refer cases to the Judicial
Committee of the Privy Council in the United Kingdom. The
legal system is overburdened and inadeguately supported by the
Government. Some cases take years to come to trial, and
others have had to be dismissed due to the inability of the
courts to locate case files. Regular trials are open to the
public. Defendants can present evidence and challenge the
prosecution's evidence.
In addition to the regular courts, the Gun Court was
established in 1974 as an extraordinary system for dealing
with violent crime. The Gun Court considers all cases
involving the illegal use or possession of firearms and
ammunition. Public attendance is restricted, and less
stringent rules of evidence are used. In capital cases,
hearings before the Gun Court serve as preliminary hearings to
jury trials under the jurisdiction of the Supreme Court. The
1983 Gun Court Amendment Act eliminated several of the special
exceptions to normal judicial rules and procedures which had
applied to the Gun Court.
Intimidation of witnesses is a chronic problem hampering
criminal prosecutions in Jamaica. Jurors also have reported
receiving threats from associates of criminal defendants. The
Parliamentary Ombudsman reported that similar threats and
intimidation are directed against witnesses and jurors in
criminal cases where the accused is a policeman. Some
convictions have been obtained for such attempts to subvert
the judicial system. A respected judge who had been active in
antinarcotics cases was murdered in November.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
! The Constitution prohibits arbitrary intrusion by the State
I into the private life of the individual. Individual rights
! are protected. However, the Suppression of Crime Act permits
entry without a search warrant into homes or businesses
believed to be occupied by persons "reasonably" suspected of
having committed a crime. This authority is sometimes abused
by the police, especially in poor neighborhoods. Regulations
approved by Parliament in 1980 require that every effort be
made by security forces to have the owner or occupant of the
premises present during any search.
Section 2 Respect for Civil Liberties, Including:
I a. Freedom of Speech and Press
Freedom of speech and press are provided for by the
Constitution and are observed in practice within the broad
limits of libel laws and the State Secrets Act. Jamaica's
principal privately owned newspaper. The Daily Gleaner, has
been critical of Jamaican governments through the years.
Several smaller circulation newspapers and magazines are also
(published. Foreign publications are widely available. The
80-779 0 - 88 - 1i
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JAMAICA
government-owned and -operated Jamaica Broadcasting Company
(JBC) includes two radio stations and the island's only-
television channel. JBC has typically been accused of bias in
favor of the Government by whichever party is in opposition.
The only other broadcasting company is privately owned Radio
Jamaica (RJR) . Although the Government has an equity holding
in RJR, the company is independent and its broadcasts are
often critical of government policies.
In July Prime Minister Seaga announced that the Government
would sell its RJR stocks and would offer new licenses for
additional commercial, religious, and public broadcasting
radio stations. Further, three licenses for television
stations would be offered--one commercial station, one
religious, and one public broadcasting station. It is
anticipated that the public broadcasting station will be
formed from the existing JBC-TV. There is no censorship or
interference in academic studies.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association. Large numbers and varieties of professional
groups; private business, service, social, and cultural
associations; and trade unions function freely.
Public rallies are staged by all political parties. Such
events require a police permit, which is normally granted.
The opposition PNP and the ruling JLP held rallies and
meetings throughout the island during 1987.
Workers and employers enjoy the freedom to establish and
direct trade and labor organizations. Although it is not
required, such organizations generally apply for registration
with the Ministry of Labour. The Ministry of Labour's trade
union roster now lists 78 active groups including several
employer organizations. The Labor Relations and Industrial
Disputes Act (LRIDA) of 1975 codifies regulations on workers'
rights. Union members draft or redraft organizational
constitutions and rules, elect officers, determine objectives
and affiliate with national or international umbrella
groupings, select delegates to conferences, and freely perform
other functions. Most unions have joined democratic
international trade secretariats, the Caribbean Congress of
Labour, and the International Confederation of Free Trade
Unions. The Christian-Democratic Workers Confederation of
Labor has attracted one Jamaican adherent, and two small
unions are affiliated with the Communist World Federation of
Trade Unions. Labor and management groups select their own
delegates to tripartite meetings of the International Labor
Organization (ILO).
By law, union affiliation may not be a prerequisite for
employment. Labor, management, and government are committed
by law and in fact to collective bargaining in contract
negotiations. When labor and management fail to reach an
agreement, cases may be referred to the Ministry of Labour for
adjudication. The Industrial Disputes Tribunal (IDT) forms
the first appeal level, and, if necessary, cases then pass to
the civil courts. Unions protested a 1986 LRIDA change that
allows the Minister of Labour unilaterally to refer cases
involving the national interest to the IDT. Opposition PNP
president Michael Manley has promised to remove the provision
if elected.
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JAMAICA
The right to strike is neither endorsed nor forbidden by law;
Jamaican unions and workers do strike. Striking workers are
immune to criminal liability but cannot be certain of
retaining their jobs.
Jamaican unions have enrolled about 25 percent of the work
force, and the two largest unions have direct organizational
and leadership ties to the two major political parties — the
Bustamante Industrial Trade Union is affiliated with the
ruling JLP, while the National Workers Union is affiliated
with the PNP. Both unions maintain their independence and
sometimes take positions in opposition to their respective
parties. A third, smaller union, the University and Allied
Workers Union, is affiliated with the Communist Workers Party
of Jamaica and mirrors its policies.
Labor laws apply to the three export free trade zones as well
as to domestic industries. Government officials have cited a
need for more compliance verification in the free zones but
have stated their belief that most employers obey legal
requirements. Only 2 of the 18 factories in the Kingston Free
Zone (KFZ) have union representation, and unions have alleged
that employers in the Zone have colluded to obstruct
unionization of the work force. Workers in some KFZ plants
conducted short work stoppages in 1987 to protest conditions.
c. Freedom of Religion
Freedom of religion is guaranteed by the Constitution and is
well established in Jamaica. More than 80 percent of the
population belong to various Christian denominations, and
religious groups of all kinds operate freely. Evangelical
Christian movements have gained a significant following in
recent years, and foreign evangelists visit Jamaica and
proselytize freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration and Repatriation
The Constitution provides for freedom of movement, the right
to reside wherever they choose, and immunity to expulsion from
the country. There are no restrictions on foreign travel or
emigration. Citizenship is not revoked for political reasons.
Jamaica does not have a declared general policy on refugees,
in part because so few persons apply for that status. Those
who apply are handled on a case-by-case basis. The country
does not often accept asylum seekers, primarily for domestic
economic reasons. Jamaica is a party to the U.N. Convention
and Protocol Relating to the Status of Refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Prime Minister and his Cabinet exercise executive power.
The executive usually takes the initiative in legislative
matters and is responsible to the House of Representatives.
The Constitution requires that an election be held not later
than 5 years after the first sitting of the preceding
Parliament, but the Prime Minister can call national elections
anytime within that period. The Government has thus far
resisted calls for new elections much before the expiration of
its term in 1989.
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JAMAICA
In 1986 nationwide local elections were held to fill parish
council seats. In these hotly contested elections, the PNP
recei.ved 57 percent of the overall vote and gained control of
12 of the 13 parish councils.
In response to allegations of irregularities during the 1986
elections. Prime Minister Seaga appointed an independent
conunission to investigate. In its report, made public in
September, the commission found that gangs of armed party
supporters linked to both major parties were active in parts
of Kingston and neighboring St. Catherine during the election.
These gangs intimidated voters and sometimes forced voters to
cast their ballots in open view. The commission also reported
instances of ballot box-stuffing and theft. It recommended
that the security forces be deployed during future elections
to historically troubled areas in numbers sufficient to
prevent intimidation and fraud.
Beginning in January 1987, the PNP held a series of rallies
around Jamaica to press a demand for an immediate general
election. The PNP at first threatened a campaign of civil
disobedience if its demand was not met, but it later dropped
this threat. These PNP rallies took place in an open and free
atmosphere, and neither the Government nor the security forces
impeded the rallies. The JLP also conducted its own series of
rallies around the country in 1987.
The widespread political activity in 1987 in anticipation of
parliamentary elections by early 1989, combined with the
comparatively peaceful 1986 local elections, clearly
demonstrated that the democratic tradition remains strong in
Jamaica, despite the anomalous situation caused by the current
one-party Parliament.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no restrictions on human rights organizations in
Jamaica. The Jamaica Council for Human Rights ( JCHR) , the
only local human rights organization, has vigorously protested
abuses by the police and has called for police reform. The
JCHR protests alleged abuses to the police and judiciary on a
case-by-case bisis and did not issue any official reports in
1987. The JCHR has reported informally, however, that 137
people were killed by police between January and September
1987 under what it found to be suspicious circumstances.
Americas Watch visited Jamaica in 1986, and subsequently
issued a report which claimed that the police engaged in a
practice of summary executions of criminal suspects, killing
more than 200 persons in each of the last 7 years. The report
alleged that victims sometimes included bystanders and
individuals involved in personal grudges with policemen.
No foreign human rights groups visited Jamaica in 1987.
The JCF Commissioner and the Minister of National Security are
acting to improve significantly the professionalism and
discipline of the JCF. A senior JCF Commissioner was assigned
to improve respect for human rights by the police. In 1987
over 70 Jamaican policemen received specialized training in
criminal investigative techniques. The training courses had
segments stressing the importance of good community relations
and human rights. Credible sources indicated that following
the release of the Americas Watch report, incidences of police
539
JAMAICA
killings and beatings dropped substantially for about 3
months, but that such occurrences were again on the upswing in
1987.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Jamaican women are accorded full equality under the
Constitution, and the 1975 Employment Act guarantees them
equal pay for equal work. Women hold influential positions in
the Civil Service and in the Government. Nevertheless, because
of cultural and social values, women often suffer economic
discrimination, frequently evidenced in hiring practices.
Access to higher paying jobs outside traditionally female-
dominated sectors is limited, particularly in the private
sector. The 1975 Act helped narrow the gap between men's and
women's salaries, but disparities remain.
CONDITIONS OF LABOR
The Juvenile Act provides that no child under age 12 shall be
employed except by parents or guardians. Such employment can
only be in domestic, agricultural, or horticultural work.
Children under age 12 may not be employed at night or at any
industrial site. Despite the laws on child labor, children
under 12 are often seen peddling goods and services on the
streets. There is no evidence of widespread illegal
employment of children in other sectors of the economy.
Under the Factories Act, all plants must be registered and
approved by the Ministry of Labour before they can begin
operations. The Ministry's Industrial Safety Division is
required to make yearly inspections of all facilities. In
practice, because of budget constraints, these site
inspections often are not performed. The Ministry has no
authority to oversee private-sector work sites and other
places of employment which do not meet the statutory
definition of a factory. Other laws establish minimum
standards for working conditions.
The Government established a minimum wage of Jamaican $80
(approximately US $14.75) a week in 1985. Payment of that
rate appears to be enforced, and it is adequate to support
minimum food and shelter needs. Legislation in 1985 also
established a standard workweek of 42 hours, which appears to
be enforced.
540
MEXICO
Mexico is a Federal Republic which has been dominated by the
Institutional Revolutionary Party (PRI) since the party's
founding in 1929. Periodic political reform has expanded the
opposition's role and stake in the political system;
nevertheless, the PRI has maintained its preponderant
political control throughout the Republic by a combination of
voting strength, organizational power, and, as some opposition
parties and observers allege, electoral fraud.
Mexico has a mixed economy, combining elements of domestic
market capitalism with state ownership of major industries
(parastatals) . Through a program of divestiture of some
uneconomic parastatals, the Government is increasing the role
of the private sector in the economy.
The 1917 Constitution stipulates that power be divided among a
bicameral legislature, a judiciary, and an executive. In
Mexico's highly centralized system, however, the President's
powers far outweigh those of the other branches. Despite this
centralization of authority, municipal, state, and federal
police do exercise significant authority in their respective
areas of jurisdiction.
A high degree of individual freedom, regardless of race,
creed, color, or sex, is provided for by the Constitution and
honored in practice. Freedom of association is demonstrated
by the existence of numerous political parties as well as
civic associations. Freedom to pursue private interests and
hold private property is virtually unrestricted for Mexican
citizens .
Mexico is currently experiencing human rights difficulties
principally, but not exclusively, in those areas of law
enforcement involved with drug trafficking. In addition, the
perennial rural conflicts over title to land continue to
result in the deaths of peasants who confront local landowners
and their employees. Abuse of prisoners continues; 91 U.S.
citizens reported physical mistreatment by prison authorities.
Human rights abuses persist in a number of areas, and, although
the Government states that it has taken steps to improve
respect for human rights. Amnesty International has continued
to express concern about mistreatment and torture of prisoners.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
In Mexico's rural states, especially Oaxaca, Chiapas, Veracruz,
Hidalgo, and Guerrero, disputes over land title continue to
take place, and violence sometimes occurs. The Federal
Government is continuing its efforts to curb such violence.
Attorneys general from the various states meet frequently with
national law enforcement and secretariat of government
officials to pursue this goal, but violations continue
nonetheless. Paramilitary bands and police controlled by
local political bosses (caciques) and landowners are often
accused of oppressing and even murdering peasant activists.
Peasant organizations charge that at least 123 peasants were
killed in confrontations in the first 7 months of 1987.
Similar charges have come not only from independent peasant
organizations, but also from the PRI-af filiated National
541
MEXICO
Confederation of Peasants (CNC) . The independent groups
attribute the killings to persons employed by local landed
political bosses, as well as to members of the CNC and to the
local police. For its part, the CNC blames fatalities in its
ranks on independent unions encouraged, it says, by leftist
political activists. Others, however, suggest that most CNC
casualties stem from internal CNC power struggles.
Rafael Caro Quintero, Ernesto Fonseca Carrillo, and more than
60 other individuals accused of involvement in the kidnaping
and murder of U.S. Drug Enforcement Agency (DEA) agent Enrique
Camarena remain in jail as Mexican state and federal courts
consider the cases against these suspects. Progress in these
trials has been slowed by the submission of procedural appeals
which must be adjudicated prior to the other proceedings. In
the interim, investigative work continues into a possible
relationship between Camarena "s murder and the 1984
disappearance of five U.S. citizens and a legal permanent
resident, thought to have been mistaken by Caro Quintero
associates for DEA agents.
b. Disappearance
According to the Committee in Defense of Prisoners, the
Persecuted, Disappeared Persons and Political Exiles of
Mexico, a Mexican human rights organization, their records
show a total of 543 disappeared persons in Mexico. The
Committee claims that during the administration of President
Miguel de la Madrid, there have been 24 disappearances of
persons whose whereabouts remain unknown, with 3 having
allegedly disappeared in 1987. The three known incidents
are: Gabriel Fernando Valles Martinez, a judicial police
commander who disappeared in Durango in February; Juan Ramon
Vasquez , a peasant leader who disappeared in rural Oaxaca in
May; and Antonio Alcala Alba, a union leader and professor who
disappeared in Mexico City in June. Human rights activists
accuse military and police authorities of responsibility in
two of the three cases of disappeared persons which have
occurred this year.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited by the Constitution, and according to a
July 1987 executive decree, Mexico intends to adhere to the
Inter-American Convention for the Prevention of Torture, which
bans the use of torture by government officials or police.
Nevertheless, human rights organizations continue to charge
that law enforcement officials employ psychological and
physical abuse, most often in the period immediately following
arrest and especially during interrogation.
Six former Mexican police officials have been incarcerated in
connection with the August 1986 torturing of DEA Agent Victor
Cortez. A court in Guadalajara is now proceeding with its
consideration of their case. One other former policeman
charged in the case has, thus far, eluded apprehension.
The Attorney General of Mexico has stated that the use of
torture to extract confessions is an illegal and unacceptable
substitute for investigative work. Furthermore, the
Administration continues to recruit new personnel into the
various police forces and is emphasizing education and
training in legitimate investigative skills. In addition, the
Attorney General's office has contracted with human rights
542
MEXICO
organizations to provide courses designed to sensitize law
enforcement personnel to the need to respect human rights.
The use of torture and the subjection of prisoners to inhumane
treatment is still reported. For example, the Sinaloa
Federation of Lawyers charged in September that the Federal
District Attorney's Office in Mazatlan maintains illegal
detention and torture cells. The local commander of the
Mexican Federal Judicial Police (MFJP) denied the use of
torture but admitted that the MFJP maintained cells for the
detention of dangerous suspects.
Human rights activists and media accounts allege that in May
two inmates of the San Luis Potosi State Prison were murdered
by an assassination squad of inmates operating under orders of
the prison administration. The two men had reportedly led
protests against the prison authorities for embezzlement and
brutality. In what is seen as a partial response to the San
Luis Potosi incident, the Chamber of Deputies is considering
establishment of a special subcommittee on human rights that
would inspect Mexican prisons and propose reforms.
Since publication of the last human rights report, the U.S.
Embassy in Mexico City lodged formal diplomatic protests with
the Mexican Government regarding 16 American citizens who
alleged that they had been mistreated while in the custody of
various Mexican law enforcement agencies. The Mexican
Government has responded to only 2 protest cases, although
officials claim to be investigating all 16 cases. In 75 other
cases, American citizens reported that they had been
physically mistreated by Mexican authorities but asked that
the Embassy not protest.
The U.S. Embassy has noted an increase in the incidence of
mistreatment in the State of Sonora. In the first six months
of 1987, 12 American citizens claimed that MFJP officers in
the state had inflicted various forms of torture on them.
Forms of mistreatment reported include forcing of soda water
up the nose, electric shock to various parts of the body, and
beatings. The Embassy strongly protested such treatment but
has never received a satisfactory response from the Mexican
Government. Apparently the MFJP has launched an internal
investigation and several MFJP employees have been fired.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Mexican citizens have the right to seek restraining orders and
to make appeals ("amparo"), a constitutional protection
provided against "coercive and abusive acts of authority."
Incidents of arbitrary arrest and imprisonment occur most
frequently in criminal cases. In a recent reform of the
restraining order/appeal system, certain categories of persons
are automatically granted such petitions.
Human rights activists report there are currently 150
political prisoners in the country, the majority of whom were
arrested in disputes over land titles, and that some of these
prisoners have been held for extended periods of time. In
many such cases, especially those involving land tenure,
persons termed political prisoners are, according to the
Government, actually guilty of common crimes, such as
terrorism, criminal association, and damage to property. The
Government has consistently denied that it holds political
prisoners .
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MEXICO
Despite legal prohibitions against forced or compulsory labor,
there are reports that, in remote areas where illegal drugs
are cultivated, peasants and indigenous peoples have been
forced to labor for drug traffickers.
e. Denial of Fair Public Trial
Under the Constitution, trial and sentencing must be completed
within 12 months of arrest for crimes that would carry at
least a 2-year sentence. Despite efforts to adhere to the
constitutional requirements, this standard is often not met
because of delays caused by cumbersome court procedures and
case backlogs.
In September the President proposed to the Congress 30 reforms
to the Federal Penal Code intended to broaden the rights of
the accused. Among the most important reforms would be
speedier trials and more careful examination of charges before
formal indictments are handed down.
The political opposition complains that with judges serving in
office under renewable appointments, the Judiciary is dependent
on the executive branch. The Government denies that personal
political beliefs have any bearing on the impartial
administration of justice. However, factors such as low pay
for judges and law enforcement officials and high caseloads
contribute to the alleged corruption in the judicial system.
Trial is by judge, not jury, in nearly all criminal cases.
Defendants have a right to counsel, and public defenders are
available.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Article 16 of the Constitution provides for the privacy of
individuals. Although the Government generally does not
intrude on this right and search warrants are required by law,
opposition political figures believe their movements are
monitored. In conflicts over land titles, peasants and urban
squatters have charged that local landowners, accompanied by
police, have entered their homes without appropriate judicial
orders, and that these incidents are sometimes accompanied by
violence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and freedom of the press are provided for by
the Constitution. During the course of the current
Administration, the Government has tolerated much direct
public criticism and boldly written press articles have
appeared. Mexico's press is a primary source for reporting
allegations of human rights violations.
According to the media, during 1987 several journalists died
violently or under suspicious circumstances. Retaliation for
coverage of local problems may have been a motive in their
deaths. In addition, four incidents of assault against
journalists have been brought to the public's attention. For
example, Oscar Santiago Crisanti, a reporter for the newspaper
El Mundo de Tampico, was shot and severely wounded in March,
shortly after he accused municipal police of having hired
known criminals.
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MEXICO
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly
for any lawful purpose. A government permit is generally
required for major demonstrations. Within the Federal
District, opposition political groups as well as peasant and
indigenous organizations are allowed frequent access both to
main boulevards and to the city's large central square for
their demonstrations. In rare instances, unauthorized
marches, sit-ins, and other forms of protest are broken up
forcibly by police and security forces, especially in areas
outside the capital.
Basic trade union, worker, and employee rights are protected
under Mexican law. The rights of workers to organize trade
unions, to bargain collectively, and to strike are provided
for under Article 123 of the Constitution.
Mexico has a multiplicity of trade union organizations, most
but not all of which are affiliated with the PRI . By far the
largest of these are the Mexican Workers Confederation (CTM)
and the Federation of Government Workers Unions (FSTSE) , which
includes most government workers. The CTM and FSTSE, as well
as smaller federations and independent but PRI-af filiated
unions, all belong to a loose, umbrella-like labor organization
known as the Congress of Labor. Independent unions outside
the Congress of Labor, some with a conservative orientation
and others of a pronounced leftist or radical orientation,
also exist. The majority of organized peasants belong to the
PRI-af filiated National Confederation of Peasants (CNC) .
Unions in Mexico are permitted to maintain relations with
recognized international bodies. The CTM is affiliated with
the International Confederation of Free Trade Unions (ICFTU)
and is a leading member of the ICFTU' S Inter-American Regional
Organization of Workers (ORIT) , which is headquartered in
Mexico City. The CTM always provides the Mexican worker
delegate to the International Labor Organization.
A number of Congress of Labor independent unions are also
affiliated with various international trade secretariats. The
Communist-controlled World Federation of Trade Unions regional
inter-American organization maintains its headquarters in
Mexico City.
c. Freedom of Religion
Under the Constitution, individuals are free to practice the
religion of their choice. However, no religious body has
legal standing. The Constitution prohibits the clergy from
participating in politics, voting, owning real estate, or
wearing religious garb in public. Some of these prohibitions
are not strictly enforced; neither is a constitutional
restriction against preuniversity religious schools, many of
which exist.
Mexico is predominantly Roman Catholic. Protestant, Mormon,
Jewish, and other religious communities also exist and are
free to practice their forms of worship. Protestant
evangelists and Mormons, principally from outside Mexico, are
active and especially successful in certain rural, largely
indigenous communities. Some critics have stated that the
Government is selectively enforcing the anticlerical laws to
favor the predominant Roman Catholic Church. Other critics
have asserted that, in some outlying areas, the laws are not
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MEXICO
being enforced against evangelical activities in order to
reduce the influence of the Catholic Church.
A change in the Federal Electoral Code in 1986 subjects clergy
to large fines and even imprisonment if they are found guilty
of inducing the electorate to vote for or act against a
candidate or fomenting abstention and disorder. There are
indications the Chamber of Deputies may review the Code during
the current legislative session.
Catholic and private educators have criticized the Government
for forcing them to use government-mandated textbooks in
religious and private schools. Critics have complained of the
textbooks' treatment of businessmen and free enterprise.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within and outside the country is
unrestricted, except for some areas along the Guatemalan
border which have been closed to the public by the military
due to unsettled conditions. Mexico has about 40,000
Guatemalan refugees who reside in camps in southeast Mexico.
Some 800 Guatemalans voluntarily repatriated from Mexico in
1987. There have been no reports of forcible repatriation of
refugees .
Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government
Since 1929, Mexico has been ruled by the PRI . To secure its
continuance in power, the PRI has relied on extensive public
patronage, massive government and party organizational
resources, and, some opposition parties charge, electoral
fraud in those contests where developed opposition party
strength exists. Nevertheless, a total of nine political
parties enjoy representation in the Chamber of Deputies.
The President and senators are elected for 6-year terms. The
1986 Electoral Reform Law directs that one-half of the
nation's Senators be elected every 3 years. Deputies are
elected for 3-year terms, during the election of the President
and, thereafter, midway through the presidential term. State
governors are elected for 6-year terms, with elections
staggered in the various states throughout the course of the
presidential term. Members of the unicameral state
legislatures and all mayors are elected for 3-year terms.
These elections are also staggered and, by law, no one may be
reelected to the same office.
Both Mexican and foreign journalists, as well as opposition
parties, charged the PRI with electoral fraud in several 1987
elections. Criticism of government electoral practices has
generally come from the center-right National Action Party
(PAN), though leftist opposition parties have recently joined
in such denunciations. In the 1987 State of Mexico elections,
the PAN accused the PRI of fielding a gubernatorial candidate
who did not meet residency requirements. It also claimed that
the PRI engaged in such irregularities as purchasing votes
with food coupons, stuffing ballot boxes, and intimidating
voters and opposition party poll watchers. In both Mexico and
Hidalgo states, such practices are alleged to have contributed
to voter apathy and high rates of electoral abstention.
Hidalgo's largely rural population and poor communications may
also have been factors. The Government has on occasion
reversed electoral devisions where fraud has been alleged, and
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has admitted that the electoral system is an imperfect one
which could and should be improved.
Opposition parties are guaranteed access to the public media,
and seats in the state and federal legislatures are reserved
for them. However, the opposition charges that access to the
media is highly unbalanced given the day-to-day exposure which
the PRI receives. The July 1988 general elections will be held
under a new federal election code passed in December 1986.
New procedures to be followed were designed to provide for the
presence at polling stations of representatives from all
political parties, as well as independent poll watchers.
Also, the number of seats reserved for minority parties in the
Chamber of Deputies has been increased from 100 to 150, with
the total number of seats in the Chamber increasing from 400
to 500.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government allows both domestic and international human
rights groups to operate in Mexico without restrictions or
harassment and has promised full cooperation with efforts by
Amnesty International (AI) to monitor human rights violations
in Mexico. Various ranking Mexican officials have met with AI
representatives, domestic human rights activists, and others
to discuss allegations of human rights violations. The
Government has publicly committed itself to periodic
inspection by human rights organizations and has pledged its
complete cooperation with any such investigations. In its
1987 Report, AI indicated that it had received detailed
documents from the Mexican Government in response to its
concerns about human rights violations in Mexico.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status.
Mexico takes pride in its Spanish and Indian origins and in
the success the country has achieved in fostering a climate of
racial harmony. Indigenous groups, many of which do not speak
Spanish, are encouraged to participate in political life, and
the Government is respectful of the desire of these groups to
retain elements of their traditional lifestyle. That these
groups remain largely outside the country's political and
economic mainstream is not the result of conscious policy, but
rather the result of historical patterns of economic and
social development.
Religious discrimination is generally nonexistent except for
sanctions contained in the Constitution barring the clergy
from participating in politics, voting, owning real estate,
and wearing religious garb in public.
The role of women in Mexican society is in transition, and
women are beginning to move into areas traditionally reserved
for men. The number of women's action groups is increasing
and they are aggressively promoting women's issues over a
broad front. Nevertheless, although women comprise
approximately 29 percent of the work force, they continue to
work predominantly in nonsupervisory jobs. By law the ideal
of equal pay for equal work is mandated. However, in practice
a wage disparity exists between work traditionally performed
by women and work traditionally performed by men. The PRI
emphasizes publicly the need to increase the role of women in
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the political process. One of the nation's 31 governors is a
woman, 7 of 64 senators are women, and 43 of the 400 member
Chamber of Deputies are women, an increase of 8 over the
previous legislature.
Men and women are equal in principle under Mexican law. Women
have the right to file for separation and divorce. Women can
own property in their own name. There is no restriction
against women traveling without their husbands' permission.
CONDITIONS OF LABOR
Mexican law sets the minimum age for the employment of
children at 14 years; children over 14 but under 16 years of
age may work but are subject to special legal protections and
shorter working hours than adults and cannot be employed in
certain jobs. Child labor laws in Mexico are observed fairly
strictly in medium sized and large manufacturing and
commercial establishments, but less so in small shops and in
such occupations as street vending, where child labor is
difficult to control. Enforcement of labor regulations can be
accomplished through either the Federal Labor Secretariat or
the Federal Conciliation and Arbitration Commission, but is in
fact somewhat spotty.
The law also provides for a minimum wage. Labor's real
purchasing power reportedly has eroded by at least 50 percent
since 1982 even though minimum wage rates are now revised
quarterly. The principle of equal pay for equal work prevails
in the treatment of foreign workers, but preference is given
to Mexicans over foreigners in hiring, and foreigners are not
allowed to form a part of union leadership. The maximum legal
workweek is 48 hours with a maximum workday of 8 hours.
Extensive regulations pertaining to occupational health and
safety exist, but such safety laws are frequently only
minimally observed in practice, particularly in the heavy
industrial sector and in the construction industry.
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The Sandinista National Liberation Front (FSLN) , which came to
power following the overthrow of the Somoza regime in 1979,
completely dominates the Government of Nicaragua. Sandinista
control over the governmental apparatus reflects the FSLN's
success in transforming a popular uprising against a brutal
dictator into rule by a small revolutionary elite. A new
Constitution was promulgated on January 9, 1987, but a number
of its provisions concerning individual rights were suspended
by a presidential decree of a state of emergency the same day.
The Constitution institutionalized Sandinista control through
a monolithic executive, party control over the country's
military and security forces, and central direction of the
national economy. The Constitution recognizes the Popular
Ant i-Somocista Tribunals (TPA's), which exist outside the
national judiciary and are used to try persons suspected of
counterrevolutionary activity. Using the executive's control
over the government security apparatus--and the broad powers
conferred upon the security forces by the Constitution and the
state of emergency--the FSLN engaged in a constant campaign of
harassment against the civic opposition in 1987 by means of
infiltration, intimidation, and the imprisonment of opposition
members. The FSLN also employed the State's security and
military forces in a massive campaign of repression in rural
areas designed to destroy the "potential social base" of the
armed resistance.
The Guatemala accords, signed on August 7 by the five Central
American Presidents, require that the Nicaraguan Government
promote national reconciliation and initiate a process of
democratization, including respect for human rights. In
response to the accords, the Government has taken certain
positive actions such as allowing the reopening of the
independent newspaper La Prensa and Radio Catolica radio
station, and creating a National Commission of Reconciliation.
By year's end, however, the Government had not decreed a
general amnesty, lifted the state of emergency, begun direct
talks with the Nicaraguan Resistance concerning a cease-fire,
nor ended its harassment of the opposition. Moreover, the
steps that have been taken can be reversed at any time, since
the legal framework for repression has been suspended but not
repealed. On December 13, President Daniel Ortega stated to a
labor group that the Sandinistas would not cede effective
political power even if they were defeated in a free election.
There continue to be significant human rights abuses in
Nicaragua, exacerbated by the ongoing war between the
Government and the armed Resistance. Sandinista human rights
abuses in 1987 continue to include large-scale arrests,
particularly of peasants in isolated areas, on vague charges
of counterrevolutionary activities; the torture and abuse of
prisoners; disappearances; and civilian deaths resulting from
the Sandinista Peoples' Army's (EPS) indiscriminate use of
artillery and aerial bombardment. Although La Prensa and
Radio Catolica have now been reopened, Nicaragua had no
meaningful independent media outlet through the first 9 months
of the year, and serious restrictions on a free press remain
in place.
The Government continued to obstruct efforts by the political
opposition to proselytize and hold outdoor assemblies. An
unprovoked August 15 confrontation between the Sandinista
police and the Nicaraguan Democratic Coordinator at the
inauguration of the group's headquarters led to the arrests of
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the president of the Independent Nicaraguan Bar Association
and the director of the Permanent Commission on Human Rights
(CPDH) . Likewise, 1987 saw the reemergence of the "turbas,"
party-controlled Sandinista mobs used to attack and intimidate
the political opposition.
The Government of Nicaragua has prosecuted Sandinista soldiers
for abuses of authority, according to pro-Sandinista daily El
Nuevo Diaro. In the first 11 months of 1987, according to the
newspaper, 3,470 Sandinista military personnel were convicted
by military courts for committing either civil or military
crimes. It is unknown what percentage were convicted for
violations of military law--i.e., insubordination or cowardice
— and what percentage for violations of the civil criminal
code.
The Nicaraguan Association for Human Rights (ANPDH) and the
Nicaraguan Resistance military prosecutor's office (Fiscalia)
worked to increase the Resistance's observence of human
rights. The ANPDH, which is independent of the Resistance
movement and receives U.S. funding, trained nearly 105 human
rights observers within the Nicaraguan Resistance.
Approximately 65 observers were deployed with Resistance
combatants or as members of the regional command staff. The
observers' primary functions are to record allegations,
conduct investigations, and train combatants in the observance
of human rights. So far, the ANPDH has instructed about 1,600
persons in some 33 courses and seminars for commanders, troops,
and observers. Courses are based on the Nicaraguan Resistance
military code of conduct and the protocols additional to the
Geneva Conventions, with emphasis on protection of the civilian
population, proper treatment of prisoners, prohibitions against
torture and indiscriminate use of weapons (including mines),
and elimination of forced recruitment. Additionally, the ANPDH
forwarded to the Nicaraguan Resistance military prosecutor's
office more than 70 reports of suspected human rights
violations by Resistance fighters alleged to have occurred
between 1984 to 1987.
In July the Resistance's military prosecutor's office was
strengthened and restructured. The military prosecutor's
office has tried 13 human rights and 18 other cases. Ten
preliminary investigations of alleged human rights abuses have
been completed and are being referred to trial. Twenty-four
instances of alleged abuses are under investigation.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
In 1987, 21 killings apparently on political grounds were
attributed to the Sandinista security forces, based on
information provided by the CPDH. Many of these deaths
involved persons who had been taken into custody by government
security forces for investigation, particularly in rural
areas, or persons being held in the Sandinista prison system.
Several examples of political killings that have been
attributed to the regime are:
--Pedro Jose Gonzalez, Jose A. Picardo, and Mario C.
Garcia were arrested by the Government in March and killed.
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allegedly while trying to escape, by Ministry of the Interior
(MINT) officials on April 22.
--Francisco Augustin Sanchez Gutierrez, a political
prisoner serving a 9-year sentence in the "model prison" in
Tipitapa, was reported in El Nuevo Diario (END) as having been
killed on June 20 in a scuffle with another political
prisoner. Although END said Sanchez's killer was a political
prisoner, CPDH reports he was in fact an ex-member of the
EPS.
--Leopoldo Palacio Gonzalez, a security guard for a
cotton cooperative in Leon who also worked at the Leon
airport, was reportedly beaten by state security DGSE
officials on the night of January 15 and later died of his
injuries on February 6.
--Pablo Antonio Manzanarez Lopez, a 12-year-old boy from
Matagalpa department, was taken into custody by DGSE officials
on September 16 for investigation. The following day his
sister, lima Manzanarez Lopez, discovered the decapitated body
and head of her brother not far from their home.
--Santiago Nardo Arguello Montiel, 20-year-old farmer
from Nueva Guinea, was taken from his home on March 9 by
government security forces. Arguello's mother was later told
by a DGSE officer that her son had been killed and buried by
the security forces. Subseguent efforts to locate his corpse
have been unsuccessful.
The Resistance has been accused of political killings by
representatives of the international press and by human rights
organizations as well as the Sandinista regime. Several
examples are:
--In May, the Resistance was reported to have stopped a
truck filled with civilians and killed an ex-soldier, Julian
Flores Amador, who was among the group.
--Family members accused the Resistance of killing two
brothers, Jose and Porfirio Telles Garcia, 14 and 20 years of
age, in July.
--The townspeople of San Marcos, Jinotega accused the
Resistance of killing an off-duty lieutenant, a Sandinista
teacher, and a civilian in front of about 20 children. Two of
the three were allegedly unarmed at the time.
--In March the Resistance was accused of executing two
health workers in Matagalpa for possibly belonging to the DGSE.
b. Disappearance
Reported disappearances usually involve persons who have been
detained by the Government's security forces, but whose
families have not been notified of their whereabouts or whose
detention has been denied by the Government. The cases also
reflect the Sandinista military's recruitment practices, which
often entail simply rounding up youths of military age for
military service. Youths inducted in this manner are given no
chance to notify their families concerning their location,
especially in rural areas. CPDH reported that it received
complaints of 140 cases of disappearances for which the
Government was responsible in 1987. Most cases are resolved.
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but the CPDH still had a backlog of 280 cases under
investigation as of October 1987.
As in 1986, the Nicaraguan Government charged the armed
Resistance with a deliberate policy of kidnaping civilians,
with the Government's human rights body claiming that 880
persons had been kidnaped through September 1987. Three of
the more celebrated kidnaping cases were those of Father
Enrique Blandon and Pastor Gustavo Tiffer, captured by the
Resistance forces on October 10 and released October 22, and
Witness for Peace member Paul Fisher, detained by the
Resistance on October 17 and released October 30.
The Resistance leadership assisted the ANPDH in its
investigation of the alleged kidnap of four female school
teachers in May. Two young women were returned to their
villages through the efforts of the ANPDH. Two chose to
remain with the Resistance. The Resistance's military
prosecutor's office sentenced a Resistance leader to 6 months
in detention for his role in this case.
At least some allegations of kidnap by the Resistance must be
viewed with scepticism, however, as demonstrated by the case
of 11 youths captured by the Resistance in June. The 11 were
characterized as kidnap victims in the Sandinista press,
despite the fact all of them were Sandinista soldiers on
active duty when they were taken prisoner. The Resistance's
military prosecutor's office found Ampinio Palacios, an Indian
Resistance fighter, guilty of recruiting 35 Sumo Indians by
force. Ampinio Palacios and two of his fighters were reported
to have killed Jorbes Kramer, a 17-year-old, a 15-year-old
named "Geronimo," and an unnamed 16-year-old. Eighteen of the
Sumos escaped while 14 remain with YATAMA, the Atlantic Coast
Indian organization. Ampinio Palacios and the other two
combatants involved received a dishonorable discharge and were
sentenced to 7 years and 8 months in detention. The three
remain at large after having escaped Honduran army custody.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Nicaragua has three types of prisons--state security (DGSE)
facilities, national penitentiary prisons, and the open
farms. The first two systems are where most of Nicaragua's
prisoners are held and where most abuses occur.
Interrogation of detainees is normally conducted in DGSE
prisons. During interrogation, detainees are subjected
to various forms of physical and psychological torture,
including food and water deprivation, mock executions, and
beatings. Prisoners are kicked, punched, and beaten with
rifle butts while their hands are manacled behind their backs,
or while they are hung by their hands. Prisoners are often
placed naked in barrels of cold water for up to 2 or 3 days,
and forced to stand at attention in freezing rooms for as long
as 20 hours. CPDH reports that physical torture is more
commonly used against peasants, while psychological methods
are utilized against members of civic, political, and labor
organizations. Death threats against prisoners and their
family members are also common.
The DGSE prisons are not open to inspection by any
international human rights group, including the International
Committee of the Red Cross (ICRC). Prisoners in DGSE jails
are customarily kept in the dark in isolation cells. Food is
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scanty and at El Chipote, the most notorious DGSE facility,
often consists of only a spoonful of rice and beans three
times a day.
The systematic use of these interrogation techniques by the
DGSE reflects a deliberate government policy targeted at
political prisoners in DGSE prisons or its secret jails.
Torture is not often used in the national penitentiary system,
but conditions are harsh and beatings of political prisoners
are common. Persons who refuse to work or participate in
reeducation programs are punished by isolation and reduction
of their already meager food ration to one-half cup of rice
and beans or grains and vegetables. In August, 10 political
prisoners in the Tipitapa prison who had been particularly
active in protesting abuses were reportedly beaten with metal
bars and shocked with cattle prods.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Government detained hundreds of persons, generally
peasants, on the vague charge of being "engaged in counter-
revolutionary activities." Such a charge normally means that a
person is accused of aiding the Resistance forces or of
supplying them with food. CPDH reports that many peasants
detained on these charges have, in fact, come under suspicion
for their refusal to join one of the FSLN ' s mass organizations,
such as the Association of Agricultural Workers (ATC) or the
National Union of Farmers and Cattlemen (UNAG) . As detailed
in Section l.f., the neighborhood Committees for the Defense
of Sandinismo are active in providing information to the DGSE
on opposition activities.
The DGSE also commonly intimidates political, labor, and civic
activists by detaining them for short periods of time before
releasing them without charge. One example of such a detention
was the Sandinista police's January 22 detention of Social
Christian Party (PSC) President Erick Ramirez and five other
PSC leaders following an organizational meeting of the January
22 Mothers of Political Prisoners movement. The PSC leaders
were detained for 2 1/2 hours, during which three of them were
beaten.
Individuals charged with counterrevolutionary activity are
generally detained at night by the DGSE and interrogated.
Detainees are normally kept until they agree to confess their
guilt or implicate others in counterrevolutionary activities.
In rare instances, they are released without charge.
Throughout the detention period the prisoner has no right to
legal assistance or representation by counsel. The state of
emergency did not permit political prisoners any legal
recourse. Political prisoners are often denied family visits
as a form of punishment.
Following a confession, the detainee is held until his case
appears before one of the TPA's. The average detention period
is 8 months. However, the Government's human rights body, the
National Commission for the Promotion and Protection of Human
Rights (CNPPDH), reported the case of one person, Felipe Luna
Orozco, who spent 5 years and 7 months in prison without
trial. According to CNPPDH, 38 percent of Nicaragua's prison
population has never been sentenced by a court.
In June Minister of the Interior Tomas Borge said that there
are 4,605 political prisoners in Nicaragua, consisting of
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2,110 Guardsmen and 2,095 armed resistance fighters. The
total number of political prisoners currently being held in
Nicaragua is estimated by CPDH to be 6,200, including those
who have been sentenced and those who are awaiting trial. In
addition to these, CPDH calculates that approximately 2,000
National Guardsmen remain in prison, for an overall figure of
roughly 8,200 prisoners after the September release of 986
prisoners under the amnesty provision of the Guatemala
accords. Given the secrecy maintained by the Government on
this question and its unwillingness to allow full access to
prisons by international organizations, there is no way to
verify these numbers. Other sources inside Nicaragua estimate
that, including common criminals, there may be up to 20,000
prisoners in the country.
In 1987 no Nicaraguans were expelled, although several
thousand fled as refugees for both political and economic
reasons. Some refugees also returned to Nicaragua.
The CPDH estimates that 50 percent of the prisoners in the
model prison and in the Zona Franca facility are required to
work. Work constitutes the first step in the Government's
reeducation program, with prisoners who have worked
satisfactorily being sent to "study circles," to discuss the
latest writings and speeches of the Sandinista leaders.
Prisoners who show sufficient "progress" are asked to be
informants, and those who accept this offer are eventually
transferred to open farms, where they are given better food
and privileges. Refusal to work results in the denial of
visits, a serious punishment because food supplied by visitors
is an important supplement to prison fare.
The Resistance held fewer than 100 Sandinista prisoners before
their release under the amnesty provision of the Guatemala
accords. The ANPDH visited the prisoners and reported no
serious abuses or torture. In September in compliance with
the Guatemala accords, the Resistance released 80 prisoners,
at least 60 of whom opted to remain in Costa Rica rather than
return to Nicaragua.
e. Denial of Fair Public Trial
Nicaragua has three court systems: the civil and criminal
courts of the Ministry of Justice; the Sandinista police
courts of the Ministry of Interior; and the TPA's. While all
three court systems are staffed primarily by Sandinista
supporters, the TPA's, which exist outside the regular
Nicaraguan judicial system and are administered directly by
the executive branch, are the most heavily politicized. The
TPA's were created in 1983 to try persons accused of counter-
revolutionary activities. The judge and jury in a TPA case
consist of two laymen selected by the Committees for the
Defense of Sandinismo (CDS), and a president, who is a member
of the Sandinista Association of Lawyers and normally a former
Ministry of Justice employee. All three are members of the
Sandinista People's Militia, an armed body directed by the
Ministry of Defense.
TPA trials are in theory open to the public, but defendants'
families are required to have prior approval to attend the
proceedings. Authorization is normally given for only a
5-minute visit with the defendant. Defense attorneys are
named when the defendant appears before the TPA. The short
preparation time and evidentiary limitations imposed by the
TPA generally prevent defense attorneys from preparing a
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credible defense. The CPDH estimates that 85 percent of TPA
convictions are based on confessions extracted in DGSE
interrogation facilities. The TPA convictions may only be
appealed to the TPA appellate court, since the Nicaraguan
Supreme Court lacks jurisdiction over the special tribunals.
Through October 1987, the Managua TPA trial court handed down
456 convictions and 42 acquittals, a conviction rate of over
90 percent. The TPA's have also begun to function in Matagalpa
and Juigalpa.
Independent Nicaraguan daily La Prensa reported on October 21
that a pamphlet had appeared in several criminal courts ■
complaining of Sandinista police excesses, political pressures
on the judiciary, poor preparation and training of police, and
lack of legal counsel for detainees. Forty criminal and civil
court judges allegedly supported these complaints.
On December 15, La Prensa published the resignation letter of
three members of the Nicaraguan Supreme Court: Heraldo Zuniga
Montenegro, Santiago Rivas Haslan, and Rodolfo Robelo Herrera.
In the letter, the three explained that they were resigning
due to the executive branch's repeated refusal to comply with
judicial orders and the executive branch's disrespect for the
court. The three justices cited the La Verona case--in which
Agricultural Minister Jaime Wheelock refused to abide by the
high court's order that a confiscated farm be returned to its
owner--as the latest example of the Sandinista regime's
disregard for the court. According to La Prensa, the three
justices had been the most active in hearing appeals and
rendering decisions. The Sandinistas maintain that the
resignations were merely part of the normal replacement
process provided for by the Constitution.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government interference and intrusion into the privacy and
homes of citizens is extensive. Opposition activists are
subject to surveillance, telephone taps, and examination of
their mail. Surveillance of opposition figures is carried out
nationwide through a system of DGSE informants. The CDS
constitutes another form of control and interference in the
privacy of citizens. The CDS, organized at a neighborhood
level, provides information on the activities of opposition
members and others of interest to the DGSE. The inviolability
of homes is not recognized under the state of emergency.
Religious workers and other private citizens in Jinotega and
Esteli have reported that the EPS frequently carries out
house-to-house searches for draft age males throughout
Nicaragua .
g. violations of Humanitarian Law in Armed Conflicts
Human rights groups charge that in its counter insurgency
campaign, the Sandinista military has committed numerous human
rights violations, including the killing of civilians both
through indiscriminate aerial bombardments and fire by ground
troops. Members of the Resistance have alleged summary
execution of prisoners, but there have been no documented
cases. Verification is difficult, as the abuses occur in
conflictive zones that are not readily accessible to
independent observers. Examples of the abuses reported are:
--Maria Eutracia Leon Estrada, a housewife, was killed in
Comarca Campana, Villa Sandino, Chontales Department on
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September 4 when a group of Sandinista military searching for
members of the Resistance surrounded and machine-gunned the
woman's house.
— Nemesio Obando, a 75-year-old farmer from the Comarca
Kuskuas, Santo Domingo jurisdiction, Chontales department, was
killed when a Sandinista army patrol surrounded his home,
ordered him and his family to come out, and then opened fire
as they walked out the door. Obando, who was wounded in the
chest and stomach in the initial volley, was then bayoneted
and shot in the head by a patrol member. Three weeks before
the attack, Obando had been interrogated for several hours by
the DGSE.
The Resistance has also been accused of attacks on
noncombatants, forced recruitment, kidnaping of civilians,
indiscriminate use of mines, and summary execution of
prisoners. Through September 1987, the Government's CNPPDH
charged that the Resistance forces had been responsible for
the deaths of 4,560 civilians, but have not provided evidence
to substantiate this charge. Some of the more prominent
charges made by CNPPDH are:
--Thirteen people died, including three children and nine
militiamen, when the Resistance attacked San Jose de Bocay,
Jinotega department on July 16.
— Eleven civilians were killed and five were wounded when
the Resistance ambushed a passenger bus on its way to Nueva
Guinea, Zelaya from the Cooperative Jaunto Bera on July 3.
--Eight people were killed on February 15 in Abisinia,
Jinotega when the tractor on which they were riding detonated
an antitank mine and was destroyed.
--Three individuals were killed, including 3-year-old
Roberto Hernandez Lopez and two militiamen, and five civilians
were wounded when the Resistance attacked the San Andreas
Cooperative near Rio Blanco, Zelaya on May 15.
Civilians have been killed during Resistance attacks on
cooperatives defended by Sandinista militia or army soldiers.
The Resistance maintains that the presence of military and
militia personnel makes the cooperatives a legitimate target
and that the civilians are being used as "shields." For
example, a March attack on the Quisilala cooperative resulted
in the deaths of five civilians, including two children under
5, and the wounding of 3 civilians. The Resistance's military
prosecutor's office tried this case, and testimony indicated
that the cooperative was defended by at least 30 well-armed
Sandinista soldiers and that during the attack, the armed
Resistance used light weaponry. In addition, 15 AK-47 rifles,
30,000 rounds of ammunition and 60 RPK projectiles were
captured inside the cooperative. The Resistance military
court determined that the cooperative was a legitimate
military target and found the commander of the Resistance unit
not guilty of an indiscriminate attack against a civilian
target .
On April 28, American citizen Benjamin Linder was killed in a
battle between Sandinista and Resistance fighters near El
Cua. The Resistance military prosecutor's office and the
ANPDH found evidence that, at the time of his death, Mr.
Linder was wearing a military uniform and carried an AK-47
rifle. Testimony given to the ANPDH indicated that Mr. Linder
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died during a firefight between the armed, uniformed group of
Sandinistas he was with and a Resistance unit. The Government
of Nicaragua has yet to respond to the ANPDH ' s request to
inspect the site of the attack, take depositions from
witnesses, and have impartial pathologists verify the autopsy
results .
As with the charges made against the Sandinista military,
independent confirmation of human rights violations allegedly
committed during battle and attributed to the Resistance is
difficult to obtain.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and the press is extremely limited in
Nicaragua. Government or pro-Sandinista ownership
characterize most of the mass media, and the regime maintains
strict controls over the few independent radio and press
outlets. In October, however, following the Government's
signing of the Guatemala accords, which require "complete
freedom for television, radio, and the press," the Government
allowed the reopening of La Prensa and Radio Catolica.
Despite these steps, the legal restraints on free speech and
press remain in place. According to La Prensa, the Inter-
American Press Association condemned the Government of
Nicaragua for having violated freedom of expression in 1987.
As explained by Minister of the Interior Tomas Borge on
September 23, prior censorship has been suspended, but the
state of emergency and the provisional law on communications
continued in effect. Hence, the Ministry retained the legal
authority to reinstitute prior censorship at any time.
Similarly, Decrees 511 and 512, which regulate the publication
of information about internal security, national defense, and
economic issues, remain in force. The Government has warned
La Prensa on several occasions against publishing statements
by Resistance leaders.
The Government used its extensive powers over the media on
October 19 to prohibit Radio Catolica from broadcasting news,
claiming that the radio station had not submitted a written
request to the Ministry of Interior for the necessary news
permit. Radio Catolica's "Iglesia" news program finally made
its debut on December 2. The Government also failed to act on
requests for permits by seven new radio news programs, the
first of which was filed by Radio Corporacion on August 17.
According to La Prensa, there are 22 fewer radio stations
since the Sandinista regime rose to power.
In addition to these legal restrictions, the Ministry of the
Interior accused seven Nicaraguan journalists and one lawyer
of working for a "CIA news network." Several of the
journalists were briefly detained and interrogated by the
DGSE. This incident occurred in late August following the
signing of the Guatemala accords.
b. Freedom of Peaceful Assembly and Association
Nicaragua's new Constitution provides for the rights of
association, assembly, and peaceful demonstration and the
right to strike. The state of emergency, reimposed by
President Ortega on the same day he signed into force the new
Constitution, January 9, 1987, suspended the rights to
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peaceful demonstration and to strike and severely curtailed
the rights to free assembly and association.
The constitutional provision of peaceful demonstration
requires no prior approval. However, current laws require
police approval before any outdoor march or public
demonstration may take place. Opposition groups say that
their requests for permits are sometimes ignored.
Although indoor activities are not restricted formally, the
Government has occasionally used the police or Sandinista-
inspired mobs called "turbas" to inhibit opposition activity.
On June 19, a spontaneous, peaceful demonstration occurred in
the departmental capital of Boaco when a Sandinista army truck
delivered the body of a militiaman, who had been killed
accidentally. The demonstrators, who reportedly numbered
between 800 and 1,000, took over the local national Red Cross
office, demanding a full report on the militiaman's death, as
well as assurances regarding the safety of their own family
members undergoing military training nearby. Sandinista
authorities responded by shutting off electrical power to the
town and sending armed "turbas" to break up the demonstration.
Violence was averted when the demonstrators started up the
building's auxiliary generator, returning light to the
immediate area. Sandinista state security agents arrested
five opposition organizers and interrogated them in El
Chipote. One organizer was held only briefly, while three
were detained until November. The status of the fifth
individual remains unknown. Family members state that none of
those arrested was connected in any way with the demonstration.
On August 15, the January 22 Movement of Mothers of Political
Prisoners attempted to hold a peaceful meeting and march.
Twenty to thirty policemen blocked the meetingplace ' s only
exit, threatening to arrest any person who left the building.
The meeting was attended almost entirely by peasant women,
many accompanied by their young children. After several
hours. Social Christian Party (PSC) leaders managed to
negotiate a modified police withdrawal, allowing the women to
leave peacefully. Although a demonstration permit had been
sought by the PSC leaders, it was never formally granted.
Sandinista police authorities were said to have granted verbal
permission, but later prohibited the march when no written
permit could be produced to police and state security officers
at the scene.
Sandinista pressure against this same organization continued
on October 22 and 26. Members of the movement had organized
vigils at the offices of CPDH and a downtown church on Mondays
and Thursdays, respectively. On October 22, Sandinista
"turbas" attacked a group of some 20 women participating in a
vigil at the El Calvario church in Managua. Initial shouting
of threats turned to violence when members of the Sandinista
"Mothers of Heroes and Martyrs" group chased the women into
the church and physically attacked several of them.
Sandinista police did not protect the women until a male
bystander fired shots into the crowd of "turbas", who
reportedly had attacked his son. The man was not associated
with the Mothers Movement and was the only person arrested in
the incident.
In January Nicaragua lost its beneficiary status under the
U.S. Generalized System of Preferences (GSP) program because
the Government did not comply with the GSP statute regarding
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"Internationally Recognized Worker Rights." The decision
followed allegations of practices denying freedom of
association. Articles 82 through 88 of the new Constitution
contain a number of labor rights, including the right to
strike, freedom to organize, and the right to negotiate
individual or collective bargaining agreements with employers.
Nicaraguan workers, however, do not enjoy these rights in
practice. Under the state of emergency regulations, strikes
are prohibited, as they have been for most of the period since
1979. Restrictions on opposition union organizing activity
are mostly extraof f icial and indirect. Union activists are
subject to state-backed intimidation by Sandinista militants.
Independent union headquarters have been occupied, and the
Sandinistas ensure that important workplace elections do not
result in changes of affiliation from the Sandinista workers'
organization to one of the opposition confederations. Since
the Government sets salaries through the National System for
Ordering Work and Salaries (SNOTS) , unions are severely
restricted in their ability to make collective bargaining
agreements. The SNOTS wage scales do not reflect Nicaragua's
rapid inflation and thus have constituted a government-
administered reduction of real wages. All such agreements
must be approved by the Ministry of Labor and are rejected if
they grant pay increases in excess of the SNOTS limits.
c. Freedom of Religion
Eighty-five percent of the Nicaraguan people are Roman
Catholics. The remainder belong to some 95 recognized
Protestant, Evangelical, or Pentecostal denominations. During
1987 there was little overt repression of religious activities,
but, as noted in the case of Radio Catolica, political activity
by church groups has been inhibited. There have been
complaints of intimidation of Catholic priests and lay members.
Agents of the DGSE have taped priests' sermons and later
reprimanded them over use of "improper" words or phrases. For
example, one priest suggested in a sermon that as swords
should be beaten into plowshares, tanks should be converted
into tractors. The priest was later officially castigated for
having preached about military matters. At times, unknown
individuals have appeared at church services to photograph
members of the congregation.
A Curia spokesman reported that Sandinista army troops had, on
several occasions, comandeered Catholic churches in the
Jinotega, Madriz, and Nueva Segovia departments for use as
barracks. Although only used for this purpose for short
periods, the churches were left in shambles and, in some
cases, desecrated.
There were few reports of harassment of the Protestant and
Evangelical sects in 1987. A Baptist minister, who said his
church has had legal status for more than 20 years, said the
Government refused to allow his church to bring in religious
materials donated by a U.S. church. Instead, the minister was
told he would have to work through CEPAD (Evangelical Committee
for Development Aid), an organization which the Sandinistas
use to coordinate evangelical activities. One of CEPAD's
directors holds an FSLN seat in Nicaragua's National Assembly.
The Nicaraguan National Council of Evangelical Pastors (CNPEN)
remained unsuccessful during 1987 in its 5-year effort to
receive legal status. To date, no action has been taken on
CNPEN's petition although, since 1982, many other religious
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organizations have been successful. CNPEN has received no
responses to its request to government and FSLN leaders,
including President Daniel Ortega, Interior Minister Tomas
Borge and National Assembly President Carlos Nunez.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government imposes restrictions on foreign travel through
use of the passport and exit visa requirements. The regime
limits some opposition figures to single-exit visas, while it
often denies both passports and exit visas to young men of
draft age, professionals with skills needed by the regime, and
political opponents whose views it does not wish to see
expressed overseas. Sandinista soldiers pursued a group of 29
Nicaraguans who attempted to flee to Honduras in July,
according to two Honduran press reports. The reports said
that the soldiers killed 14 of the group. On September 26,
several thousand Nicaraguans converged at Las Manos on the
Honduran border to visit family members living across the
frontier; at least three persons were seized by Sandinista
officials and beaten. And contrary to its earlier commitment
to allow Nicaraguans to meet their family members living in
Costa Rica at a special border post, the Nicaraguan Government
closed the crossing at Penas Blancas on October 24 after over
600 Nicaraguans requested refugee status from the Government
of Costa Rica. Nicaragua has begun granting 72-hour exit
visas to citizens wishing to visit El Salvador, although
clandestine entries continue.
The Sandinista regime continues to relocate peasants forcibly
as an integral part of its counterinsurgency campaign. Jaime
Wheelock, Minister of Agriculture and Agrarian Reform, stated
May 25 that in the last 7 years "the Government has been forced
to displace 250,000 people from conflictive zones." In 1987
the largest single forced relocation of peasants occurred in
Nueva Guinea, where the regime moved some 6,000 persons to
Sandinista resettlement camps. According to CPDH, many
peasants were given only 24 hours' notice of the relocation.
Conditions in the camps are reported to be bleak, with people
living in plastic tents and limited to 1 pound of beans per
person per week. The peasants are not allowed to leave the
camps, nor receive outside visitors without authorization. In
addition, the peasants are pressured to form Sandinista
agricultural cooperatives and to arm themselves for "self-
defense" as Sandinista militiamen.
There were no reports of refugees forcibly repatriated from
Nicaragua in 1987, and, in general, the Government's treatment
of refugees has been good. The United Nations High
Commissioner on Refugees' (UNHCR) representative in Managua
reports that through September 30 of this year, 123 Salvadorans
were voluntarily repatriated.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
According to the Constitution, Nicaragua is a multiparty
democracy with a unicameral legislature and a strong executive.
In actual fact, a nine-member FSLN National Directorate runs
the country in consultation with the 103-member FSLN Assembly
(not to be confused with the National Assembly) . The
Sandinista regime claims it was democratically elected in 1984;
some members of the opposition say they were not permitted to
campaign freely, resulting in several parties boycotting the
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elections. Restriction of political pluralism has resulted in
the emigration of members of the political opposition and in
large numbers of citizens taking up arms in the belief that it
is not possible to exercise their rights to change the
Government through free elections.
Fourteen political parties exist, most of which oppose the
Sandinistas, and seven have representation in the National
Assembly. Elections for the National Assembly and the
presidency were held in 1984, with the next general elections
scheduled for 1990. Municipal and Central American
parliamentary elections are scheduled for 1988, although dates
have not been set for either. Since the 1979 revolution,
power has been highly centralized; municipal officials have
little effective power.
Political power in the country is concentrated in the hands of
the FSLN. A Marxist-Leninist party that describes itself as
the country's "vanguard," the FSLN is committed to the
"socialist transformation" of the country's socioeconomic
structure. The FSLN is all-pervasive in the Government, and
the party seeks diligently to identify the party and the State
as one. Membership in the FSLN and nomination to key
government posts is determined by loyalty to Sandinista goals
and ideoloyy. Party penetration of the governmental apparatus
is particularly visible in the Sandinista Peoples Army, where
a political directorate, controlled by an FSLN militant,
directs the political indoctrination of officers and
conscripts down to the company level.
Power within the FSLN is organized vertically, with the
party's nine-person national directorate making all major
decisions. The responsibility for implementing the
directorate's orders flows downward through the Sandinista
party assembly, the various FSLN organizational departments,
and the regional party cadres. The Sandinista mass
organizations play a supportive role, functioning primarily as
instruments for political control and indoctrination.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has not allowed the key international human
rights organizations to have complete access to prisons or to
move freely in the country. It has, however, responded to
inquiries from the United Nations Human Rights Commission and
the Inter-American Commission on Human Rights. The Government
has allowed some human rights organizations to visit the
country on a restricted basis. In September, reversing its
prior policy, the Government also gave permission for the
Inter-American Commission on Human Rights to visit the country
from January 18-22, 1988.
In 1980 the Government established a progovernment human
rights body called the National Commission for the Promotion
and Protection of Human Rights (CNPPDH) . The CNPPDH functions
as an arm of the Foreign Ministry, devoting itself to the
investigation of alleged Resistance human rights abuses and
the defense of the regime's human rights record.
The CPDH, the only independent human rights group in Nicaragua,
faces a continuing campaign of government harassment. The CPDH
is denied access to the regime's prisons and is not allowed to
seek information from Ministry of Interior personnel.
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NICARAGUA
Prisoners and their families have been warned not to report
abuses to the CPDH, and the organization's employees have been
subjected to threats, physical attacks, and defamation
campaigns in the government press. An example of the harsh
treatment given to CPDH employees by the regime took place
April 14 when Gloria Cespedes, a legal advisor to the group,
was detained by the DGSE and interrorated at El Chipote
prison. Held for 4 hours, Ms. Cespedes was questioned about
her work with CPDH and was accused of being "the defender of
the Somocista Guardsmen and the contras."
The ICRC visits prisons that belong to the national
penitentiary system, but, as is the case with all other human
rights organizations, is denied access to the DGSE prisons.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Nicaragua's minorities, numbering some 80,000 Indians and
26,000 English-speaking blacks, live primarily on the Atlantic
Coast. Sandinista efforts after 1979 to integrate politically
the Atlantic Coast with the rest of Nicaragua alienated many
of the coast peoples, especially the Miskito Indians, who
constitute the largest indigenous group, and led to mass
flights of Indians to Honduras. Numerous Sandinista human
rights abuses were reported during the period 1981-1986 as the
Government tried to consolidate its authority on the Atlantic
Coast through a campaign of force and repression.
In 1984 the Government started a process to draft an autonomy
plan for the peoples of the Atlantic Coast. This procedure
culminated in the promulgation of an autonomy statute in
September 1987. The autonomy plan purports to establish a
democratic and responsive scheme for meeting the special needs
of the Caribbean coast minorities, but it fails to address the
major issue of national resource use and control, long the
most fundamental concern of the area's indigenous groups.
Moreover, the administrative powers which the plan gives to
the regional governing units--the statute divides Zelaya
department into two regional counci ls--are circumscribed by
the national Government by various means. It appears doubtful
the autonomy plan will overcome the historical legacy of
distrust that exists between the indigenous peoples and the
majority Ladino population.
The Government also established procedures to facilitate the
return of Miskito refugees from Honduras, initiating a
repatriation program involving weekly flights from Puerto
Lempira, Honduras, to Puerto Cabezas, Nicaragua, and reopening
the Leymus border crossing. The UNHCR representative in
Managua has reported that 2,304 had returned through UNHCR
programs through the end of October.
Women are not subject to any special restrictive measures by
the Government and are to be found participating actively in
most levels of government and society. However, the
revolution has not succeeded in significantly altering the
cultural constraints imposed upon women in Nicaraguan society.
CONDITIONS OF LABOR
Children under the age of 14 are not legally permitted to
work. Due to the lack of enforcement, however, the
prohibition on child labor is often disregarded in the
countryside, particularly during the harvest seasons.
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NICARAGUA
The Government has attempted to mitigate the impact of
inflation and low wages on the workers by rationing numerous
basic necessities. In practice, however, access to rationed
goods is limited to state employees and members of Sandinista
mass organizations. Even for them, there are frequent
shortages, attributed, for tlie most part, to government
economic mismanagement.
Independent labor unions of both democratic and Marxist
orientations have continued to protest the Government's
amendment of Article 22 of the labor code which eliminated
labor-management collective bargaining and replaced it with
the SNOTS system. The unions' major complaints are the
imposition of government criteria for wages and salaries and
the abolition of the right to strike. According to Nicaragua's
Confederation of Labor Unification, 26 unions have requested
but not yet received legal status from the Government of
Nicaragua. Substandard occupational health and safety
measures showed no improvement in 1987.
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PANAMA
Panama's Constitution provides for a representative democracy
with direct popular election of the president, legislators,
and municipal representatives; an independent judiciary; and a
broad range of civil and individual rights. Elections in 1984
were the first national elections since a 1968 coup in which
the military overthrew a civilian government. After a
controversial vote count marked by irregularities and by
opposition charges of fraud, a coalition of civilian political
parties backed by the Panamanian Defense Forces (PDF) took
office, with Nicolas Ardito Barletta assuming the presidency.
Barletta resigned in 1985 under pressure from the PDF and
political leaders of the governing coalition. First Vice
President Eric Arturo Delvalle then assumed the presidency.
While the Constitution provides for civilian rule, in practice
the PDF dominates government and national politics.
In early June, the.PDF's retired Deputy Commander, Colonel
Roberto Diaz Herrera, made serious charges against PDF
Commander General Manuel Antonio Noriega and others in the
PDF, including involvement in the still unresolved 1985 murder
of regime critic Hugo Spadafora, election fraud in 1984, and
general corruption. These accusations sparked regime
opponents, led by an organization called the Civilian
Crusade--a coalition of civic clubs, professional and business
associations, and church groups--into staging a series of
peaceful street gatherings and parades to demand Noriega's
ouster. The political unrest which followed persisted
throughout the remainder of the year. While the Government
tolerated some of these demonstrations, it frequently broke
them up by force, including the use of tear gas, truncheons,
and shotguns. Hundreds of demonstrators were injured, some
seriously, by shotgun pellets, and hundreds more were detained
for participating in demonstrations. Armed bands of
progovernment civilians also attacked opposition car caravans
and marches. In some instances, suspected government agents
in plainclothes were involved in attacks on demonstrators.
Eyewitnesses reported that progovernment civilians were
responsible for extensive property destruction and two deaths
from gunfire.
In June the Government imposed a state of emergency which
suspended key individual liberties for 19 days. Two
opposition radio stations were closed during the emergency,
and in July the Government closed virtually all opposition
media. The Government has ignored due process at times and
has often held detainees incommunicado. The Government failed
to provide a mechanism to provide information on arrests to
family members and the public. This lack of information led
many to fear that friends and family were missing or dead. It
has also used arrest warrants on exaggerated charges to
intimidate opposition and Civilian Crusade activists.
Government officials claimed demonstrators broke store windows
and burned tires and cars. In some instances members of the
PDF were injured by stone-throwing demonstrators.
In December, President Delvalle pardoned a number of persons
accused of political offenses. In the final week of 1987 the
Legislative Assembly issued an amnesty covering certain
political crimes allegedly committed between June 21 and
December 24. The latter move was also intended to permit
banned opposition newspapers and radio stations to reopen in
the first week of 1988.
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PANAMA
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
At least two people were killed in 1987 as a result of
political unrest, both of them at the hands of apparent
progovernment elements. The first of these deaths occurred
August 30, when a young man was killed by gunshot while
driving a delivery truck which became caught up in an
opposition caravan. It was reported that assailants fired
randomly, killing the victim. Noting the presence of
government coalition legislators and the Mayor of San
Miguelito at the scene of the melee, oppositionists charged
that members of the Government directed the attack on the
opposition demonstration. The Government denied this charge.
The second death occurred September 13, when armed men in
civilian clothing opened fire on a Crusade-sponsored march,
fatally wounding a middle-aged Crusade activist. Eyewitnesses
claimed that off-duty PDF members in civilian clothes were
among those firing at the crowd.
While the Government's responsibility for these killings
cannot be firmly established, circumstantial evidence
suggests, at a minimum, that they were the work of
progovernmment gangs. In addition, there were reports
concerning the composition of armed progovernment bands which
opened fire on opposition car caravans in other instances.
Eyewitnesses have identified radical leaders of progovernment
political parties as members of these groups. A third man was
fatally shot July 26 by a member of the PDF, but few consider
his death to have been politically motivated.
b. Disappearance
No disappearances were reported in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In 1987 the PDF repeatedly responded to peaceful ant igovernment
demonstrations with shotgun fire, rubber truncheons, and tear
gas. Some observers estimate that over 1,000 people sustained
birdshot injuries during unrest between June and November.
Six people sustained serious eye injuries, including blindness
in at least one case, and seven suffered serious injury to
internal organs. Birdshot victims included a 13-year-old who
suffered serious eye injuries when he was shot during
demonstrations in early June. On June 11, two girls, a
14-year-old and a 9-year-old, suffered serious internal
injuries when they were fired at by PDF patrol units. The PDF
repeatedly fired tear gas at crowds in the streets, into homes,
and, in one case, into a church.
Panamanians detained during opposition demonstrations reported
that they suffered degrading treatment while in jail. They
gave accounts of strip-searches, conducted in a harsh and
degrading manner, upon arrival at the jail and being robbed of
most possessions. Members of the PDF routinely beat political
demonstrators upon arrest, with occasionally serious
consequences, including trauma to internal organs. In
mid-July, there were mass arrests of opposition demonstrators
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PANAMA
at a rally which the Government had banned. Those arrested at
this time were apparently deliberately placed with hardened
criminals, resulting in severe beatings and robbery. Common
criminals stripped the demonstrators down to their underwear,
robbing them of their clothing and jewelry. Prisoners
complained that authorities failed to remove and register
valuables and purposely placed hardened criminals in the same
cells as demonstrators to frighten and intimidate them.
Throughout their stays, which lasted in most cases not more
than 4 days, many detainees were subjected to repeated threats
that they would be sexually abused and that they would be sent
to Coiba Island, a penal facility for hardened criminals.
Many detainees reported witnessing a brutal homosexual attack,
which strengthened the credibility of rape threats by common
criminals who shared cells with the demonstrators. The
Government firmly denied charges that anyone was mistreated
while in jail but admitted that common criminals had access to
the demonstrators.
Panama City's jail, built in 1925 to accommodate 225, housed
over 700 criminal prisoners at midyear. Following roundups of
hundreds of opposition demonstrators and bystanders in July,
jail conditions deteriorated under the strain of severe
overcrowding. Prison authorities forced about 500 persons
into a detention cell suitable for less than 100 prisoners.
This lack of space forced detainees to stand, sit or squat,
making sleep impossible. In addition, the sanitation
facilities were overtaxed, resulting in prisoners being forced
to stand or sit in their own feces. According to Panamanian
press reports, 700 common criminals who were serving sentences
in various jails, and others whose legal processes had been at
a standstill for a long period were released in December.
Several persons claimed that they were tortured at the Carcel
Modelo by members of the G-2 military intelligence unit,
including one report of electric shock being administered to
sensitive parts of the body.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution establishes the right of a detained person to
a judicial determination of the legality of his detention and
requires arrest warrants, except for persons arrested during
the commission of a crime. A suspect may not legally be
detained for more than 24 hours without being charged and
brought before a magistrate. The police are required to
inform accused persons immediately of the reasons for their
detention. During the 19-day state of emergency decreed in
June, these rights were formally suspended, and they were
often disregarded after the state of emergency was lifted.
After being charged with a criminal offense, an accused person
may be held for as long as necessary for authorities to
conduct the investigation and bring the case to trial. The
judicial system suffers from a chronic backlog, frequently
resulting in incarceration periods of up to 3 years for
prisoners awaiting trial. Time spent in jail awaiting trial
counts toward completion of the final sentence for those
convicted.
Most of the hundreds of people detained during opposition
demonstrations were arrested openly and charged with
disrupting public order, sedition, or other related offenses.
Many were apparently never formally charged. Most of these
protestors were held in detention for periods of time ranging
from a few hours to 4 days. Occasionally, protestors were
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PANAMA
held for longer periods. Authorities told some detainees they
had been sentenced to terms of several months in the Coiba
Island penitentiary, but all demonstrators were eventually
released and charges were dropped. In addition to mass
arrests during demonstrations, nearly 100 people were singled
out for politically motivated harassment ranging from arrest
warrants on obviously exaggerated charges to incommunicado
detention.
Colonel Roberto Diaz Herrera, the retired Deputy Commander of
the PDF, and 45 followers were detained in late July following
a PDF raid on Diaz's Panama City residence. Most were released
without charge, but Diaz and seven bodyguards were charged
with attempting the armed overthrow of the Government. They
were held in pretrial detention on this charge, a nonbailable
offense, to which they pleaded guilty December 8. Diaz and
his followers were each sentenced to 5-year terms, but Diaz
departed Panama for Venezuela in late December after receiving
a pardon. Of his seven codef endants, six were granted
provisional liberty after sentencing, and a seventh remained
in custody at the end of the year on a homicide investigation.
In another well-known case, five leaders of the Civilian
Crusade fled Panama after remaining in hiding for weeks to
avoid arrest on charges of armed attempt to overthrow the
Government. They were originally charged with sedition
(without arms), a bailable offense. However, the Government,
after issuance of the original warrants, subsequently searched
Crusade headquarters, and, although no arms were found (only
an unattributed pamphlet describing how to make a molotov
cocktail), the charges were increased to the more serious (and
non-bailable) offense of armed sedition. The Crusade leaders
fled Panama rather than face prosecution and likely pretrial
incarceration on these charges.
On October 20, Alberto Conte, a prominent advertising
executive and political activist, was arrested at Omar
Torrijos Airport upon his return from the United States, where
he had testified regarding the political crisis in Panama
before a Senate panel. Conte was immediately taken to night
court and charged with sedition without benefit of legal
counsel. He was released after several days without charges.
On December 16, President Delvalle announced plans for a
general pardon or amnesty for alleged political offenders,
stating that those who left the country for political reasons
during the last half of 1987 could return. The details of
this proposal were, however, unclear as of the end of 1987.
In late December the Government published a list of those
granted amnesty, which had missing from it some of the
Government's foremost opponents.
Critics of the Government claim that because the judicial
branch is heavily influenced by the PDF, judicial review in
political cases does not provide effective safeguards against
arbitrary government actions.
Other arbitrary arrests also took place in 1987. Aurelio
Barria, president of the Chamber of Commerce and leader of the
Crusade was detained in June by the PDF, who placed a hood
over his head, strip-searched him, and verbally abused him
before his release. Barria was charged with no criminal
offense at this time. On September 13, in violation of his
diplomatic immunity, a senior U.S. Embassy officer was
detained by the PDF while observing an opposition demonstration
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PANAMA
and was held incommunicado for 8 hours. On October 7, nine
U.S. servicemen and a U.S. citizen employee of the Panama
Canal Commission (the U.S. Government agency created in
implementation of the 1977 Panama Canal Treaty to operate the
Panama Canal through 1999) were arbitrarily detained in Panama
City without criminal charges. At least one of the U.S.
servicemen was beaten upon arrest. All of those arrested in
the incident were released without charges after having been
held incommunicado for approximately 10 hours. On October 20,
Roberto Arosemena Jaen, a University of Panama professor and
political activist, was arrested, beaten, threatened with
death, and accused of planning terrorist acts. He was taken
to the penal facility at Coiba Island without charge, and
after 10 days' incarceration, was released without explanation.
Some 50 people picked up in connection with an October 22
rally attempt by the Civilian Crusade were also sent to Coiba
Island. Cases such as these have led to the widespread belief
that the judicial system is politicized and is not independent
of the Government. Oppositionists charge the judicial branch
with collaborating with the PDF to silence criticism of the
regime.
Forced labor is not practiced.
e. Denial of Fair Public Trial
Although the right to a fair trial was suspended temporarily
during the state of emergency, it is provided for in the
Constitution and persons charged with crimes under normal
circumstances are presumed innocent until proven guilty, and
have the right to counsel. Under the law, a suspect may be
detained for no longer than 24 hours without being charged and
brought before a magistrate. After being charged, a person
may be held for as long as necessary for authorities to
conduct an investigation and bring the case to trial. In
practice, the judicial system usually meets the requirement to
charge an arrested person within 24 hours, but criminal case
backlogs have resulted in long delays--usually months,
sometimes years--for cases to reach trial. The local bar
association and national university law school offer legal
counsel at nominal fees. The Government provides public
defenders for indigent defendants but only after the pretrial
phase. The new judicial code, which became effective April 1,
provides for public trials based on oral testimony and
argument. Because the new system has not yet been fully
implemented, most trial procedures are still conducted with
written presentations by the prosecution and defense, without
the presence of the accused. The documents produced are
available for examination by both sides. In general, the
burden of proof rests on the prosecutor. The right to appeal
a verdict is available to the prosecution and the defense.
The Constitution provides a number of safeguards designed to
keep the judiciary independent: the Supreme Court is charged
with upholding the Constitution and laws; magistrates are
barred from simultaneously holding other public offices or
otherwise participating in politics; Supreme Court magistrates,
who are nominated by the President and ratified by the
Legislative Assembly, nominate all lower court judges. The
Attorney General, appointed by the President and ratified by
the Legislative Assembly, appoints superior court district
attorneys, who in turn nominate circuit district attorneys.
In practice, however, these safeguards have not resulted in an
independent judiciary. Credible observers charge that the
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most serious obstacle to obtaining a free and fair trial lies
not in the system as it is designed but in the influence of
the PDF over the judiciary. They maintain that the PDF not
only interferes with the outcome of specific trials but that
in practice, it appoints judges and transfers or dismisses
those judges who are not responsive to PDF interests.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In general, privacy of the family is respected, membership in
political organizations is voluntary, and people are free to
associate with whomever they choose. The 19-day state of
emergency in June suspended the right of the inviolability of
private correspondence. Although that right has been formally
restored, some opponents of the Government charge that mail is
tampered with or diverted and that telephone calls are
monitored. Under the Constitution, judicial warrants must be
issued before officials may enter homes. Because the judicial
system is heavily influenced by the PDF, warrants to search
homes of Government opponents have been freely granted.
Threats of home searches by the intelligence arm of the PDF
are regularly employed as harassment and intimidation
measures. In September, the PDF staged an apparently
warrantless search of the residence of an official of the
Panama Canal Commission.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
Panama has traditionally enjoyed a free media which engaged in
spirited and open criticism of the Government. The Government
responded to the political crisis which began in June 1987 by
imposing progressively harsh media curbs. The Government
formally suspended the right to free expression during the
June state of emergency. Two opposition radio stations were
closed, and print media were placed under government
censorship. At that time, the Government also temporarily
interfered with local distribution of the Miami Herald
newspaper. While opposition newspapers were not formally
closed at this time, they refused to publish in protest
against the censorship rules. When the state of emergency was
lifted, opposition radio stations remained closed, but the
opposition press resumed free publication, openly criticizing
the Government. In late July, the Government formally closed
opposition newspapers for an indefinite period. In the course
of the crisis, the Government expelled foreign journalists,
including correspondents for Cable News Network and Reuters.
It also set limits on local television news coverage and
harassed local journalists. At least one Panamanian
journalist said he received threats against his life before
fleeing the country. In other cases, family members of
opposition journalists have been threatened with loss of
government jobs and have had their homes searched. The
silencing of opposition newspapers was particularly
significant in light of the opposition's limited access to
electronic media. As of December, the only local newspaper
not adhering to a strict proregime line was the
semi-independent Estrella de Panama.
On December 16 President Delvalle announced the Government's
intention to permit the reopening of opposition media. At the
end of the year, the Legislative Assembly passed a limited
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amnesty measure designed to permit banned opposition media to
reopen in the early portion of 1988.
Although editorial policy has varied, no television station
expresses a clearly oppositionist viewpoint, and opposition
figures own only 5 of the more than 70 radio stations in
Panama. Two television stations which exercised some
independence in their coverage of local events received
letters from the Ministry of Government and Justice citing the
controversial libel law (Law 11 of 1978) and urging the
stations to avoid future broadcasts containing "false
statements." One station immediately ceased local coverage.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly.
This right was formally suspended for 19 days during the June
state of emergency and later under a presidential decree
banning demonstrations. After lifting the state of emergency
in June, the Government redefined its policy on demonstrations
a number of times. As of December, the policy provided for a
24-hour advance notice requirement for any public
demonstration, and a prohibition on certain activities which
had been particular trademarks of opposition demonstrations
since June, such as horn honking, obstructing the flow of
traffic, and throwing white confetti in the streets. In
practice, however, the Government has often allowed the
opposition to demonstrate peacefully without attempting to
interfere. At other times — most notably in early June and on
July 10 — the PDF responded to such protests with force,
including the use of tear gas, rubber truncheons, and shotgun
pellets. Protests by students, traditionally marked by
rock-throwing and property destruction, have brought
particularly swift and strong reactions from the PDF.
On October 22. the PDF prevented a scheduled Crusade
demonstration from taking place by deploying thousands of
combat ready troops in Panama City on the day of the event.
The Government also resorted to an assortment of harassment
techniques--an arrest campaign, telephone threats, and other
tactics of intimidation--f or several days prior to October
22. Panamanian professional, social, and civic groups have
traditionally been allowed to meet without interference, but
as the activities of these groups became politicized from June
onward under the banner of the Civilian Crusade, the Government
began a campaign of harassment, issuing arrest warrants
against leaders and raiding the Chamber of Commerce (which
served as Crusade headquarters) and the offices of the
Panamanian Association of Business Executives. In addition,
on July 1, armed progovernment bands raided the headquarters
of the opposition Christian Democratic Party, destroying files
and setting a small fire. On the same day, the headquarters
of the ruling PRD Party were also attacked by a group of
unidentified students.
Panama's organized labor movement is small but well
established. Workers enjoy a wide range of benefits under the
law. The rights to establish unions, to bargain collectively,
and to strike are generally unrestricted in the private sector
as well as in certain public sector agencies specified by law.
According to Labor Ministry statistics, about 17 percent of
the employed work force belong to unions. Most public sector
employees are not permitted to form unions or to strike, but
they may establish representative associations and have access
to government dispute resolution procedures. A source of
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concern among democratic labor leaders is the limitation
placed on the right of employees in the Colon Free Zone and
the offshore banking sector to organize unions.
The Government, has not interfered with the right of labor
organizations to strike or to engage in political protests,
and has been tolerant of periodic illegal walk-outs by public
employees. Elections within Panamanian labor organizations,
as well as employer and professional associations, are
generally democratic and free from government interference.
These organizations are unrestricted in their right to
affiliate with international bodies, and their members may
freely participate in political parties and other aspects of
Panamanian political life. Many employees are, however,
reportedly forced to join their employer's political party.
The Government periodically consults with organized labor and
employer groups on a range of public policy issues, and both
sectors are entitled by statute to representation on important
government boards, such as those governing the social security
fund and the vocational training institute.
c. Freedom of Religion
The Constitution ensures religious freedom to all. There is
no state religion. There are no restrictions on the free
exercise of religious beliefs, including proselytizing, and a
broad range of religious groups operates freely in Panama.
Religious beliefs are not an issue for any of the national
political parties.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution permits Panamanians to move freely within the
country and to emigrate. Freedom of movement was formally
suspended under the state of emergency, although the PDF made
no effort during the emergency to restrict travel within the
country. Oppositionists charged that after the lifting of the
state of emergency, PDF members manning checkpoints along the
highways continued to interfere with freedom of movement.
Prior to the Crusade's attempted mass rally October 22, the
PDF impeded residents of the provincial town of David
attempting to travel to Panama City to participate in the
scheduled event.
The Constitution prohibits compulsory exile and extradition of
Panamanian nationals. Some persons who went into exile under
previous regimes have returned and resumed full participation
in Panamanian society. Panama has accepted refugees of widely
differing ideological persuasions, and hundreds of displaced
persons and exiles from other countries reside in Panama.
Several hundred Salvadorans originally sponsored by the
Government of Panama are now supporting themselves in a
resettlement village. Several thousand Cubans are in Panama
seeking immigration to the United States or other countries;
there has been an increase in the number of Nicaraguans
entering Panama as well. No cases of forcible repatriation of
political exiles occurred in 1987.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Although Panama is nominally a representative democracy, the
PDF dominates government and politics in Panama. The 1984
elections, the first direct presidential and legislative
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elections in 16 years, have constituted a source of friction
between the Government and the opposition ever since the
controversial vote count came to a close. In June, accusations
by retired PDF Colonel Diaz Herrera of electoral fraud by the
military in the 1984 elections renewed the controversy and
further reinforced the feeling of many Panamanians that the
PDF engineered the current Government's election victory by
tampering with the vote count. An opinion poll conducted in
July 1987 by a Gallup affiliate showed that 77 percent of
Panamanians interviewed believed the 1984 elections were
dishonest. The next general elections are scheduled for 1989.
The PDF controls national politics in part through the
governing Democratic Revolutionary Party (PRD), which refers
to itself as the civilian arm of the PDF. The PRD has an
absolute majority (34 of 67) in the Legislative Assembly.
Together with allied parties it controls about two-thirds of
the votes in that body. President Eric Arturo Delvalle, who,
as (then) Vice President, assumed the presidency in 1985 after
the resignation of President Nicolas Barletta, is widely
perceived as subservient to the PDF. Critics of the judicial
system see it as responsive to the PDF. Government employees
report that they are pressured to join the political party of
the individual who heads the agency in which they work. A
number of government workers who participated in Civilian
Crusade rallies were subsequently fired from their jobs.
There have also been credible charges that supervisors
pressure government employees to participate in official
demonstrations, sometimes withholding paychecks unless
employees make an appearance at a scheduled progovernment
rally. This was reportedly so in the case of a progovernment
rally in front of the U.S. Embassy on June 30, which ended in
a rock-throwing attack on the Embassy and other U.S. Mission
buildings by a small group of professional assailants.
Before the political crisis which began in June, the
Government generally tolerated the organized political
opposition, allowing members to participate in Legislative
Assembly debates and to criticize the Government in the
opposition press. With the onset of the political crisis in
June, however, this toleration turned into harassment:
attacks on the opposition in the government-controlled press
increased, one party's headquarters were raided by police,
there were attacks by pro-government gangs on businesses owned
by opposition figures, and an opposition party leader was
summoned to the Attorney General's office to answer
questions. As noted previously, leaders of the recently
formed opposition Civilian Crusade faced more serious
sanctions .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In 1987 the Government granted a visiting U.S. Government
human rights officer appointments with the Foreign Minister,
President Delvalle, the Chief Justice of the Supreme Court,
and PDF, prison, and police officials. She also spoke with
inmates at the city jail and interviewed victims of birdshot
wounds and electric shock. Representatives of the U.S. -based
Physicians Committee for Human Rights visited Panama during
1987 but found that most Government officials did not respond
to their requests for meetings. The first of two Americas
Watch delegations received similar treatment--the Government
denied their requests to visit the city jail and to arrange
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appointments with government officials. Some time later,
however, government officials granted a second delegation from
Americas Watch a lengthy meeting with the Attorney General.
Several private human rights groups operate in Panama. Since
the political crisis which began in June 1987, these groups
have collected detailed data about individual cases of abuse,
acted as advocates for detainees, observed major opposition
demonstrations, and actively voiced their concern about human
rights violations. While the Government made little effort to
cooperate with these groups, it did not single out leaders for
harassment or persecution, despite their open criticism of the
regime's human rights conduct.
Human rights organizations claim that PDF influence over the
judiciary has resulted in major impediments to documentation
and investigation of human rights abuses. These groups state
that while the Government did not overtly obstruct their
efforts to document victims' cases, it assumed a nonresponsive
posture towards their investigations. Repeated requests for
investigations of rights violations, prison visits, and
meetings with judicial authorities went unanswered, but no
attempt was made to prevent released prisoners from meeting
with or relating their stories to investigators. The Panama
Chamber of Commerce served as the headquarters of the Civilian
Crusade, which operated a human rights committee from the
Chamber's building. Many reports of human rights violations
were seized along with other Crusade materials when the
Attorney General's office raided the Chamber of Commerce
August 4 .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution prohibits discrimination on the basis of
race, birth out of wedlock, social class, sex, religion, or
political views. Women are accorded equal political rights
under Panamanian law and hold a number of important positions
in the Government. The 67 members of the Legislative Assembly
include four women, one of whom served as the Assembly's first
vice president in the 1986-87 session. Of the 134 alternate
legislators, 23 are women. Three independent agency directors
and one vice-minister are women. Women also serve as Chief
Justice of the Supreme Court, president of the three-member
Electoral Tribunal, and director of the El Renacer
Rehabilitation Center. The mayors of Panama City and San
Miguelito are also women. Several women's organizations, such
as Unidad and Accion Feminina, are active in Panamanian
politics .
Due to traditional bias and general economic conditions,
Panamanian women do not enjoy the same opportunities for
advancement as do men. Panamanian law does not recognize
community property, and divorced or deserted women have been
left destitute. Female employment in urban Panama is
concentrated in traditionally low-paying service jobs.
Although the Constitution mandates equal pay for equal work,
wages paid to women are lower than those for equivalent work
performed by males and increase at a slower rate.
Comparatively fewer women than men participate in the labor
force, and their participation seems to fluctuate as the job
market expands and contracts. Government statistics showed
that in 1980 women made up about 27 percent of the economically
active work force, a slight decline from 1978. According to
the 1980 census, women slightly outnumber men in the
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professional and technical fields, are twice as likely as men
to be clerical office workers, and are grossly underrepresented
at the managerial and administrative levels. Many female heads
of households in the country's poorer areas are obligated to
work for the Government, usually as street cleaners, in order
to receive government support funds. The labor code gives
pregnant employees 12 weeks of mandatory maternity leave and
the right to return to their jobs.
Panama is a racially mixed country. The traditional monopoly
of power by persons of European descent was effectively ended
with the ouster of the civilian government by the National
Guard in 1968. Blacks, Asians, and people of mixed race are
active politically and are represented in senior civilian
positions in the executive branch, the PDF, and in the
legislature, where there are also five Indians. Prominent
among the minorities which retain some degree of separate
identity are English-speaking blacks of West Indian ancestry,
Jews, Arabs, Greeks, Chinese, East Indians, and North
Americans. Despite their small numbers, all of these groups
play major roles in Panama's urban economy. There is no
discrimination in law against these or any other social,
religious, or cultural groups; however, naturalized citizens
are forbidden to hold certain categories of elected office,
and retail trade is constitutionally restricted to native
Panamanians. While innumerable exceptions exist, Caucasians,
Asians, and persons of mixed race tend to be better off
economically and to occupy higher positions in government than
do blacks and Indians; however, the latter groups participate
fully in both the public and private sectors. Indian tribes
receive government assistance, particularly in the areas of
public health, welfare, and education. They are not restricted
to their tribal areas, but most remain there by choice,
reflecting longstanding resistance to assimilation. Indians
enjoy full voting rights and all other rights of Panamanian
citizenship, as well as limited self-government in tribal
areas. They play significant roles in the governments of four
provinces .
CONDITIONS OF LABOR
Panama has a comprehensive labor code which gives extensive
rights and benefits to workers. The maximum workweek is 48
hours. The law has established a minimum wage for most work
categories and requires substantial bonuses to be paid for
overtime. Although labor code reforms in 1986 released
employers from the obligation to pay certain bonuses and
overtime premiums, employers continue to be legally required
to provide workers with compensation adequate for a decent
life. Labor is prohibited for children under 14, or under age
15 if the child has not completed primary school. Both
hazardous work and night work are prohibited for persons under
age 18. Children between ages 12 and 14 may perform farm or
domestic labor as long as the work is light and does not
interfere with schooling. The labor code details numerous
health and safety standards for all places of employment. The
Ministry of Labor and Social Welfare is responsible for
ensuring compliance with these regulations, but in many cases
they are not strictly enforced.
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PARAGUAY
Paraguay has not had democratic government since its
independence in 1811. President Alfredo Stroessner has ruled
since 1954, dominating the military, the police forces, the
government bureaucracy, and the ruling Colorado Party. His
firm control over the party was reinforced in the contentious
August 1, 1987 party convention, when the more independent-
minded traditionalist faction lost control of the party's
governing board. The legislative and judicial branches of
government are clearly subordinate to the power of the
executive.
National elections for the presidency and the legislature will
be held in February 1988. The opposition's ability to conduct
an effective campaign is severely restricted by the Government.
Although two legally recognized opposition parties will
participate, the Colorado Party's control over the election
process has again induced most of the political opposition to
boycott the electoral process. In the 1985 municipal
elections, no opposition party candidate was credited with
winning in any of the 190 municipalities. By law, however,
the participating opposition parties share a third of the
legislative and municipal council seats, no matter how small
the total vote they receive in the elections.
In 1986 the Paraguayan economy was buffeted by severe drought,
which generated major recessionary pressures and a slump in
exports. However, modest recovery occurred in 1987 as a
result of improved weather and stronger international prices
for Paraguay's key agricultural exports. While the Government
has taken some steps over the past year to adjust exchange
rates to more realistic levels, a continued, complex, multiple
exchange rate system penalizes exporters, represents costly
subsidies for public sector enterprises, and results in a
misal location of scarce economic resources.
April 1987 witnessed the lapsing of the state of siege for the
first extended period of time since 1929, the return of two
well-known political exiles, a significant drop in the number
of political detentions, and political rallies by the
nonrecognized opposition in the interior, which drew crowds
reportedly in excess of 10,000. These positive developments
were reversed, however, after the militant faction took over
the Colorado Party at the August convention, and significant
violations of Constitutional civil and political liberties
resumed. Arbitrary short-term detention of oppositionists,
including dissident traditionalist Colorado Party members,
increased substantially. The number of political detentions
in the week prior to and the 2 weeks following the convention
surpassed the total number of detentions during the preceding
7 months .
Government officials often ignored Constitutional provisions
for protection of the integrity of the individual, the
reguirement for judicial warrants, freedom of assembly and
association, the right to a judicial determination of the
legality of detention, and the provision for a prompt and
impartial trial. Opposition rallies were broken up and
demonstrators beaten by police or Colorado Party supporters.
Warrants were not issued for any of the 1987 political
arrests, and a significant number of those detained were held
incommunicado without charges beyond the interval provided for
in the Constitution. In August opposition activist Rafael
Saguier was arrested and held for 4 months under a charge of
sedition, allegedly for insulting the military in a panel
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PARAGUAY
discussion and suggesting that democratization would come
after President Stroessner's death. His detention recalls the
similar arbitrary detention of his brother, Tito, for 4 1/2
months in late 1986.
Freedom of the press was further curtailed in 1987. The
Ministry of Interior suspended publication of the nation's
only opposition newspaper, and Paraguay's most independent
radio station closed after months of illegal jamming of its
broadcast frequency and government pressure on advertisers to
cancel their accounts. The Government has taken no action on
a subsequent application by Radio Nanduti owner Humberto Rubin
to relicense the station. Threats by official party organs
against the remaining print and broadcast media continued to
spur self-censorship in the press.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reported cases of politically motivated deaths.
b. Disappearance
There were no reported politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reported cases of torture or cruel punishment
used against political prisoners held in 1987, but opposition
politicians were often beaten by police during the arrest
process and were held incommunicado for varying periods.
As in previous years there were well-publicized and credible
charges of torture and physical abuse by police or municipal
officials in criminal cases, some of which resulted in death.
The seriousness of such allegations prompted police officials
in Asuncion to deny that torture is commonly used in prisoner
interrogations and to claim that officers charged with torture
are prosecuted under the law. Disciplinary action was taken
in some abuse cases leading to the reported imprisonment of
police officers. A Coronel Oviedo police officer, who
reportedly shot and killed an innocent peasant in December
1986, was formally charged and ordered imprisoned by a
criminal judge. Seven police officers, held since February
1985 in a beating and shooting death, were found guilty, and
the prosecuting attorney asked for a 9-year sentence for the
chief and 4 1/2 years for his six subordinates.
In January a 13 year-old died after he was allegedly tortured
by police investigating the theft of bicycles. No known
charges were filed against the police who claimed the youth
had attempted to escape. In March charges were filed against
three police officers for the death of a man from Hernandarias .
The court ordered the arrest of the three, but to date, the
case has not been heard. Also in March, a police chief in
Salto del Guaira was charged with unnecessary force resulting
in the death of a suspect. The disposition of the case is not
known. In April, a farmer was allegedly shot to death during
a heated exchange with two soldiers and a police officer; no
known charges have been filed. The press reported numerous
other instances of torture by police and other officials.
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PARAGUAY
Again this year, peasant organizations charged that military
and police authorities illegally arrested and tortured
landless farmers squatting on private or state-owned land.
Three such cases, two involving squatters at Tavapy II and one
involving landless peasants at Itakyry, were publicized.
Since the 1986 shooting deaths of two peasants at Tavapy II,
the military appear to have tried scrupulously to avoid
involvement in violence against squatters, and these cases now
appear to reflect principally police involvement.
Reports that long-term prisoner Napoleon Ortigoza was being
tortured, had been bricked into his cell, or was in need of
urgent medical attention not being provided by prison
authorities, appear to have been inaccurate. Archbishop Rolon
saw Ortigoza prior to his release and publicly stated that
Ortigoza was well and lucid. Ortigoza denied these reports in
published interviews following his release in December from 25
years' confinement.
The International Committee of the Red Cross (ICRC) is able to
visit any prisoner with whom it requests an interview, although
the Government does not always consent to Red Cross insistence
on private interviews between their representatives and
prisoners. Local judges, including the five Supreme Court
Justices, also routinely visit local prisons to meet with and
investigate the condition of prisoners. Paraguayan prisons
are notably austere, and, without supplemental food from
family or friends, prisoners could barely survive.
Nevertheless, criminal detainees do enjoy some privileges such
as meals shared with wives and children and conjugal visits.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution provides for a judicial determination of the
legality of detention and stipulates that any person arrested
without a warrant must formally be presented before a judge
and have charges filed against him within 48 hours of his
detention. These constitutional provisions continue to be
routinely ignored in 1987.
According to public sources, 253 opposition political
activists were arbitrarily detained and held at least
overnight in 1987. An unknown but significant additional
number were detained for several hours but were not
incarcerated overnight. The 1987 arrest figure represents a
net increase of 63 over 1986 detentions, which were twice the
number of 1985. One hundred fifteen of the 253 were held less
than 48 hours; 99 were held more than 48 hours but less than a
week; 39 were held more than 7 days. No known arrest warrants
were issued in any of the 253 cases, and formal charges were
filed in only 16 cases. Five law students, arrested without
warrants on September 18, were held for 3 weeks following a
campus confrontation between rival factions of the Colorado
Party, on charges characterized as groundless by law school
dean and Senate President Juan Ramon Chaves. The longest
political detention of 1987 was that of Authentic Radical
Liberal Party (PLRA) activist Rafael Saguier, who was arrested
on August 29 and released December 23. He was charged with
violating Law 209, i.e., sedition.
The state of siege ordinance, the authority by which most
political prisoners were held in 1986, was allowed to lapse on
April 8, 1987, after having been in effect virtually
continuously since 1929. Since the expiration of the state of
siege, there are no known instances where the court has
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disqualified itself on habeas corpus petitions as had been the
practice during the state of siege. Despite a sharp reduction
in the number of detainees immediately following the expiration
of the ordinance, the number of political detainees in August
and September exceeded any 2-month period in the previous 2
years while the state of siege remained in force. Arbitrary,
short-term detention was used primarily against the political
opposition, including dissident Colorados. One hundred
fifty-six of the detainees were held in connection with their
opposition political activities. The labor movement composed
the next largest grouping with 23 detainees in 1987.
No person was exiled in 1987. Two of those persons still in
exile at the end of 1986 were allowed to return in 1987 —
Domingo Laino on April 25 and Juan Carlos Galaverna on June
17, both after several unsuccessful attempts to reenter the
country. The status of long-term exile poet Agusto Rao Bastos
is unclear. The Government claims he is free to return, but
he has made no attempt to do so. Justice and Labor Minister
Eugenio Jacquet indicated in August that although the
Constitution does not discuss the legality of exile as a means
of punishment, it is nonetheless a legal right, established by
its traditional use under various governments in Paraguayan
history. Members of the illegal Paraguayan Communist Party in
exile have not returned to Paraguay, probably fearing
imprisonment were they to do so.
Forced labor is prohibited, and it is not practiced.
e. Denial of a Fair Public Trial
Trials are conducted almost exclusively by presentation of
written documents to a judge, who then renders a decision.
The accused often appears before the court only twice--to
plead and to hear sentencing. All judgments are automatically
reviewed by an appellate judge, and appeals to the Supreme
Court are possible. Part of both civil and criminal
proceedings are open to the public and are often reported in
the press. However, court proceedings in cases of a sensitive
political nature are held in camera, and subsequent press
reports are based only on the attorney's or judge's comments.
The Constitution and the penal code provide numerous safeguards
to protect the rights of individuals. However, the judiciary
remains subordinate to the executive branch. Executive
influence is exercised through the presidential appointment of
judges, control over the judiciary's budget, and through
political party discipline. A prominent lower court criminal
judge resigned in September citing his refusal to accede to
demands from the executive in cases assigned him.
Executive interference, administrative shortcomings, and the
lack of adequate financial support for the judicial system can
limit the right of an accused to a fair, speedy trial. Prison
authorities at the National Penitentiary at Tacumbu recently
stated that 94 percent of those imprisoned had not yet been
sentenced. Many accused serve the normal time prescribed for
the crime for which they are accused and are released without
ever having their trial proceedings completed. The widespread
perception that judicial protection depends on political,
military, or economic power engenders sufficient fear to
prevent most citizens from confronting political or police
authority.
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PARAGUAY
Efforts to improve the image of the judiciary included the
suspension of a judge in Ciudad Stroessner for failure to act
in a timely manner on a case involving a police officer charged
with torturing to death a prisoner in his custody. A second
judge was suspended for allegedly extorting $50 from a
defendant in a case he was hearing.
Two cases involving convicted prisoners of international
notoriety were subjects of judicial review in 1987. Rafael
Mella Latorre, convicted in 1980 as an accomplice in the death
of Anastasio Somoza and sentenced to 6 years in prison, has
not been released. Authorities maintain he is now being held
in connection with his alleged participation in a prison riot
in January 1986. Mella, and others accused in the riot, began
pleadings in the new case in October 1987, 1 year and 10 months
after the event. Napoleon Ortigoza, held in solitary
confinement since being convicted in 1963 for the murder of a
military cadet, was released on December 20. Following his
release, Ortigoza was ordered to a provincial town for 30 days.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
While government and security forces generally do not
interfere in the private lives of most citizens, there are
notable exceptions. Although private homes are
constitutionally protected from entry except with a judicial
warrant or to prevent a crime, this protection has been
ignored in practice. On February 11, Asuncion police launched
a tear-gas grenade into the garden of a private residence
where a small group had gathered, before a police cordon was
established, for a dinner in honor the U.S. Ambassador. The
police claimed that the gas entered the garden accidentally
although the tear gas grenade was launched from close range
and landed close to the Ambassador, an Embassy officer, and
their hosts. On April 12, police broke into a private home in
an Asuncion suburb to disrupt a meeting and arrest seven
leaders of the PLRA. Other party leaders escaped over a
garden wall. According to press accounts and statements by
the home owner, the police did not have search or arrest
warrants. The police stated that they were halting an
unauthorized political meeting. No charges were filed against
the seven men who were held for 1 day and then released. On
August 30, police entered the home of the hospital workers'
leader. Hector Lacognata, without a warrant. Police claimed
they had orders to arrest Lacognata, but, in fact, did not
arrest him. On October 7, police entered a private home in an
Asuncion suburb without a warrant and arrested 17 leaders of
the PLRA. The 17 were taken to a local police station and
released an hour later.
There are credible reports that security forces routinely
intercept and open private mail and monitor private telephone
conversations. Some political opponents and independent labor
leaders have been unable to obtain municipal services, such as
telephone and water utilities.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press suffered further reversals in
1987. Despite broad constitutional assurances of freedom of
speech and press, in practice the Government will tolerate
only limited amounts and kinds of criticism. Direct criticism
579
PARAGUAY
of the President or members of his family, the military, and
key civilian leaders are avoided by the major print and
broadcast media. Some observers believe that El Pueblo,
Paraguay's only opposition party newspaper, apparently
exceeded those constraints. Owned and operated by the legally
recognized Revolutionary Febrerista Party (PRF) , El Pueblo had
reached a weekly circulation of 45,000 before it was suspended
by a Ministry of Interior order on August 28. The Government
subsequently sought and obtained a court order to legalize the
closure. The independent newspaper ABC Color, suspended by
government order in March 1984, remained closed. A government
permit is required to publish a newspaper; at least two
applications for such permits were denied in 1987. Six
journalists were arbitrarily detained in 1987 and 3 were
beaten by police or Colorado vigilantes during the arrest
process .
Radio Nanduti, an independent radio station, suspended its
broadcasts on January 14, following months of illegal jamming
of its authorized frequency. Written appeals to the courts
and to the National Telecommunications Administration,
responsible for protecting airwave rights, were denied. The
illegal jamming, which originally blocked out news and public
information programs, was expanded to include commercial
announcements, and eventually blocked the Radio Nanduti AM
signal during virtually all of its air time. The ruling
Colorado Party is clearly identified with a parallel campaign
to drive Radio Nanduti off the air by intimidating the
station's advertisers. The Government prohibited the weekly
Sunday broadcasts of Catholic church services in the four
interior towns of Pilar, San Pedro, San Estanislao and
Concepcion. In Concepcion the broadcasts were later allowed
to resume. A press conference planned by Freedom House
representatives at Radio Nanduti was prohibited by the
Government. The closing press conference of the Interamer ican
Press Association scheduled to take place at the editorial
offices of the closed newspaper ABC Color, and a follow up
conference at the hotel, were similarly prohibited.
Other independent media outlets received strongly worded
warnings and thinly veiled threats either printed in the
Colorado Party's official daily newspaper. La Patria, or
broadcast in its daily national radio program. Editors of the
more independent media, such as Radio Caritas, Radio Primero
de Marzo, and the newspaper Ultima Hora, deny that they
consciously exercise self-censorship over their news reporting,
b. Freedom of Peaceful Assembly and Association'
The rights of peaceful assembly and association, though
provided for by the Constitution, were regularly violated in
practice. Despite the expiration of state of siege provisions
requiring a permit for any public gathering in excess of five
persons, the police routinely insisted on prior authorization
for any meeting involving the political opposition, labor, or
students. This provision was not enforced for members in good
standing of the Colorado Party, the cooperative opposition, or
in cases involving nonpolitical groups.
On January 2, 1987 the United States announced a decision to
suspend Paraguay's beneficiary status in the U.S. Generalized
System of Preferences (GSP) program because Paraguay was found
not to be in compliance with the requirements in the GSP
statute regarding "internationally recognized worker rights".
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PARAGUAY
The decision followed a review of allegations of Paraguayan
practices denying freedom of association for labor unions and
harassment of union leaders.
During early 1987 the Government selectively permitted a
number of political opposition and labor gatherings that in
previous years were forbidden. The nonrecognized parties,
particularly the PLRA, were permitted to hold rallies; the
Inter-Syndical Workers Movement (MIT) staged a public May 1
Labor Day rally in a downtown Asuncion plaza; and the April 24
initial launching of the Independent University Student
Movement (FEUP) was approved and was not impeded by police.
However, the PLRA soon experienced problems, and police began
blocking and repressing meetings and beating and arresting the
organizers. An MIT picnic was prohibited in August and dts
leader arrested, and a September rally of the FEUP was blocked
by police.
In a particularly noteworthy example of governmental
suppression of political and labor opposition, a September
opposition/labor panel discussion in a Catholic Church
parochial meeting hall in Coronel Oviedo was violently broken
up by Colorado Party vigilantes interspersed in the audience.
Armed with chains, cables, and truncheons, as well as a few
pistols, and led by the Colorado ward vice president, the
militant party supporters attacked the panelists as well as
the parish priest who attempted to intercede to stop the
violence. Rather than condemning this vigilantism, the
Minister of Justice and other government authorities lauded
the action. PLRA meetings were prohibited, prevented, and
disrupted in the interior and the capital, in open public
spaces, meeting halls, private clubs, and even private homes,
and its leaders beaten on several occasions.
Other opposition groups suffered similar treatment. Police
blocked a commemorative Mass organized by the Popular Colorado
Movement (MOPOCO) in May and denied access to the cathedral
and entry of the officiating priest. The public launching of
a new political group, the Popular Democratic Movement (MDP) ,
scheduled to be held in the Radio Nanduti auditorium in July,
was prohibited by police. On five separate occasions, peaceful
political protests called civil assemblies, organized by the
PRE in crowded public areas in Asuncion, were broken up by
police using excessive force. A number of oppositionists,
students, and reporters were beaten by police.
Student and cultural groups suffered similar treatment.
Following a March 22 memorial Mass commemorating the closure
of the newspaper ABC Color, attended by U.S. religious press,
the Ambassador, and Brazilian parliamentarians, police beat
placard-bearing students in front of the Metropolitan
Cathedral. In April a law school student rally was violently
broken up by police, and five students were arrested.
Students at the National Theological Seminary were brutally
beaten when they attempted to leave their campus in a
"Stations of the Cross" march to demonstrate support for the
release of the five law students and to protest government
policies .
Throughout the year police engaged in antilabor activities.
They barricaded entrances to halls retained for meetings by
the Construction Workers Union (SINATRAC) and the Commercial
Workers Union (SEOC), prevented elections by the union of a
cotton and vegetable oil processing plant (CAPSA) and a
meeting of a journalists union (SPP), refused permission for
581
PARAGUAY
education workers to meet and organize, and violently broke up
a march by health workers at the Asuncion Hospital de Clinicas
and beat several doctors. Various union leaders were arrested
on numerous occasions, specifically Victor Baez, President of
FETRABAN and leader of MIT who was arrested twice, Elsa Mereles
and Carlos Filizzola of the Hospital de Clinicas, Pedro
Salcedo, Secretary General of the Cotton Workers Union
(CAPSA) , and Gregorio Ojeda, Secretary General of the
Construction Workers Union (SINATRAC) .
Beginning in September police lines systematically blocked
public panel debates sponsored by Radio Nanduti, which were to
have been held in the station's auditorium. Police spokesmen
denied that the panels were prohibited and explained that only
entrance by nonstation personnel (including the panelists) was
forbidden.
The government-linked Confederation of Paraguayan Workers
(CPT) represents most recognized labor unions, but is clearly
not independent and makes only pro forma efforts to defend
workers' interests. The right to strike, while recognized
under Paraguayan labor law, is virtually impossible to
exercise due to the complex legal process of fact finding,
arbitration, and adjudication required before a strike can be
considered legal.
c. Freedom of Religion
Roman Catholicism is the predominant and official religion in
Paraguay, but the Constitution provides freedom of conscience
for other denominations. This freedom is respected. Adherence
to a particular creed confers no automatic advantage, and
conversion from one faith to another is permitted. Foreign
and local missionaries proselytize openly, and a number of
Protestant groups have achieved marked growth in the number of
their adherents. The Jehovah's Witnesses lost their legal
status in 1979. An appeal filed with the Supreme Court on the
right of Jehovah's Witnesses children to abstain from
participation in mandatory patriotic observances in public
schools was decided in July against the children. The Court
ruled that constitutional provisions requiring veneration of
the national symbols overrode provisions establishing the
right to education for all citizens. Despite the church's
lack of status, the Government has not moved against church
property.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Most Paraguayan citizens travel freely with virtually no
restrictions on their freedom of movement, but there are
periodic and random road-blocks established on rural roads to
verify possession of national and voter registration cards and
current payment of registration fees. Those citizens who do
not oppose the Government may enter and leave the country
without restriction. However, the Government restricted the
travel of a number of citizens active in the political
opposition or in labor movements in 1987. Humberto Rubin,
owner of Radio Nanduti, was prohibited from leaving Paraguay
on two occasions in 1987 — in February, as he departed for a
socialist convention in Spain, and in May, when he attempted
to travel to the United States to speak at a seminar sponsored
by the National Endowment for Democracy. Rubin's passport was
seized when he tried to leave in February and has not been
returned. He was told that he is prohibited from traveling
582
PARAGUAY
due to unresolved charges pending against him under the
political offenses statutes, despite the presiding judge's
rejection of that argument.
Two labor leaders at the National Teaching Hospital--Nurses '
Union President Elsa Mereles and Doctors* Union President
Carlos Filizzola--have applied for passports and repeatedly
been unable to obtain them. The identity documents of other
political and labor leaders have been confiscated, and some
have been subsequently arrested for failure to produce
identification at police checkpoints.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
President and General Alfredo Stroessner dominates the
Paraguayan political scene. He exercises political control
over the executive, legislative, and judicial branches through
the Colorado Party, which administers public patronage, and
through the military and police forces, which maintain public
order. The ruling party's two-thirds majority in the Senate
and the Chamber of Deputies gives the Colorados complete
control of the legislature. There has been no recent occasion
when the legislative branch has rejected any significant
presidential proposal or adopted any significant proposal by
the legislative opposition. By statute, the legislature
includes a one-third opposition presence, currently divided
among the two opposition parties that participate in national
elections. Their legislative presence exceeds the combined 10
percent of the vote they are credited with in recent
elections. They can express their views and criticize the
Government but have no real power.
General elections, held every 5 years for the presidency and
the legislature, will next be held in February 1988.
Municipal elections, last held in 1985, also occur nationwide
every 5 years. The law requires that all Paraguayans between
18 and 60 years of age vote. However, sanctions for not
voting are rarely applied except against public service
employees. One of the legally recognized opposition parties
(the PRF) does not participate in elections, claiming that
government control over the political process makes such
participation meaningless. The nonrecognized opposition
groups, the PRF ' s partners in the National Accord (the
Christian Democratic Party (PDC), the PLRA and the MOPOCO) ,
also practice nonparticipation for the same reason.
Restrictions on the activities of opposition political
parties, the system of indirect selection of candidates, and
the control of the electoral machinery by the dominant
Colorado Party constitute a seriously flawed electoral
process. Secret balloting provisions are frequently not
respected. Votes reportedly are counted at times without the
presence of an opposition or impartial poll watcher. In
recent elections, in some jurisdictions, the Colorado Party
finished with more votes than the number of registered
voters. Speaking in defense of the generosity of the Colorado
Party during elections. President Stroessner said publicly
that the number of votes of the participating opposition is
sometimes inflated by the Colorado vote counters.
Nevertheless, since the opposition began participating in
elections in 1963, they have won only one municipal
election--in the first such contest, and reportedly by
error--among the country's 190 municipalities.
583
PARAGUAY
Hence, Colorado Party membership is the essential criterion
for employment in the government, including the judiciary, the
teaching and administrative staffs of public schools
nationwide, the national university, state-owned hospitals and
clinics, state enterprises such as the public utilities, the
national steel company, and the security services. Following
the Colorado Party convention, press accounts indicated that
dozens of persons were fired from government payrolls for
their refusal to support the ascendant faction of the party.
During a September rally in Asuncion in honor of the Colorado
Party's centennial, organized by the newly dominant militant
faction, a public holiday was declared, public workers were
bussed to the rally site, and those who did not participate
were asked to submit medical certificates or risk firing. The
notion of participation in the 1988 election through casting
blank ballots as a sign of protest is currently being
considered by some of the nonrecognized opposition and
dissident Colorados, including those alienated from their
Party at the August convention.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government continues to react negatively to any foreign
comments about its human rights record, describing such
comments as unwarranted interference in Paraguayan internal
affairs. The Government reacted to its January 1987
suspension from the U.S. program of Generalized System of
Preferences (GSP) trade benefits for failure to provide
internationally recognized worker rights with a bitter attack
on the United States and its Ambassador. The Government
formally responded in writing to reports on human rights abuses
in Paraguay by the Inter-American Human Rights Commission and
the U.N. Human Rights Commission and has received visits by a
U.N. rapporteur the last 2 years. Both reports conclude that
there are flaws in Paraguayan Government structures and
practices which result in serious human rights violations.
Nevertheless, as it has since 1977, the Government continues
to refuse to set a date for the Inter-American Human Rights
Commission's on-site visit to Paraguay.
Local organizations remain active in the investigation and
defense of human rights in Paraguay. The Committee of
Churches (supported by foreign churches), the Paraguayan Human
Rights Commission (which publishes a periodic newsletter), the
local chapter of the Association of Latin American Lawyers for
the Defense of Human Rights, and PRODEMOS (a group which
includes a Roman Catholic bishop among its leaders) are the
four major human rights groups operating in Paraguay. The
opposition parties and the Catholic Church are also active
advocates on behalf of human rights. The Catholic Church's
weekly newspaper, Sendero, includes alleged human rights
violations as a major part of its editorial format. These
groups not only assist in providing legal defense for victims
of human rights abuse but also aid in informing international
groups about conditions in Paraguay.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The common unifying elements in Paraguayan culture are its
Roman Catholicism and its Guarani-language roots. While
social stratification exists, and there is only very limited
social mixing, there is some social mobility and no clear
584
PARAGUAY
evidence of discrimination based on race, religion, or
language. Particularly in political or military circles,
nonfluency in Guarani and a lack of ties to peasant or rural
origins is considered a severe handicap.
The Constitution provides for "the equality of civil and
political rights of women," but women, in fact, play a minor
role in political life. The executive and judicial branches
of government have few prominent female officials. There are
two women in the 90-member legislature. While the traditional
social system limits the participation of women, they have
long been economically active, particularly those from lower
income groups, and increasing numbers are participating in
business, the professions, and the artistic world. Women
usually receive less remuneration than men for comparable
work. There are two organizations concerned with women's
rights--an auxiliary organization of the Colorado Party, and
the Union of Paraguayan Women (UMPA) , an organization founded
in 1982 by a former opposition national deputy. A new
organization. Women for Democracy, was formed in 1987. It
includes professional and politically active women from a
broad political spectrum, but none involved in or with the
Government .
Paraguay has an unassimi lated Indian population estimated at
between 75,000 and 100,000. The Government's National
Indigenous Institute can purchase land on behalf of the
Indians and can expropriate private property under certain
conditions to establish tribal homelands. In 1987, there were
two well-publicized cases of private land expropriated on
behalf of indigenous groups. The Government also actively
encourages church groups to work with indigenous populations
for health and welfare, as well as religious ends. The
problems of the indigenous population continue to receive
frequent publicity in the Paraguayan media.
The Government has investigated reports of massacres or
murders involving members of the indigenous tribes. A report
in December of the massacre of eleven Pai Indians was quickly
investigated, and a number of suspects in the case were
arrested. On December 15, when eight of the missing Indians
were found unharmed, it appeared that no massacre took place,
and the suspects were released.
CONDITIONS OF LABOR
The Paraguayan labor code provides minimum guarantees of
worker rights and benefits. Public sector, temporary, and
domestic workers are not covered under this law. According to
the code, maximum hours are set at 8 hours per day or 7 hours
for night work, with 1 day of rest per week. A minimum wage
is established by the labor authority depending on the type of
work and the region, based on studies of the cost of living
prepared by the National Economic Coordinating Committee. The
law provides for a 1-month annual bonus. Minors between 15
and 18 years of age may be employed only with parental
authorization and cannot be employed in dangerous or unhealthy
conditions. For children between 12 and 15 years of age,
there is a restriction that work be in a family enterprise, an
apprenticeship, or agriculture. Married women require their
husband's consent to enter a labor contract; however, labor
contracts may not be denied to women who worked prior to
marriage. Paid maternity leave of 6 weeks prior to and after
birth is required. Day care centers for children under 2
years of age are mandatory for enterprises employing more than
585
PARAGUAY
50 women. Severance pay is specified and compensation is
provided for in cases of unjustified dismissal.
The labor code also governs conditions of safety, hygiene, and
comfort. The absence of a strong independent trade union
movement, and the slowness and relative expense of the labor
law system to adjudicate cases, result in the frequent failure
to provide the protections of the labor code.
586
PERU
Peru has a freely elected democratic government, with an
executive branch headed by a president, a bicameral
legislature, an independent judiciary, and an autonomous
attorney general. Peru's history has been punctuated by
periods of military rule, most recently between 1968 and
1980. President Alan Garcia and his American Popular
Revolutionary Alliance (APRA) won the last general elections
in 1985 by a large margin. General elections are next
scheduled for 1990. Political representation in Congress
ranges from conservative to Marxist. Independent trade unions
are active. Freedom of speech and press generally are
respected, and the media often criticize the Government.
Peru has a mixed economy, and private property is generally
respected. Natural disasters, low commodity prices, and
terrorism have taken their toll on the economy. In spite of
renewed growth in 1986 and 1987, per capita income is no
higher than it was 20 years ago.
Since 1980, the Sendero Luminoso (Shining Path) Maoist
guerrillas have used terror to undermine democracy. Rejecting
calls for dialog and lacking widespread popular support,
Sendero regularly has assassinated local officials, APRA party
members, police and soldiers, and ordinary citizens who
withhold support. In 1987 Sendero stepped up activities in
coca-producing areas, demanding protection money from coca
producers and attacking narcotics police. Sendero also
increased its assassinations of APRA and government officials.
Although not alone in committing abuses, Sendero is a major
human rights violator and bears heavy responsibility for the
rise in violence in Peru. In addition, two other smaller
terrorist groups contributed to increased violence.
The military leads the effort to combat subversion outside
Lima. The number of provinces (in addition to Lima and Callao)
under a state of emergency increased to 34 in November (out of
a total of 181) and remain at that level. These states of
emergency place all executive branch authority in the local
military command, suspend restrictions on arbitrary detention
and search warrants, and restrict rights to movement and
assembly. The history of military coups has limited civilian
control over the armed forces. There is little oversight of
military activities in the emergency zones by civilian judges
or prosecutors, and the constitutional rights of persons
detained by the military are usually ignored. Three police
services, which report to the Interior Ministry, have the
primary counterterror ist role in Lima and other cities.
Under the previous administration, counterterror ist operations
resulted in widespread human rights violations. Reports of
summary executions by the security forces dropped in 1987, but
only after the military restricted journalists' access to the
Ayacucho emergency zone. The Public Ministry, an independent
body with constitutional responsibility to promote criminal
prosecutions and protect human rights, reported 120 complaints
in 1987 of disappearances allegedly carried out by the security
forces, of which only 20 were resolved. Human rights groups
believe many of the remainder were summarily executed, and
such conclusions appear to be well founded. Public Ministry
prosecutors have made credible charges regarding the use of
torture by government entities, to which the Government has
not responded. In 1987 the Government withdrew permission for
the International Committee of the Red Cross (ICRC) to visit
key prison and detention centers. Trials of military personnel
587
PERU
accused of human rights violations (there are five currently
in progress) move very slowly. That of Commander Artaza is
postponed indefinitely due to the defendant's disappearance.
Human rights groups charge that the military is deliberately
stalling the remainder.
Positive developments in 1987 included the creation of a
prestigious congressional commission to investigate the 1986
prison killings and revision of the antiterrorism law to
require that suspects be interrogated only in the presence of
a Public Ministry prosecutor and a defense attorney. Human
rights groups say the law governing police interrogation of
terrorist suspects is usually observed in Lima, but much less
so in other areas.
Several developments in 1987 caused concern that elements of
the governing APRA party were using violence against suspected
terrorists and political opponents. These included a failed
bombing against a proterrorist newspaper; an alleged kidnaping
attempt against a leftist congressman; and press reports of
police seizures of APRA arsenals. The Government and APRA
deny any wrongdoing.
In December 1987, Americas Watch published a report that
expressed several concerns. While acknowledging that the
Government has had to confront the Sendero insurgency, and
that the Government does not engage in human rights abuses as
a matter of policy, the report criticizes the Government for
passivity in not pursuing a more vigorous program to end such
abuses. The Government was criticized for the lack of
investigations into abuses committed by the security forces,
especially the lack of progress in the investigations of the
1986 prison riots.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Political killings remained a significant problem in 1987.
Rejecting dialog and seeking the overthrow of democracy,
Sendero Luminoso continued to assassinate policemen, soldiers,
government and ruling party officials, as well as recalcitrant
peasants. Between January and November 1987, Sendero killed
612 persons, according to the research organization DESCO; due
to the isolation of many rural areas where Sendero is most
active, the number of victims almost surely is under reported .
In the countryside, Sendero used violence, particularly
assassinations, to impose its control in certain areas, to
punish so-called "traitors," and to eliminate sources of
opposition. In the cities, Sendero used assassinations more
for propaganda purposes. Particularly noteworthy was the
increase during 1986 and 1987 in Sendero killings of government
and party (APRA) officials. Sendero killings in 1987 included
the January execution of 3 peasants in Ayacucho Department who
participated in a government employment program; the April
ambush of an army bus in Huancavelica Department in which 10
soldiers and 4 civilians died; the April attack with automatic
weapons against a Lima restaurant in which 3 army officers and
5 bystanders died; the August assassination of the Prefect of
Apurimac Department, along with his 12-year-old son; the
killing in August of Rodrigo Franco, President of the
government food corporation ENCI , witnessed by his family; the
588
PERU
September killings of 14 peasants in an Ayacucho village; the
October assassination of a government party official; and the
murder in December of 3 development officials in Ayacucho.
In addition to Sendero, a smaller terrorist group, the Tupac
Amaru Revolutionary Movement (MRTA) , killed two policemen in
April 1987. In alliance with the companion Movement of the
Revolutionary Left (MIR), it carried out numerous bombing
attacks against public buildings and diplomatic installations
that claimed the life of one civilian and wounded several
others. With the advent of MRTA rural operations, that
organization has killed as many as 20 soldiers in San Martin
Province. A MRTA leader stated in a December interview that
some of the soldiers died from mines laid by the MRTA.
The Government claims to have killed approximately 4,200
alleged terrorists since 1983, including approximately 310 in
1987. This is much lower than the 1986 total of 813, which
included approximately 250 imprisoned Sendero members.
Casualties in remote areas likely are underreported by the
military, and probably include a large but unknown number of
captured terrorists and innocent civilians summarily executed
by the security forces. The Government acknowledged in 1985
and 1986 that summary executions had cost the lives of about
200 persons. In 1987 the senior public prosecutor in Lima
accused the armed forces and civil guard of directing
inhabitants of Uchuraccay in January 1983 to massacre 8
journalists .
Peruvian human rights groups have agreed that there has been a
drop in reported summary executions since 1985 and have brought
forward few specific accusations of such executions in 1987.
They expressed concern, however, that this drop reflects, at
least in part, government efforts to hide abuses. Following a
media expose in 1986 of summary executions in Ayacucho, the
Ayacucho military command in 1987 sharply decreased
journalists' access to areas where fighting was heaviest. The
effect was to reduce independent observers' ability to monitor
abuses .
Human rights groups were also concerned about the lack of
punishment for members of the military accused of participation
in summary executions. Even in cases where the Government has
acknowledged that executions occurred (Accomarca and Pucayacu
in 1985, Lurigancho prison, Pomatambo, and Parcco in 1986), no
military personnel have yet been convicted of wrongdoing. The
congressional commission charged with investigating the Parcco/
Pomatambo executions never reached the site of the killings.
The Ayacucho political-military command refused to provide
helicopter support to the commission (claiming other demands)
and said the military could not vouch for the commission's
safety if it traveled by road. The commission decided not to
visit Parcco and Pomatambo under these conditions.
After a 1-year delay, in August the government majority in
Congress named a commission headed by a respected leftist
opposition leader to investigate the 1986 prison uprising, in
which about 250 prisoners died. Of the approximately 95
policemen originally detained in connection with the summary
executions at the prisons, only 15, including 3 officers,
remain in custody. The commission's extensive minority report
blamed the government for using force too soon and in excessive
amounts, failing to observe legal requirements, and concealing
evidence. It concluded that several top officials should be
tried for their responsibility. The majority report, approved
589
PERU
by the APRA-controlled Congress, acknowledged excesses but
exonerated top officials. In a special report on the prison
killings which Amnesty International (AI) released in February
1987, AI charged that there had been "a deliberate cover-up of
the events by civilian, as well as by military, authorities,
which tended to hide the notorious violations of human rights."
The military justice code contains no provision for dealing
with cases of killing, kidnaping, or torture — only "negligence"
and "abuse of authority." Legislation to correct this
shortcoming passed the Senate in 1986 but has not yet passed
the Chamber of Deputies. In a positive move the Supreme Court
upheld a lower court's maximum sentences for several
antiterrorist policemen convicted of multiple killings which
occurred in Soccos in 1983.
An October 2 explosion in front of pro-Sendero newspaper El
Diario shortly after the Sendero assassination of an APRA
official sparked allegations that members of the government
party were using paramilitary violence against suspected
terrorists. The explosion occurred prematurely and killed two
occupants of a car and wounded another. All three had links
to APRA or the police. The Government has denied any
wrongdoing but so far has not provided a plausible alternative
explanation for the attempted bombing. Earlier in 1987, the
press reported two separate police arrests of government party
members and the seizure of a large number of military weapons
and explosives; in 1986 there were credible reports of
government party bombings against church and leftist opponents
in the Department of Puno . Human rights groups and opposition
party members are concerned that the El Diario explosion may
reflect a party or government policy of "tit-f or-tat" response
to Sendero.
b. Disappearance
Since 1983, there have been between 2,000 to 3,000 cases of
alleged disappearances involving the security forces. The
Public Ministry estimates that about 10 percent of these
allegations involve persons who reappeared, changed their
residence, or joined Sendero. The majority of cases occurred
prior to 1985.
Human rights groups have estimated that there were
approximately 200 unresolved disappearance cases for 1987.
Most involved alleged detentions of individuals suspected of
terrorism by the armed forces in the Ayacucho emergency zona.
About 20 of the persons reported to have disappeared turned up
alive in police custody. Human rights groups charge that the
remainder were summarily executed by the security forces. The
bodies of disappearance victims are rarely found. Based on
testimony by survivors of disappearances, it appears that most
disappearance victims are taken to military bases for
interrogation. Some are turned over to the police after long
detentions and afterwards are freed for lack of incriminating
evidence. Human rights groups argue persuasively that the
rest are summarily executed by the armed forces.
A December 1986 report by the United Nations Human Rights
Commission (UNHRC) Working Group on Forced or Involuntary
Disappearances noted that "although there were fewer cases,
the structures that permitted disappearances to occur remained
intact, and the number of persons released after having been
held in unacknowledged detention was still considerable."
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Although most disappearances occur in rural areas, they have
spread to Lima as well. Jose Vasquez Huayca, a lawyer who
defended accused terrorists, disappeared in October 1986 and
has not been seen since. Reliable observers claim that an
eyewitness saw Vasquez detained by the security forces in the
Palace of Justice just before his disappearance. Although the
Government has stated that Mr. Vasquez is not in detention,
his family claims that other detainees reportedly saw Vasquez
in the cells of the Anti-Terrorism Directorate of the
investigatory police. In February 1987, university student
Angel Perez Ali reportedly disappeared following police
detention of nearly 800 Lima students after a nighttime raid
on Lima universities. In May 1987, a newspaper reported the
capture of alleged Sendero member Santiago Castillo Cavero.
Castillo was never seen again, and the police deny he was ever
captured. In October APRA youth leader Jaime Bedon was
arrested for trying to detain at gunpoint a Marxist
congressman. He was subsequently released and was dropped
from his party position because of the attempt. In October
there were allegations that Carmen Rosa Rodriguez (a member of
the pro-Sendero "Committee of Family Members of Prisoners of
War") disappeared after a visit to Canto Grande prison; the
police deny she was ever detained.
The Public Ministry sent a special prosecutor, Carlos Escobar,
to Ayacucho in July to investigate the disappearances of 142
persons in 1987, of which 45 persons were alive (three had
died) . Although the reappearance of disappearance victims was
more common in 1987 than before, Escobar's efforts may well
have contributed to the finding of some of the victims before
they disappeared for good. In addition, Escobar's report
critical of military human rights practices is a departure from
the normal practice of the Public Ministry. The military's
refusal to permit the Public Ministry, judges, or other
civilian agency officials access to military detention centers
remains a major obstacle, as well as the absence of vigorous
prosecution of persons accused of carrying out disappearances.
No member of the security forces has ever been convicted of
participating in a disappearance. The trial of Navy officer
Alvaro Artaza, accused of the disappearance in 1984 of
journalist Jaime Ayala, was suspended in 1986 when Artaza
dropped from sight, reportedly with Navy consent. The
Government claimed it was unable to locate him in 1987,
although Artaza somehow managed to file a legal plea before
the Constitutional Guarantees Tribunal in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture and inhuman or humiliating
treatment. Nevertheless, charges of brutality toward detainees
are common. In February a senior Public Jlinistry prosecutor
claimed that police probably had tortured or mistreated many
of the 800 students detained during a police sweep. Human
rights groups claim that suspected subversives are routinely
tortured at military detention centers and at the police
antiterrorism unit's (Dircote) detention facility. Lawyers
and other persons familiar with the police and judicial system
concur in these charges. In September, the Public Ministry's
special prosecutor in Ayacucho Department declared that the
majority of persons recently detained by the military, who
were usually held incommunicado, showed signs of mistreatment
or torture. The Government has not responded to these charges.
A commission appointed by the Minister of the Interior to
investigate the charges of torture of 10 peasants in Cuzco in
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November 1986 reported that the 10 detainees were held beyond
the legal limits imposed by the law and that they were tortured
by the police while in detention. The report indicates that
the illegal detentions and torture were carried out with the
knowledge of the prefect and the public prosecutor of Cuzco
and named the men responsible. Charges were filed against the
policemen allegedly responsible for the Cuzco torture case;
the trial has not concluded.
The new terrorism law's requirement that persons detained for
terrorism be interrogated only in the presence of a lawyer is
viewed as a positive development. Human rights groups noted
with concern the exclusion of the ICRC from prisons and police
facilities in the Ayacucho emergency zone, beginning in
January; and the ICRC's exclusion, beginning in April, from
Dircote's Lima detention center.
Many of Sendero's murder victims showed signs of having been
tortured before death, reportedly sometimes following a mock
trial. Examples include: the torture and killing of 7
narcotics traffickers in San Martin department in April; the
torture and killing of an army sergeant in Lima in July; and,
the reported burying alive of 10 peasants in Ayacucho in
August. In addition, there were credible reports thar Sendero
frequently beat and tortured peasants who had withhelr* their
support .
Prison conditions are poor, and prisoners are likely to
encounter limited hygienic facilities, poor nutrition and
health care, and ill treatment by prison staff. During the
prison reorganization, it was discovered that many prison
guards had criminal backgrounds. Approximately 350 prison
guards reportedly will be fired under the reorganization.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution stipulates carefully the way in which persons
may be arrested and detained. However, these restrictions are
suspended in those areas, including Lima, under a state of
emergency. In areas not subject to a state of emergency, a
warrant approved by a Public Ministry prosecutor is required
for arrest. Persons arrested must be arraigned within 24
hours, except in cases of drug trafficking, terrorism, or
espionage, for which the limit is 15 days.
Detainees have the right to choose their own legal counsel, or
the Government will provide counsel at no charge. Arrested
persons are entitled to have an attorney present when they
make statements to the police. Under the new terrorism laws,
persons arrested for terrorism may be interrogated only in the
presence of a prosecutor (from the Public Ministry) and a
defense attorney. The new law also requires that police
notify the detainee's family and human rights groups of the
arrest. There is no bail or provisional liberty for persons
accused of terrorism. The increase in terrorism in Lima
(which, though under a state of emergency, is governed by the
civilian authorities) has been accompanied by an increase in
temporary detentions. In February, nearly 800 university
students were detained during a sweep of 3 Lima university
campuses; fewer than 10 of the students were eventually
charged. By January 1988, all the cases had been dismissed
for lack of evidence.
Arrest procedures are quite different in the rural emergency
zones. The armed forces do not need a warrant to arrest
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persons, and persons detained by the military are held
incommunicado. They do not have access to an attorney, nor
are they permitted any contact with family members. They are
interrogated without the presence of a public prosecutor or a
defense attorney. Credible allegations of torture are common.
The Constitution recognizes the concept of judicial
determination of the legality of detentions, however, this
right is unlawfully disregarded in the rural emergency zones
under military control; military base commanders simply ignore
such requests.
During 1986 and 1987, human rights groups noted that an
increasing number of persons detained by the military in the
rural emergency zones reappeared after a period of
incommunicado detention. This may reflect pressure by the
Government to reduce long-term detentions and summary
executions. The number of arbitrary arrests and detentions in
the emergency zones for 1987 is estimated to be in the
hundreds .
The Constitution prohibits compulsory labor and exile, and
these provisions are respected in practice.
e. Denial of Fair Public Trial
The judiciary is an independent branch of government. Supreme
Court judges are nominated by the President and ratified by
the Senate. The Supreme Court designates members of the lower
courts. The legal system is based on the Napoleonic Code.
Once criminal charges are filed, a judge determines whether
probable cause exists. The next step is a judicial hearing
process that may last up to 5 months, followed by a public
trial. Defendants have the right to be present at the trial.
Sentence may be appealed, and judges may send cases back to
lower courts for additional investigation. Public defenders
exist but in inadequate numbers. Many judges on the Superior
and Supreme Court are active in political parties, and claims
of politically motivated judicial decisions sometimes occur.
One example, in October, was the removal from office by the
Supreme Court, reportedly under pressure from the executive
branch, of a lower court judge who had issued several
decisions against application of the Government's bank
expropriation law.
Corruption and intimidation of witnesses and judges seriously
impair the functioning of the judicial system. Luis Bertello
Masperi, who had been extradited 5 months previously on charges
of fraud in the bankruptcy of a bank, was released on bail,
after the prosecutor failed to oppose the release orders. The
Public Ministry ordered an investigation into the prosecutor's
conduct, and the media speculated the judge would be replaced
for lack of impartiality. The Supreme Court president charged
the executive with interference in the judicial process.
The courts face severe backlogs, a product of the sharp
increase in terrorism cases, inefficiency, and influence
peddling. The Government acknowledges that the majority of
prisoners have not been sentenced and remain at some stage of
the trial process. Human rights groups have documented
numerous cases of persons who have been detained without bail,
awaiting trial, for periods up to 4 years. Human rights
groups and the Marxist opposition parties claim there are
about 100 political prisoners, down from approximately 300 in
1985. Most are members of leftist parties who allegedly were
unjustly accused of terrorism and who have been detained for
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several years awaiting trial. The Government has resisted
proposals to grant amnesty to such persons, whom it denies are
correctly classified as political prisoners, instead calling
upon the judiciary to speed up its handling of terrorism cases.
Terrorists reportedly have threatened judges handling terrorism
cases. Many observers complain that known terrorists
frequently are released by the courts only to be arrested
again. Judges blame this on a lack of evidence and poor case
preparation by the police and prosecutors. Many government
officials blame it on terrorist intimidation of the judiciary.
To remedy this, in 1987 Congress created a special tribunal
for terrorism cases, with greater security measures to protect
judges and witnesses; the tribunal began receiving cases in
October. The initial judicial proceedings are still carried
out by a regular penal "juez instructor"; the next stage (for
cases in Lima) is the 11th Superior Penal Court, designated to
hear terrorism cases. So far, no verdicts have been reached,
and the court reportedly has a severe backlog. One human
rights group estimates it can handle fewer than 100 cases per
year .
The Constitution mandates that civilians be tried in civilian
courts. The Supreme Court decides whether military and police
offenders are tried in civilian courts or in a separate
military court system; the military attempts to assert its
jurisdiction in these cases, and the court generally rules in
its favor. The last attempt to have a civilian court try a
military officer was thwarted in 1986 when the officer fled to
avoid trial. The civilian courts are making slow progress on
several cases involving alleged police violations of human
rights. These include the 1984 death of peasant leader Jesus
Oropeza (in December, 8 policemen were sentenced for the
killing), the March 1982 killings of prisoners in an Ayacucho
hospital, the November 1983 death of Francisco Nufflo, and the
1986 torture of 11 detainees in a Cuzco police station.
During 1987 the Supreme Court upheld maximum sentences against
several police officers for killing 32 peasants in Soccos in
1983.
Military trials are not public, and little is known about
specific trials. No member of the armed forces has ever been
convicted in either the military or the civilian courts for
human rights violations. Cases reportedly pending in military
courts include that of Lt . Telmo Hurtado for the murder in
1985 of 69 persons in Accomarca, officer Edwin Diaz for 3
deaths in Huanuco in 1985, 2 cases involving mass graves
discovered in Pucayacu in 1984 and 1985, the case of Army
General Jorge Rabanal and several police personnel in
conjunction with the summary execution of approximately 100
prisoners in 1986 at Lurigancho prison, and military personnel
accused of the 1986 executions in Parcco and Pomatambo. In
1987 relatives of killed and disappeared prisoners at El
Fronton prison filed suit against Navy and police personnel
for the 1986 deaths of some 130 prisoners there.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution stipulates that police need a judicial
warrant to enter a private dwelling, and this is generally
respected in practice. The requirement for a warrant is
suspended in those areas under a state of emergency, however,
and security forces in those areas routinely conduct searches
of private homes without a warrant.
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Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press.
With 7 television networks, 57 radio stations, 16 daily
newspapers, and many magazines in Lima alone, Peruvians have
access to news and opinion of every political stripe, terrorist
groups included. The media are highly partisan. The
Government owns one of the two national television networks, a
national radio network, and two newspapers. The government
party itself also controls another 10 media outlets in Lima.
Most major opposition parties control their own newspaper, and
opposition figures frequently have access to the government
media as well.
The media expressed growing concern in 1987 about government
attempts to influence unduly or to control media coverage.
They made credible claims that government officials used
newsprint supplies, state bank loans, and access to the
national telecommunications network to affect media coverage.
The government has denied any wrongdoing. In November, the
government closed three radio stations in Tarapoto for
noncompliance with license provisions. The stations claimed
the action was a reprisal for having broadcast information
about local guerrilla activity. One station reopened in
January 1988.
The media also complain that the government occasionally
arbitrarily bars journalists from news events and confiscates
video and photographic material of incidents which the
Government does not want to have publicized. A serious
problem in 1987 was the virtual barring by the military of
most journalists from travel in the countryside of the
Ayacucho emergency zone, apparently in response to a 1986
media expose of human rights violations there.
More disturbing are reports of government or government party
violence against journalists and others. In addition to
credible accounts of the APRA attempted bombing against the
proterrorist daily El Diario, there were bombing attacks in
September against the homes of two journalists fiercely
critical of the Government. The Government has denied
responsibility but has not been able to identify the
perpetrators .
b. Freedom of Peaceful Assembly and Association
These rights are expressly provided for in the Constitution
and are normally respected in practice in areas not subject to
the state of emergency. Municipal authorities usually approve
permits for demonstrations. The mayor of Lima however, denied
permission for marches to commemorate the first anniversary of
the prison riots. Unauthorized demonstrations occur and, for
the most part, the Government deals with them in a
nonconf rontational manner. However, in November riot police
were filmed beating unarmed men and women assembled at the
Plaza de Armas to demand that President Garcia fulfill a
promise he had made several months earlier to recognize the
acreage given them by the Government. The right to assembly
is suspended in areas under a state of emergency. In August,
there were credible reports that APRA members threw bombs to
disrupt an opposition meeting in Arequipa.
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The Constitution assures workers the right to organize, to
bargain collectively, and to strike. Unions are required to
engage in direct negotiations and to seek conciliation at the
Ministry of Labor prior to any strike action. Public sector
workers, except for the members of the police and armed forces
and senior government officials, have similar rights. These
rights and obligations have been generally respected. In 1987
there were numerous illegal and legal work stoppages motivated
by both economic and political factors. Several of these
strikes produced disturbances that led to police breaking up
strike demonstrations and brief detentions of union leaders.
On one occasion in October, police dispersed strikers with
tear gas and water and by firing into the air, after
unidentified persons threw small explosive charges as the
demonstrators passed the Ministry of Economy.
According to the Government, less than 20 percent of the work
force is organized in trade unions. Unions are not formally
linked with political parties, but leaders of most labor
organizations are active participants in partisan political
activities. Total membership in Marxist-led unions and
peasant organizations is much larger than in organizations led
by non-Marxists. A significant portion of the labor force,
however, is not represented by unions and appears not to be
firmly under the influence of any political group. Leaders of
the nation's largest labor confederation met with the President
and Minister of Labor at midyear to discuss a number of trade
union as well as political grievances.
Peruvian labor confederations affiliate freely with regional
and international trade union organizations of all ideological
tendencies. Their members travel freely to attend trade union
meetings and educational seminars held throughout the world.
Peru is an active member of the International Labor
Organization .
c. Freedom of Religion
The Roman Catholic faith predominates in Peru, and the
Constitution formally recognizes the church's importance. The
Constitution establishes the independence of church and state
and ensures freedom of religion and conscience. These rights
are respected in practice. Members of minority religions
encounter no difficulty in practicing their faith or in
exempting their children from religious instruction in public
schools. Missionary organizations operate freely in the
country with the cooperation of government ministries.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for the right of free movement and
there are no political or legal constraints on foreign travel
or emigration. However, freedom of movement is suspended in
those areas under a state of emergency. Peru is a party to
the 1967 United Nations Protocol on the Status of Refugees.
Persons fleeing turmoil in other countries traditionally have
been encouraged to return eventually to their country of
origin but have not been forced to do so. Involuntary
repatriation occurs only in cases of persons accused of
nonpolitical crimes.
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Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Peru is a democracy governed by a freely elected President and
Congress. The political process is completely open and is
vigorously contested by groups ranging from conservative to
Marxist. However, Sendero Luminoso persistently seeks to deny
citizens their political rights. Particularly in remote
mountain areas, it kills candidates and elected officials and
threatens voters.
Suffrage is universal for persons over 18 years of age, except
for members of the military. In April 1985, Peru held open
and free elections for a President, two Vice Presidents, and
240 Congressmen and Senators.
The July 1985 inauguration of President Garcia marked the
first transfer of power between democratically elected
governments in 40 years and the first accession to power of
the APRA. The current administration has a majority in the
Congress. Nationwide municipal elections took place in
November 1986, contested by three major parties and more than
a half-dozen smaller ones. Although most of the contests
occurred without incident, several important races were close
and led opposition groups to claim the Government had
committed fraud or improprieties. In January 1987, the
independent national elections board decided no fraud had
occurred.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government welcomed visits in 1986 by AI , Americas Watch,
and the United Nations Human Rights Commission (UNHRC) Working
Group on Forced or Involuntary Disappearances. None of the
above groups sent delegations to Peru in 1987. Between 1984
and 1987, the ICRC had access to prisons and police facilities.
The military withdrev; the ICRC's freedom to visit prisoners
and detainees in the Ayacucho emergency zone, however, and in
May the police cancelled the ICRC's access to the Dircote
Detention Center. Local human rights groups have criticized
these developments; the government has not responded.
The February 1987 AI special report on the 1986 prison
killings was highly critical of the Government (see Section
l.a.). The Government limited its response to claims that
portions of the AI report, which it never identified, were
false. The Government has not addressed specific criticisms
voiced in regular AI or Americas Watch reports. Some
government officials have criticized foreign and domestic
human rights groups for not paying enough attention to
terrorist violations of human rights.
Several private human rights organizations comprise the
independent National Coordinator for Human Rights. These
include the Association for Human Rights, the Catholic
Church's Episcopal Commission for Social Action, the National
Human Rights Commission, and the Institute for Legal Defense.
Smaller groups work in the departmental capitals and in other
cities. These groups are credible observers, but they
concentrate on government actions to the exclusion of
terrorist human rights abuses. Lima is also the headquarters
of the Andean Commission of Jurists which sponsors human
rights analyses in Peru and other countries of the Andean
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region. Local human rights groups have not been harassed or
threatened by the Government, but the groups complain that
their requests to the Government for information are often
ignored.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution grants women equality with men, and laws on
marriage and divorce do not discriminate against women.
Nevertheless, tradition impedes the access of women to
leadership roles in major social and political institutions.
There are 3 women in the 60-member Senate and 10 in the
180-member Chamber of Deputies. There are two women in the
Cabinet. Women represent 26 percent of the labor force. In
1984, 61.9 percent of the female workforce was employed in
commerce and services, 16.6 percent in the industrial sector,
and the remaining 19.5 percent in other occupations, mainly as
domestics. The average wage of male workers is double that of
females .
The rural and indigenous population and Peru's small Black
community face situations similar to those of women. The
former group traditionally has lacked access to public
services. Composed of several distinct geographic regions,
Peru is a classic case of differential development: public
investment traditionally has been focused on the coast,
drawing migrants to the cities, especially Lima. One-third of
the population is in the capital area and accounts for
two-thirds of the gross domestic product. The Government has
increased the flow of resources and services to poor, largely
Indian rural areas. Development efforts, however, have been
affected by the difficulty and cost of providing services to
areas out of the mainstream of Hispanic culture and economic
activity. As a result of this dichotomy and of historical
prejudices, the economic and social needs of Peruvians of
European ancestry are more likely to be met than those of
Peruvians of mixed or pure Indian heritage.
CONDITIONS OF LABOR
Peruvian law prohibits the employment of children under 14
years of age but allows the employment of older children who
are literate. Although minimum age legislation generally is
enforced in all sectors of the official economic system,
chronic social problems lead many destitute children to seek a
living on the streets.
Employers are required by law to pay a minimum wage. Ministry
of Labor inspectors are charged with enforcing compliance with
workplace safety and health regulations. Both public and
private sector employees are covered under the state-run
Social Security Institute health plan. Workers have an 8-hour
workday and an official workweek of 40 hours.
598
ST. CHRISTOPHER AND NEVIS
St. Christopher and Nevis, which became independent from the
United Kingdom in 1983, has a government modeled on the
British parliamentary system, with elections at least every 5
years. The political opposition is active and vocal. The
Constitution provides the smaller island of Nevis considerable
self-government, as well as the right to secede from the
federation if certain enumerated procedures are followed.
Security forces consist of a small police force, which
includes a Special Service Unit that receives some light
infantry training, and a one-boat coast guard.
St. Christopher and Nevis has a mixed economic system. Most
commercial enterprises are privately owned, but the sugar
industry (the country's largest) and 85 percent of all arable
land are owned by a state corporation.
The country's human rights record remained good during 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Law enforcement authorities abide by the constitutional
prohibitions against the use of torture or other forms of
cruel, inhuman, or degrading treatment or punishment. Prison
conditions are adequate. Family members, attorneys, and
clergy are permitted to visit detainees regularly.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution prohibits arbitrary arrest and detention.
The law requires that persons detained be brought before a
court within 48 hours. There were no reported cases of exile.
There were no known instances of forced or compulsory labor in
St. Christopher and Nevis.
e. Denial of Fair Public Trial
The Constitution requires and the Government assures that
every person accused of a crime receive a fair, speedy, and
public trial. The judiciary is highly regarded and
independent. Legal assistance is available to indigent
defendants .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.
Neither the Government nor the police interfere arbitrarily in
the private lives of individuals. Warrants are required to
search private homes.
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ST. CHRISTOPHER AND NEVIS
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the
press. St. Christopher and Nevis does not have a daily
newspaper, although each of the major political parties
publishes a weekly or biweekly newspaper. International news
publications are readily available. The Government owns and
operates the only television station, but opposing political
views are debated on television as well as on the commercial
radio station.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly.
Organized demonstrations, rallies, and public meetings
sponsored by political parties occur regularly. Usually these
take place without government interference, but there was one
possible exception in 1987. The St. Christopher and Nevis
police arrested opposition St. Kitts Labor Party leader Lee
Moore in April, and he was charged with using seditious
language. He was released the same day, however, and the
charges were not pursued.
Labor unions are free to organize and to negotiate for better
wages and benefits for union members. The major labor union,
the St. Kitts Trades and Labor Union, is affiliated with the
opposition Labor Party. The right to strike, while not
specified by law, is well established and respected in
practice.
c. Freedom of Religion
The Constitution guarantees the free exercise of religion, and
there are no restrictions on religious practices. Most church
members belong to Protestant denominations. All groups are
free to maintain links with coreligionists in other countries.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travel inside and outside of the country is unrestricted.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The multiparty political system encompasses a wide variety of
political views. Suffrage is universal over the age of 18.
Political parties are free to conduct their activities, and
every party holds annual conventions.
The current Government is a coalition of two of the three
major political parties: the People's Action Movement, led by
Prime Minister Kennedy Simmonds, and the Nevis Reformation
Party, headed by Simeon Daniel, the Premier of Nevis. In the
June 1984 national election, the coalition strengthened its
mandate by winning 9 of the 11 elected seats in Parliament.
600
ST. CHRISTOPHER AND NEVIS
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No international human rights organization maintains an office
in St. Christopher and Nevis. The Government is firmly-
committed to the promotion of human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There have been no reports of systematic discrimination based
on race, sex, creed, language, or social status. The role of
women in society is not restricted by law. There is one woman
cabinet member, and women occupy a very small percentage of
senior civil service positions. However, the role of most
women in the country is still defined by the culture and
tradition.
CONDITIONS OF LABOR
The minimum legal working age is 14. The workweek is 40 hours
in 5 days, and workers are guaranteed a minimum vacation of 2
weeks. A minimum wage is established by law. While there are
no specific health and safety regulations, the Factories Law
provides general health and safety guidance, enforced by an
inspector from the Labor Ministry.
601
ST. LUCIA
A member of the British Commonwealth, St. Lucia is a multiparty
parliamentary democracy. The current Prime Minister, John
Compton, was reelected in April 1987.
St. Lucia has experienced more than 5 years of stable political
conditions and sustained economic growth. High unemployment
remains a source of potential instability, but the present
Government appears to face no serious challenge in the
foreseeable future. Elections are not due again until April
1992.
The police are the only security force in St. Lucia. A small
Special Service Unit (SSU) has been established within the
police force and has received some paramilitary training. St.
Lucia also is developing a coast guard. Though small, these
forces are imbued with traditions of integrity,
professionalism, and respect for human rights.
St. Lucia continues to have a good human rights record.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of killings for political motives.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
No such incidents were reported. Torture is specifically
prohibited by the Constitution. Prison conditions are humane.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution prohibits arbitrary arrest or imprisonment
and provides that persons arrested be brought before a court
within 72 hours. The Government honors these provisions in
practice. There were no reports of arbitrary arrest or other
forms of extralegal detention or forced exile in 1987. The
Women and Young Persons Acts prohibit forced or compulsory
labor; the law is respected in practice.
e. Denial of Fair Public Trial
The Constitution mandates public trials before an independent
and impartial court and provides for legal counsel to
indigentr. Accused persons are presumed innocent until proven
guilty. The regional West Indies Court of Appeal, long known
for its impartiality, serves as St. Lucia's appeals court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Constitutional prohibitions against arbitrary search, seizure,
and entry are observed by the authorities. There were no
reports of arbitrary intrusion by the State into the private
lives of individual citizens.
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ST. LUCIA
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Constitutional provisions for free speech and press are
respected in practice. St. Lucia has two newspapers
reflecting contrasting opinions. The television station is
privately owned. The Government owns and operates Radio St.
Lucia, and a religious organization operates another radio
station. The Government does not censor the media, although
there have been some complaints by the opposition parties
about difficulties in gaining access to Radio St. Lucia.
b. Freedom of Peaceful Assembly and Association
There are no legal restrictions on public meetings in St.
Lucia. Political opposition groups organize and conduct
activities freely. In September, however, several well-known
Caribbean radicals from other countries were denied the
opportunity to enter St. Lucia to speak at a public rally
organized by the Progressive Labor Party on the subject of
proposed Organization of Eastern Caribbean States (OECS)
unification. The Prime Minister's explanation was that he
first wanted the OECS governments to agree on a common
position about such meetings and speeches.
Workers have the right to form trade unions, conduct union
activities free of government intervention, and engage in
collective bargaining. Strikes in the private sector are
legal if government-sponsored efforts to resolve disputes
fail. Unions represent the majority of wage and salary
earners and play a prominent role in the nation's economic and
political life.
c. Freedom of Religion
There is no religious discrimination in St. Lucia. The
majority of the population is Roman Catholic.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for these rights, and they are
generally honored in practice. The Government revoked the
passports of lo St. Lucian citizens to prevent their travel to
Libya in 1983, alleging that the group was to receive terrorist
training. It still holds the passports of several of the
original 16, thus restricting their travel outside St. Lucia.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
St. Lucia has a parliamentary system of government under which
citizens have a genuine choice of parties, policies, and
officials. Political activity is vigorous. Opposition parties
play an active role in and out of Parliament, where the St.
Lucia Labor Party holds 7 of 17 seats.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
International human rights bodies filed no reports or requests
for investigations in 1987. There are no local human rights
groups in St. Lucia.
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ST. LUCIA
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are no legal restrictions on the role of women in St.
Lucia. Women are well represented in government and the
professions. As more women take advantage of public schooling
and other government programs, the participation of women in
other sectors of society is expected to increase.
CONDITIONS OF LABOR
The minimum legal working age in St. Lucia is 14. The
workweek is 40 hours in 5 days, and workers are guaranteed a
minimum annual vacation of 2 weeks. Although no minimum wage
is established by law, a government-established wage council
reviews wage rates in different sectors and makes
recommendations which generally are accepted as having the
force of law. Occupational health and safety regulations are
well enforced.
604
ST. VINCENT AND THE GRENADINES
St. Vincent and the Grenadines retains the multiparty
parliamentary system of government which it inherited upon
independence from the United Kingdom in 1979. Democratic
traditions and respect for the rights of the individual are
well established. In July 1984, the New Democratic Party, led
by James F. Mitchell, defeated the ruling St. Vincent Labor
Party, led by then Prime Minister Milton Cato, in peaceful,
democratic elections. By law, elections must be held again by
October 1989.
The Royal St. Vincent Police is the only security force in the
country. A small Special Service Unit (SSU) with some
paramilitary training has been established within the police
force, and a coast guard serves under police command. The St.
Vincent police maintain traditions of professionalism which
place a high value on respect for human rights.
A poor country with a very young population, St. Vincent's
most serious problem is unemployment. The nation's economy,
led by the vital banana industry, has suffered recent major
setbacks. A tropical storm in September 1986 severely damaged
the banana crop and sharply reduced export receipts. A serious
drought in the first part of 1987, followed by torrential
rains, damaged the island's rehabilitation efforts and a
tropical storm in September destroyed about 45 percent of the
current banana crop.
The country's human rights record remained good during 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of torture or other forms of cruel,
inhuman, or degrading treatment or punishment. Prison
conditions are humane.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution provides that persons detained for criminal
offenses be provided legal representation and that their cases
be reviewed periodically. The Government assiduously follows
these provisions.
There are no known cases of forced or compulsory labor in St.
Vincent .
e. Denial of Fair Public Trial
The Constitution provides for public trials before an
independent and impartial court. Criminal defendants have the
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ST. VINCENT AND THE GRENADINES
right to legal counsel, are presumed innocent until proven
guilty, and have the right of appeal, ultimately to the Privy
Council in London.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits arbitrary entry, search, and
seizure. There were no reports of arbitrary search and
seizure or other government intrusions into the private life
of individual citizens in 1987.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the
press. The Government neither censors nor interferes in the
operation of newspapers, which openly and freely criticize it.
b. Freedom of Peaceful Assembly and Association
The freedom to assemble peaceably is respected in practice.
The Government has adhered to the International Labor
Organization's Convention on Freedom of Association. Unions
enjoy the right of collective bargaining and the right to
strike; they represent approximately 7,000 workers.
c. Freedom of Religion
All religions are free to practice and proselytize in St.
Vincent and the Grenadines.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
These rights are provided for by law and honored in practice.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
St. Vincent has a parliamentary system of government in which
citizens have a genuine choice of parties. In the 1984
general election, the New Democratic Party won 9 of the 13
seats in Parliament and ousted the St. Vincent Labor Party.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No international human rights organization maintains offices
in St. Vincent. Although there is no local body which publicly
monitors human rights violations, opposition political groups
occasionally comment on human rights matters. The Government
is responsive to public and private inquiries on its human
rights practices.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The role of women in society is not restricted by law, but
custom dictates that most Vincentian women center their lives
around the home. As women take greater advantage of public
education programs, health facilities, and family planning,
they are expected to participate in larger numbers in the
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ST. VINCENT AND THE GRENADINES
nation's economic, professional, and political life. The
unemployment rate for women is estimated at about 50 percent,
as opposed to 20 percent for Vincentian men. This is in part
a reflection of the increasing entry of women into the labor
force.
CONDITIONS OF LABOR
The minimum working age is 15. The work week is 40 hours over
5 days, and workers are guaranteed a minimum annual vacation
of 2 weeks. The Government currently is endeavoring to
convert loose arrangements covering occupational safety and
health into statutes. Minimum wages are established by law.
607
SURINAME
Suriname is a country in transition from authoritarian military-
rule to democracy. On September 30, over 95 percent of the
people voted in a referendum to approve a new Constitution.
On November 25, 1987, in honest and peaceful elections,
Surinamese repudiated 7 years of authoritarian military rule
by Army Commander Desire D. Bouterse and voted overwhelmingly
to return to genuine democracy under the leadership of the
Front for Democracy and Development. The Front won a
two-thirds majority in the National Assembly which was more
than enough to elect the president and to amend the new
Constitution. A U.S. Presidential delegation sent to observe
the elections found them to be free and fair. Bouterse has
promised to respect the outcome of the elections. While these
developments have not led to instant democracy in Suriname,
there is promise for the future. On January 12, 1988, the
National Assembly elected Ramsewak Shankar and Henck Arron, as
President and Vice President of the Republic of Suriname,
respectively.
Since the February 1980 coup which overthrew the elected
government and suspended the Independence Constitution, the
military under Commander Bouterse ruled Suriname. Although a
succession of appointed civilian cabinets was responsible for
the day-to-day governing of the country during this period,
ultimate political authority remained in the hands of Commander
Bouterse, officially Head of Government, since 1985.
Under political pressure from both inside and outside of
Suriname, reinforced by a steadily declining economy, Bouterse
agreed in November 1985 to a timetable for the drafting of a
new constitution and for a gradual transition to democracy.
Later that year, Suriname's three major precoup political
parties agreed to take part in the "democratization" process.
In December 1986, Bouterse committed himself unequivocally to
holding elections within 15 months. At the end of March 1987,
Bouterse shortened the timetable, scheduling a national
referendum on the Constitution for September 30, with elections
for the National Assembly and for Local and District Councils
set for November 25.
Under Bouterse, the Government exercised some control over
Suriname's predominantly free market economy, primarily
through centralized importing and distribution, foreign
exchange controls, and import licenses. Economic conditions,
which began to deteriorate in 1983 following the suspension of
Dutch aid, continued to deteriorate during 1987, leading to
increasingly acute foreign exchange shortages. Imported goods
became scarce and expensive. Uncertainty about Suriname's
political future proved to be a serious disincentive for
investment. Poor prices for bauxite and aluminum, Suriname's
principal exports, the suspension of Dutch development aid in
1982 because of human rights violations in Suriname, government
mismanagement and corruption, and insurgent attacks on economic
targets all contributed to the drop in foreign exchange
earnings and the attendant rise in unemployment of the
mid-1980' s .
In July 1986, an insurgent movement led by a disaffected
ex-soldier, Ronny Brunswijk, allegedly supported by political
exiles based in the Netherlands, arose among the Bush Negroes,
an ethnic group made up of the descendants of escaped African
slaves. Bush Negroes constitute about 10 percent of Suriname's
population of 400,000 and live, for the most part, in isolated
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SURINAME
villages in the jungles of eastern and central Suriname. The
outbreak of the insurgency led to a drastic worsening of an
already poor human rights situation. The army's efforts to
crush the insurgency resulted in the indiscriminate killing of
many Bush Negro noncombatants , including women and children,
and the detention without trial of scores of suspected
Brunswijk sympathizers. The state of emergency, in effect for
the eastern half of the country since December 1986, imposes a
dusk-to-dawn curfew, prohibits gatherings of any kind, and
restricts travel in the affected area.
The approval of the Constitution and holding of free and fair
elections represents considerable progress towards
democratization. However, serious human rights problems
continued in 1987: innocent civilians are still being killed
by an army intent on wiping out the insurgency and its
perceived sympathizers; opponents of the regime were held by
the army under inhuman conditions, without trial and without
access to legal counsel until released in December 1987; the
freedom of the media to collect and disseminate information
about events in Suriname is limited; and citizens' freedom of
movement within the country continues to be subject to control
by the army and insurgents. Whether the newly elected
Government will be able to establish civilian control over the
army, restore the rule of law, and bring an end to serious
human rights abuses is an open question.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
According to credible eyewitness reports, the military,
combating the insurgency in eastern and southern Suriname,
continues to kill indiscriminately noncombatant Bush Negroes,
including women and children. Although allegations of
military death squad activity have decreased since 1986,
widespread suspicions persist that the military executes Bush
Negroes sympathizers of the insurgents. Many of these reports
implicated the "mobile eenheid", a special volunteer unit
assigned to police functions in army operational areas.
Eyewitnesses say that two residents of the village of Wanhati
in the Marowijne district were killed when the village was
overrun by the army on February 2, 1987; a number of villagers
were wounded. In April three Bush Negroes were arrested in
the town of Moengo by soldiers; later their bodies were found
in the nearby Cottica River. In June a 32-year old Bush Negro
suspected of being an insurgent was detained by the army in
Paranam; he was executed on the spot by an officer, who was
later convicted of the killing, dismissed from the army and
given a 10-year prison sentence. In September the army claimed
to have killed nearly 40 "terrorists" near the village of
Pokigron in Sipaliwini. However, residents of the area claim
that not more than 3 of those killed were insurgents; at least
13 innocent civilians were killed, including 3 children, and
the death toll may have been higher. Eyewitnesses reported
that as late as December 31, just before the expiration of a
unilateral ceasefire declared by the insurgents, soldiers
opened fire on civilians near Pokignon killing two and
wounding at least five more. The victims were taken away by
the soldiers and, according to the one survivor, the others
were executed by their captors.
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SURINAME
b. Disappearance
There were few credible reports of kidnaping or disappearance
in 1987. Most of those persons alleged to have disappeared in
1986 later proved to have been detained by the military police,
and the last group of detainees, numbering about 20, was
released in December 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
According to former detainees released from the military prison
at Fort Zeelandia, the military police commonly used torture
in interrogating suspects. Methods used include beatings with
hard rubber truncheons, slashing with bayonets, and kicks and
punches. Detainees were often kept handcuffed for days at a
time, were poorly fed, and were subjected to inadequate
sanitary conditions. One released detainee described having
been held for 9 months in a 3-meter by 3-meter cell with 12
other men. Prisoners were very rarely allowed to exercise or
to receive visits, and many were held incommunicado for
months, so their families were unable to learn whether they
were alive or dead.
While suspected insurgent sympathizers and collaborators have
been subjected to the worst treatment, there have been other
instances of mistreatment, including severe beatings of
student demonstrators at a Paramaribo secondary school in
February, which the official National Institute of Human
Rights (NIM) strongly denounced. Three military policemen
were given jail sentences by a military court as a result of
this incident.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Beginning with the outbreak of the insurgency in July 1986,
over 100 people, mostly Bush Negroes, were detained in Fort
Zeelandia, the naval base and the headquarters of the Central
Intelligence Service (CID) , for extended periods of time.
Many more were detained, questioned, and released after
periods of several hours, several days, or months. In a few
cases, the individuals detained allegedly were involved in
so-called antiregime activity: for example, organizing
demonstrations and conversing by telephone with exiles in the
Netherlands. However, in most cases suspects were picked up
merely because they were related to insurgents, because they
traveled between the city and the interior, or simply because
they were Bush Negroes found in areas where the insurgents
were thought to be operating. No charges were ever filed in
any of these cases. Access to legal counsel was denied in
most cases. Fifty to sixty detainees were released in
December 1986, and an undetermined number were released in
August and September of 1987, shortly before a visit of Amos
Wako, the U.N. Special Rapporteur for Summary and Arbitrary
Executions. A delegation from the Inter-American Commission
on Human Rights (lACHR) visited 19 detainees in Fort Zeelandia
in October 1987. The army released 20 detainees from Fort
Zeelandia on December 1. It called them the last group of
"Brunswijk gang members" who were held at the fort. Human
rights organizations in Paramaribo, including the International
Committee of the Red Cross (ICRC), believe that no victims of
arbitrary arrest or detention remain in custody at this time.
According to Surinamese law, a person suspected of having
committed a crime for which the sentence is longer than 4
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SURINAME
years may be detained for investigation for up to 10 days
before being brought before a judge to be charged. He may be
detained longer only if a judge decides there is sufficient
evidence to support the charge. There is no provision for
bail during this period.
There were no reports of forced or compulsory labor in
Suriname.
e. Denial of Fair Public Trial
The judiciary continues to maintain its independence and to
provide fair public trials when accused persons are turned
over to it. However, the military police, who are empowered
to arrest civilians, frequently did not turn civilian
detainees over to the courts, particularly when persons
accused of "destabilizing" or "antirevolut ionary" activities
were involved. In late May, Commander Bouterse told
journalists that the detainees in Fort Zeelandia were entitled
to legal counsel, but that none of them had chosen to exercise
that right. However, both attorneys and family members of
detainees stated that very few lawyers were willing to take on
the cases of the Fort Zeelandia detainees out of fear of being
marked as opponents of the military. The few lawyers who
agreed to represent detainees were routinely denied access to
their clients. The office of the Attorney General is
responsible for assuring that detainees are charged and tried
within the time periods prescribed by law, but it did not take
any action in the cases of persons detained by the military
police. Judges, attorneys, and officials of the National
Institute for Human Rights claimed that they have no legal
basis for filing complaints regarding the army's failure to
bring charges against the detainees, or to bring them to trial.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The military police continued to exercise the authority to
enter any home without a warrant to conduct searches.
Telephone conversations, particularly calls to other
countries, are believed to be monitored by the military
police. Members of the People's Militia and employees of the
Directorate of People's Mobilization serve as informants,
helping the military authorities to keep track of the
whereabouts and activities of suspected opponents. Government
jamming of the Radio Netherlands Caribbean Service, which
often carries items from the Dutch press about Suriname, was
sporadic in 1987. Dutch newspapers and journals have not been
available to the public since 1982, and publications from the
Netherlands do not reach subscribers in Suriname.
g. Violations of Humanitarian Law in Armed Conflicts
In dealing with the insurgency, the army appears to have
adopted a strategy of undermining support for the insurgents
by applying pressure on the civilian population in the areas
affected by the conflict. The army repeatedly warned
civilians to leave the areas where the insurgents operated.
Thousands of Bush Negroes and hundreds of Amerindians fled
their homes in the east and south to the relative safety of
the Paramaribo area and neighboring French Guiana where French
authorities assist over 9,000 refugees in 5 camps. Those who
failed to heed these warnings were treated as supporters of
the insurgents. In what the military described as "clean-up
actions," army units regularly swept through villages in the
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SURINAME
war zone, driving out the civilian population in a purported
search for insurgents. Eyewitness reports of such raids in
Wanhati (February), Happyland (April), Marechal and Koffiekamp
(May), and Pokigron (September), as well as similar reports of
incidents in Brownsweg, Witagron, and Suhoza, all reflect a
pattern, much like that which marked army actions against the
villages of Morakondre, Mooiwanna and Moengotapoe in 1986:
the villages were raked with machine gun fire from helicopters
or armored vehicles, then homes, stores and public buildings
were looted and often burned. Villagers frightened by the
shooting ran into the bush, and anyone seen fleeing was
presumed to be an insurgent by the soldiers and consequently a
target. The army also restricted movement of food and medical
supplies into the interior. As a result, food shortages and
health problems have become serious in the interior.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Surinamese remain circumspect about publicly criticizing the
military. The press in Suriname is not free and much of the
media is directly controlled by the Government. The private
media are subject to both formal and informal restrictions.
The progovernment bias of the state-owned television stations
was clearly evident in the weeks leading up to the November
elections. The progovernment National Democratic Party of
Suriname (NDP) was given extensive television coverage while
rival parties' campaigns were slighted or ignored altogether.
The official Suriname News Agency, which, like the National
Information Service (NVD) , is headed by an army officer,
openly describes itself as "a child of the revolution," and
its critics as "spokemen for neocolonial powers."
Journalists who have dared to criticize the Government have
themselves been subjected to criticism and even threats; two
reporters for De Ware Tijd, the more independent of Suriname" s
two daily private papers, were granted political asylum in the
Netherlands in April after claiming that threats against them
had made it too dangerous for them to return to Suriname. De
Ware Tijd itself was closed for about 3 months in 1987 because
the Central Bank refused to make available foreign exchange
for the purchase of newsprint. Paramaribo's other, less
critical daily paper, De West, had no trouble importing the
newsprint it needed. Access to information from the war zones
in the interior remained restricted; journalists were seldom
allowed to visit those areas, and NVD news releases were the
only source of information on the fighting. The Government
was selective in approving visas for Dutch journalists seeking
to cover the elections, refusing some on the grounds that the
bias of the Dutch press interferes with the improvement in
relations between the two countries.
There are three public and three private radio stations. In
addition, the Catholic and Moravian Churches publish small
weekly newspapers which often carry articles commenting on
political and human rights issues. The Lutheran and Reformed
Churches also publish a combined monthly journal.
b. Freedom of Peaceful Assembly and Association
Restrictions on political gatherings were relaxed as the
November elections approached. Opposition parties held
rallies in the seven districts not affected by the insurgency,
although licenses were required before mass meetings could
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SURINAME
take place; sometimes there were delays in granting licenses,
and at other times permission was denied to hold meetings at
the places or times requested. Student demonstrations in
February, sparked by the deteriorating economy, were at first
met by restraint by the military. After 2 or 3 days of unrest,
however, the military jailed several organizers of the
demonstrations, and several students were severely beaten,
apparently with little or no provocation.
The state of emergency reimposed in December 1986 remains in
effect; its provisions prohibit gatherings of any kind in the
area covered under the decree, which includes four districts
and part of another, impose a dusk-to-dawn curfew in two
districts, and restrict movement in eastern Suriname. In
practice, however, gatherings do take place in some of these
areas, though approval must be obtained from the military.
Half the labor force is unionized. Labor organizing, union
elections, wage negotiations, and labor actions, including
strikes, normally take place freely. However, most labor
leaders continue to be cautious in their dealings with the
Government. In October bauxite workers at the Moengo mines
staged a short wildcat strike to demonstrate solidarity with
two workers who were allegedly beaten during interrogation by
the army.
Two of the labor federations organized a new political party,
the Surinamese Labor Party, while another is formally allied
with one of the traditional parties. Three of Suriname's four
labor federations and two business associations participated
in the Government's drafting of the new Constitution. Unions
and business organizations are free to affiliate with
international bodies.
In November 1986, the International Confederation of Free
Trade Unions suspended the Moederbond Labor Federation because
of its alleged support for the Bouterse regime.
c. Freedom of Religion
Freedom of worship is respected. No one religion is favored
over another, nor is there discrimination against members of
any religious group. Foreign clergy are allowed to minister
to the needs of both local and expatriate congregations, and
missionaries are allowed to enter the country to proselytize.
Religious groups maintain international contacts and freely
organize trips abroad. Articles and programs sponsored by
religious groups appear in the newspapers and on radio and
television, and several churches publish their own periodicals,
which often have been critical of the military. However, such
criticism has, on occasion, provoked heated attacks on the
churches in the official media; for example, the Suriname News
Agency in October denounced the "deceit and preaching of
hatred" in certain church-sponsored bulletins, which, it said,
"distort facts and stir up people." A biweekly television
program produced by the Roman Catholic Church has, on several
occasions, been taken off the air because censors from the
National Information Service objected to the content of the
broadcasts, which dealt with political topics.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Surinamese may change residences and workplaces freely. They
generally may travel abroad as they wish; however, travel
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within Suriname is restricted because of the state of emergency
in effect in eastern Suriname. Drivers of motor vehicles in
areas under the state of emergency must have passes issued by
the Directorate of People's Mobilization, and these are often
arbitrarily withheld. Vehicles and individuals traveling to
or from the interior are subject to search at army checkpoints.
Surinamese may emigrate without interference and may return to
take up residence at any time. In general, Surinamese are not
harassed if they return to the country. However, those exiles
regarded as enemies by the military are afraid to return. The
Government has failed to respond to charges made by the lACHR
in its 1985 report on Suriname of harassment, intimidation,
and in some cases, the alleged attempted assassination of
political opponents of the Government who were living abroad.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Between 1980, when Bouterse carried out his coup, and 1987
there were no elections in Suriname. In 1984 Bouterse started
an official policy of returning to a "democratic system." In
January 1985, a 31-member National Assembly was appointed and
was charged with drafting a new Constitution. The draft
Constitution was completed and made public in March 1987. It
was submitted to a referendum on September 30 and was approved
by an overwhelming majority. Fulfilling a pledge that he had
made in December 1986, Bouterse held general elections on
November 25. These elections resulted in a landslide victory
for the Front for Democracy and Development which included the
three major traditional Surinamese political parties. The
Front won 40 of 51 seats, in the National Assembly, more than
the two-thirds majority required to elect a President and Vice
President and to amend the Constitution. The Government
invited observers from the United States, Netherlands,
Venezuela, and other countries as well as from the Organization
of American States (OAS) and the European Economic Community/
Africa, Caribbean, Pacific (EEC/ACP) to observe the elections.
The consensus of these observers was that the elections were
fair and free.
Disregarding the Constitution's provision that the creation
and composition of the Military Command shall be regulated by
law, the military held "elections" for a new leadership in
December, electing Commander Bouterse as its head. A military
spokesman said that the Military Command would function as the
political arm and the representative organ of the army.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
During 1987 the government-appointed National Institute for
Human Rights (NIM) played a somewhat more active role in
examining human rights abuses. Under pressure from the
public, the NIM investigated the beatings of students by the
military police during the February student demonstrations,
and the NIM report led to the sentencing of two military
police personnel involved in these acts of violence.
During 1987 the Government invited delegations from both the
OAS Inter-American Committee on Human Rights (lACHR) and the
United Nations Human Rights Commission (UNHRC) to investigate
reports of violations of human rights. The UNHRC delegation,
led by Amos Wako, visited Suriname in August and met with
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several witnesses of human rights violations by the military.
The Wako delegation also visited Fort Zeelandia prison. The
lACHR, which visited Suriname in October, conducted extensive
interviews with Government officials and private individuals.
However, the delegation was unable to travel outside
Paramaribo. At a press conference at the conclusion of the
lACHR visit. Dr. Oliver Jackman of Barbados expressed concern
over the inability of the delegation to investigate all the
various allegations that had come to their attention,
particularly the treatment of Bush Negroes and allegations of
arbitrary detention and torture.
Both the U.N. and the OAS delegations voiced serious concern
over the human rights situation in Suriname. The lACHR report
on Suriname described the human rights situation as precarious,
asserted that there was no freedom of the press, and that
freedom of association was limited by the state of emergency.
The ICRC and the EEC/ACP also visited Suriname in 1987. The
ICRC focused on the refugee problem while the EEC/ACP reviewed
the human rights situation in the context of possible economic
aid. In a positive move, the Government approved the
stationing of an ICRC delegation in Suriname to visit
detainees held by both the army and the insurgents and to
provide medical supplies to hospitals and to those people
isolated by the conflict.
Amnesty International's 1987 Report, which covered the events
of 1986, was highly critical of the human rights situation in
Suriname. Also in 1987, the U.S. Committee on Refugees (a
private organization not affiliated with the United States
Government) published a report critical of the Government's
policy with regard to Surinamese refugees. Discussions have
been held between the Government of Suriname, French
authorities, the ICRC, the UNHCR, and representatives of the
refugees regarding their eventual voluntary repatriation to
Suriname once conditions permit.
During 1987 a group called Organization for Justice and Peace
was formed by religious leaders and private individuals. This
group urged the Government to stop human rights violations and
to punish those responsible for such abuses. Another group
concerned with human rights violations was formed by a leading
Bush Negro intellectual. Its main aim was to highlight the
plight of the Bush Negroes and enlist national and
international support on their behalf.
SECTION 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Women have egual access to education and employment, although
social pressures and customs still inhibit women from fully
exercising these rights. Racial discrimination is prohibited
and is uncommon in Suriname's multiracial society. However,
ethnic consciousness remains strong among all groups and has
been exacerbated by the current fighting between the
predominantly Creole army and the Bush Negro insurgents.
CONDITIONS OF LABOR
There is no legal minimum wage in Suriname, but wages are
generally high by regional standards and provide workers an
adequate standard of living. The workweek in most companies
is between 39 and 45 hours. The legal minimum age for
employment of children is 14, except in the fisheries industry
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SURINAME
where it is 15. Neither labor unions nor individuals have
complained about working, health, or safety conditions in
Suriname .
616
TRINIDAD AND TOBAGO
Trinidad and Tobago has been an independent nation since 1962
and a republic since 1976. The country has a parliamentary
form of government, and free and fair elections have been held
at regular intervals since independence. Prior to December
1986, each election had been won by the incumbent party, the
People's National Movement (PNM) . The election of the National
Alliance for Reconstruction (NAR) Government on December 15,
1986 thus marked the first change of political power in 24
years of independence.
Trinidad and Tobago's judicial system is independent and based
on that of the British, with the Privy Council in London
serving as the highest court of appeal.
The Trinidad and Tobago police force is striving to reestablish
its image and reputation as a capable and professional force.
Contributing to the tarnishing of its reputation was the
naming of 53 police officers and the then commisioner of
police in a 1986 commission of inquiry report investigating
drug abuse in Trinidad and Tobago. The former commissioner
eventually retired after being acquitted of conspiracy to
murder charges. The other police officers, suspended just
after publication of the report in early 1987, are now
awaiting case-by-case reviews. The service's image was also
sullied by a series of lethal police shootings in mid-1987.
Coroner inquests into these commenced later in the year.
The mixed economy is based on petroleum production and refining
in addition to agriculture, manufacturing, and tourism. Many
major industries are either wholly or partially owned by the
Government, but there is a strong tradition of private
enterprise and private ownership of property. The economy has
suffered with the worldwide fall in oil prices, but Trinidad
and Tobago continues to have a high standard of living and the
fourth highest per capita income in the Western Hemisphere.
Political and civil rights are protected by the Constitution
and generally respected in practice. Labor unions have the
freedom to organize, bargain collectively, and strike. In a
country with large Christian, Hindu, and Muslim populations,
freedom of religion is provided for by the Constitution and
exists in practice.
There were no significant changes in Trinidad and Tobago's
good human rights record in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings in
1987.
b. Disappearance
There were no reports of disappearance.
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TRINIDAD AND TOBAGO
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution forbids such treatment and, according to the
law, any evidence obtained by such means is inadmissible in
court. There have been allegations in the press and charges
in the courts that individual police officers have mistreated
persons under arrest. The law permits victims of such
treatment to sue for damages in civil court and to file
criminal charges against the individual police officer
involved. The courts often find in favor of the complainant,
and police officers found guilty of such behavior are subject
to disciplinary action. There is no evidence that police
brutality is systematic or condoned by the Government.
The law requires a public coroner's inquest in any case in
which a person dies while in police custody. In fact, in
previous years such an inquiry has not always taken place.
The murder of a member of a local mosque in 1985 aroused a
great deal of public interest in this regard. The man was
stabbed to death by an unknown assailant while in police
custody. A coroner's inquest was unable to identify the
killer, but a committee formed by private citizens to
investigate the death has alleged that the police were
responsible for the murder. However, no killer has been
identified. Responding to this case and a series of mid-1987
shootings involving police, the Ministry of National Security
has ordered that the law requiring a public coroner's inquest
be strictly followed in all cases. This order is being
followed. There have been several subsequent instances of
persons being shot by police officers, allegedly in the line
of duty, which have raised questions as to whether the use of
lethal force by the police was, in these specific instances,
justified. Inquests into these instances have been initiated
and are receiving close media and public scrutiny.
Trinidad and Tobago's prisons are understaffed.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The law specifies that a suspect must be charged "as soon as
possible" after arrest. In practice, police usually charge a
suspect within 48 hours. The police can, however, obtain a
court order to hold a person longer in order to gather more
evidence. The law does not allow preventive detention.
Persons arrested are allowed access to a lawyer of their
choice and have the right to a judicial determination of the
legality of their detention. Family members may visit
detainees. There are recurring charges in the courts and
press that the police have violated one or more of these
procedures in individual cases, and the courts, which monitor
police practices in these matters, often find for the
complainant .
There is no forced labor in Trinidad and Tobago. Although
Trinidad and Tobago has no relevant laws, it is a party to the
International Labor Organization's (ILO) convention on the
subject .
e. Denial of Fair Public Trial
The Constitution provides that accused persons have a fair and
public trial by an independent judiciary, from which appeals
may be made to the Court of Appeals and eventually to the
Privy Council in London. Defendants have the right to an
618
TRINIDAD AND TOBAGO
attorney, although not at public expense. All accused persons,
with the exception of those accused of murder, may be freed on
bail pending trial. The presiding magistrate may suspend bail
after consultation with the prosecution and defense. The Chief
Justice and the president of the law association have led other
government officials, the media, and the general public to
focus attention on the large backlog of cases awaiting trial
or appeal, but there continue to be significant delays in
bringing cases to trial and in processing appeals.
There are no political prisoners in Trinidad and Tobago.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits such interference, and these
prohibitions generally are respected in practice. Warrants
are required for searches.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression, and this
right is protected in practice by the country's independent
judiciary, democratic and pluralistic political system, and
independent and privately owned print media. Academic freedom
is protected by law and exists in fact.
Trinidad and Tobago Television (TTT) , which operates the only
television station in the country, is government owned. Its
coverage is generally unbiased, although disputes have arisen
over its political broadcasting policy. TTT ' s official policy
is to allocate political broadcasting time to the ruling and
opposition parties in proportion to the share of votes received
in the last general election. The Government is also allotted
a specific amount of broadcast time for nonpolitical ,
informational programming. In recent years, the Government
has received a few applications for the licensing of one or
more privately owned television stations. No action has been
taken on these applications. Criteria were submitted to the
Government by TTT's board in early December 1987 as a first
step toward leasing TTT's second television channel (which, to
bring revenues more in line with expenses, now only broadcasts
on weekends) to a private group or company.
One of Trinidad and Tobago's two radio stations is government
owned and one privately owned. Both are currently operating
without licenses while the Government develops a
telecommunications policy that will determine the conditions
under which all broadcasting media will operate in the future.
b. Freedom of Peaceful Assembly and Association
These freedoms are protected by law and respected in practice.
Permits are required in advance for street marches,
demonstrations, or other public meetings, but these are
normally granted, including to critics of the Government. The
Government has dropped charges of unlawful assembly against 14
of the 16 people arrested in March 1986 for demonstrating
against the visit of an English cricket team which included
members who had played in South Africa. The two remaining
demonstrators were scheduled to be tried in late 1987 or early
1988. The results of the investigation of the incident,
ordered by the then Minister of Internal Security, have not
619
TRINIDAD AND TOBAGO
yet been made public. In another case, a local Muslim leader
and some of his followers were arrested in September 1987 for
organizing a series of unauthorized public gatherings. Those
arrested were subsequently released on bail pending trial.
The Constitution provides for the right of workers to organize
and bargain collectively, and this right is well exercised.
Approximately 24 percent of the work force is organized into
45 labor unions. The unions are independent of government or
party control, and they effectively represent their members in
collective bargaining. The majority of the unions are grouped
into two labor confederations, the largest of which is
associated with the International Confederation of Free Trade
Unions, while the other is associated with the Communist World
Federation of Trade Unions.
Workers are permitted to strike, and employers are permitted
to "lock out" workers. The Ministry of Labour acts as an
impartial mediator in collective bargaining impasses. If
mediation by the Ministry fails, and if so requested by at
least one of the parties, the dispute may be certified as
unresolved and referred to the Industrial Court, part of the
independent judiciary, for a binding decision.
c. Freedom of Religion
The right to practice one's religion is provided for by the
Constitution and is respected in practice. There is no state
religion and no religious test for public office. There are
large groups of Christians, Hindus, and Muslims in the
population. These and other religious groups are allowed to
maintain association with organizations and individuals in
other countries. Religious groups are free to establish
places of worship, and religious travel and publishing are
permitted. Missionaries are freely permitted to enter the
country and to proselytize.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on travel either within or outside
of the country. There have been no reports of abuses of these
freedoms.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The citizens of Trinidad and Tobago choose their government in
free and fair general elections held, as required by the
Constitution, at intervals not to exceed 5 years. The country
is governed by a bicameral Parliament: a 36-member House of
Representatives whose members are elected by the electorate
and a 31-member Senate whose members are appointed by the
President, 16 on the advice of the governing party, 6 on the
advice of the opposition, and 9 at the President's discretion.
The Prime Minister, leader of the majority party in the House
of Representatives, is the head of government. The President,
elected by Parliament, is the head of state.
Opposition parties have contested every general election since
party elections were begun in 1956, except in 1971 when the
opposition chose not to participate. Several opposition
parties combined in 1985 to form the National Alliance for
Reconstruction (NAR) which, in elections held December 15,
1986, won 33 of the 36 elected parliamentary seats. The
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TRINIDAD AND TOBAGO
People's National Movement (PNM) , which now forms the
opposition, had governed since 1956. The election thus
constituted the first transfer of national political power
since the attainment of independence.
The Constitution allows Commonwealth citizens who are legal
residents and at least 18 years of age to vote.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Trinidad and Tobago has not been the subject of international
human rights investigations to date. An Amnesty International
representative responsible for the Caribbean region regularly
visits the country on routine business. The Government permits
and cooperates with these visits. Apart from the judiciary,
which acts on legal cases involving alleged human rights
violations, the Government has an ombudsman empowered to
investigate alleged law or policy violations and to report the
findings to Parliament. Amnesty International is also
represented by a local attorney who follows matters of
pertinent interest. This attorney has in the past made claims
of harassment by the Government because of his human rights
activities. Charges of perversion of justice filed by the
Government are still pending against him, stemming from a 1985
case related to his law practice.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no evidence of widespread or systematic discrimination
based on race, sex, religion, language, or social status in
Trinidad and Tobago. All persons are fully protected under
the country's Constitution. Trinidad and Tobago is comprised
of various ethnic and religious groups which live together
harmoniously and respect each other's beliefs and practices.
Women enjoy equality under the law. Many hold positions inthe
Government, civil service, political party leadership,
business, and the professions, although not in proportion to
their numbers in the population. Women currently serve as
members of the Cabinet, elected and appointed Members of
Parliament, parliamentary secretaries, permanent secretaries,
and members of local government councils. Women's groups
speak out publicly and are heard on all aspects of public life.
CONDITIONS OF LABOR
The laws of Trinidad and Tobago prohibit the employment of
children under the age of 12. Children aged 12 to 18 can only
work in family businesses, with the exception of children aged
16 to 18 who may also be employed by certain industries which
the President has specifically exempted from the law. These
restrictions are respected in practice.
There is no nationwide minimum wage rate. However, minimum
wages have been set by the Minister of Labour for three
occupations considered difficult to organize into unions: gas
station attendants, shop clerks, and domestic servants.
Occupational health and safety is governed by the 1948
Factories Ordinance Bill which sets requirements for health
and safety standards in certain industries. A new occupational
safety bill has been prepared and sent to the legislative
review committee of Parliament. There has been no action on
621
TRINIDAD AND TOBAGO
the bill since 1986. A severance and retrenchment bill became
law in 1985, which aims at providing improved severance
benefits for retrenched workers.
622
URUGUAY
Uruguay returned to its democratic tradition of a freely
elected executive branch, independent bicameral legislature,
and autonomous judiciary when 12 years of military rule ended
on March 1, 1985. Since the resumption of democracy, Uruguay
has experienced a high level of political participation from
all sectors of the society, marked by vigorous and unrestricted
debate over national issues. President Julio Maria
Sanguinetti ■ s Colorado Party holds a plurality in the
Parliament which resumed its independent role in the political
life of the nation. The judicial branch also regained its
independent status, and there is a continuing public debate
over the need to reform the legal and judicial systems.
Political parties, the press, labor unions, private interest
groups, and other nongovernmental groups function freely.
In 1985 and 1987, the Uruguayan economy showed significant
growth after many years of stagnation. This was largely the
result of increased prices for beef and wool, diversification
of trade into nontraditional exports, and strengthened
commercial ties with its immediate neighbors, Brazil and
Argentina, as well as with the United States and Europe. Real
incomes have recovered some of the ground lost in the previous
decade. The Government is considering reform of the
comprehensive, but expensive, social welfare system and is
planning to trim the extensive network of state enterprises
which dominate many sectors of the economy.
During 1987 there were no credible reports of human rights
violations. All political prisoners and even some nonpolitical
ones in effect received amnesty, including release from prison,
after the return to democracy in 1985. However, despite the
passage of the 1986 Law on Expiration, which effectively
exempted military and police personnel from prosecution for
alleged human rights abuses committed under orders during the
military regime, public debate on this subject continues. The
Law of Expiration was adopted with the idea of putting the
country's past behind it and consolidating democracy. The
executive branch determines if cases already pending against
military and police officials for human rights abuses are
covered by the law's provisions; if so, the cases are
considered closed. Cases thus far forwarded by the Supreme
Court to the executive branch have been found to be covered by
the law.
Under Article 79 of the Constitution which permits the
overturning of laws by referendum, a commission headed by
relatives of victims of human rights abuses mounted a campaign
to gather signatures to submit the Law of Expiration to a
popular vote. On December 17, the national proref erendum
commission delivered the petition to the Electoral Court,
which at the end of 1987 was charged with authenticating the
signatures to determine if 25 percent of eligible voters
signed the petition.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No cases of political killings were reported.
623
URUGUAY
b. Disappearance
No cases of disappearance were reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
No cases of torture or deliberately inhuman treatment were
reported. Local human rights groups continue to express
concerns about adverse prison conditions.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
No cases of arbitrary arrest, detention, exile, or forced or
compulsory labor were reported.
The Constitution of 1967 requires a written warrant for an
arrest except in cases where the accused is apprehended during
the commission of a crime. The Constitution provides the right
to a judicial determination of the legality of detention and
requires that the detaining authority in an arrest explain and
justify the legal grounds for the detention before the
judiciary. A prisoner also has the right to counsel and the
right to give a statement and appear before a judge within
24 hours of detention. The judge must begin the judicial
process within 48 hours of arrest. Failure to comply with
this 48-hour rule has led to the release of detainees. Bond
is allowed in those criminal trials which could lead to a
penitentiary sentence. The Constitution stipulates that
prisons are to be used only for rehabilitation and reeducation,
and it prohibits both the death penalty and brutal treatment of
prisoners. Military justice is on]y applicable to civilians
during a state of war or insurrection. These constitutional
provisions are respected in practice.
e. Denial of Fair Public Trial
The judiciary regained its autonomy in 1985, and military
officers appointed by the military regime to the Supreme Court
or the higher Appeals Court retired from their positions. The
law provides for two military justices on the Supreme Court
who participate only in cases involving the military. All
trials are public according to the Constitution. Trials must
open with a public statement of the charge by the prosecutor
or the complainant. Uruguayan judges traditionally hand down
decisions on the basis of written summaries which are not made
public. There is a parallel military court system under the
military justice code.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the right to privacy, and the
home, absolutely inviolable at night, can be entered and
searched only with a legal warrant during the day. Protection
for private papers and correspondence is equally strong, and a
warrant is required for confiscation. These rights and
protections are well respected. Investigations of wiretapping
during the military regime continue, but there has been no
evidence of any such activity after March 1985.
624
URUGUAY
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press.
Newspapers and magazines are published by all sectors of the
political spectrum, including formerly proscribed organizations
such as the Communist Party and the Tupamaro movement which
conducted terrorist campaigns in the late 1960's and early
1970's. Criticism of the Government is allowed and widely
practiced. Some journalists fear that a 1984 press law, under
which journalists can be fined or imprisoned for defamation or
slander, could be used to restrict press freedom. One
journalist was convicted in 1987 of making false statements
concerning the business connections of a senator and the
director of the state insurance bank, but he was not
imprisoned.
The national university is autonomous, and academic freedom is
highly respected. University elections have been held twice
since 1985, and student groups have reestablished themselves
in the political life of the campus. Most professors fired
for political or ideological reasons by the military regime
have returned to their positions, although some isolated cases
remain under study.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association are protected by law.
Formerly banned groups, such as the Tupamaros, are free to
organize and express their opinions. Public marches and
demonstrations are allowed with permits from the Ministry of
the Interior and occur without official harassment or
intimidation. Persons denied citizenship rights by the
military regime because of political affiliation or activity
have had their rights fully restored.
The Constitution provides for the right of workers to organize
freely and encourages the formation of unions. The Interunion
Workers Assembly-National Workers Association (PIT-CNT) , which
represents the majority of Uruguay's unions, has resumed
activities since the return to democracy. Workers have the
right to strike and bargain collectively, and both are widely
practiced. The Government supports these rights and promotes
collective bargaining by the Government, management, and labor
through salary councils for various sectors of the work force.
Trade and professional organizations are free to join the
general labor movement. The labor confederation (PIT-CNT) is
free to affiliate with international bodies, but has not done
so although some Uruguayan unions hold membership in trade
organizations associated with international confederations.
c. Freedom of Religion
Freedom of religion, provided for by the Constitution, is
respected in practice. Most Uruguayans are Roman Catholic.
Members of other religions exercise their faiths unhindered,
and missionaries are free to proselytize.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Internal and foreign travel and emigration are unrestricted.
An estimated 300,000 Uruguayans left the country during the
625
URUGUAY
military regime, some for political and others for economic
reasons. Programs to help in the repatriation process are now
active, and Uruguayans who wish to return are encouraged to do
so. All the prominent political figures exiled by the
military regime have returned.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Uruguay is a multiparty democracy, with mandatory universal
suffrage for those 18 years of age or older. Voting is not
restricted by race, sex, religion, or economic status. The
Colorado Party, the Blanco or National Party, and a coalition
called the Broad Front are the three major political entities.
Each allows ideological divisions within the party, and each
subdivision may field its own slate for general elections;
senators are elected on an at-large basis, and deputies
proportionally. The Uruguayan electoral system combines a
primary and general election in a double simultaneous vote.
Each party fields different lists of candidates; in essence,
voters express a preference for a list rather than an
individual candidate, as well as vote for a party. The
winning list of the party which gets the most votes wins the
presidency and a percentage of seats in the Senate and Chamber
of Deputies corresponding to the percentage of votes that the
party as a whole received. A party, therefore, may run
multiple presidential candidates, each with his or her own
slate of legislative candidates. National and provincial
elections are held simultaneously every 5 years, with the next
election scheduled for November 1989.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The human rights performance of the Government since its
return to democratic rule in 1985 has not been of major
concern to internationally based human rights organizations.
The Government is open to such organizations and does not
restrict the activities of human rights investigators. The
American Association for the Advancement of Science conducted
an investigation of physicians' participation in torture
during the military regime and was allowed to interview
military medical personnel. The results of this investigation
were later published. Amnesty International (AI) in a letter
to the President of Uruguay expressed concerns regarding the
1986 amnesty law. The President provided a point-by-point
response to AI's inquiry which became a matter of public
record.
Local human rights groups, some of which could not operate
openly under military rule, now function freely and without
restriction. A prominent local human rights group, SERPAJ
(Peace and Justice Service), was legalized in early 1985 after
being forced to operate underground for 2 years during the
military regime. SERPAJ now investigates both nonpolitical
human rights issues, such as prison conditions, and
politically controversial cases, involving death, torture, and
disappearances which occurred during the military regime. A
Uruguayan congressional commission investigated the murder of
an Uruguayan senator and a representative in Buenos Aires
during the time of the military regime but uncovered no
evidence of direct complicity by Uruguayan military or police
officials •
626
URUGUAY
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Uruguay has long been one of the most egalitarian countries in
Latin America and has a well-developed welfare system.
Statistically there are few racial or linguistic minorities in
Uruguay. Nonwhites are disproportionately represented at the
lower end of the economic scale, but this is not the result of
legislated discrimination.
Uruguayan women enjoy complete equality under the law. They
pursue professional careers and attend the National University
in large numbers. There are women serving in cabinet
positions, the Supreme Court and lower courts, and in the
diplomatic service up to the ambassadorial level. There are
currently no female members of the Parliament, but several
serve as alternates. Some barriers to equality still exist
because of traditional social patterns and restricted
employment opportunities. Pay is not always equal for men and
women, especially in less skilled jobs.
CONDITIONS OF LABOR
For many decades, Uruguay has had some of the most advanced
workers' rights legislation in Latin America. Children are
not legally permitted to work until they have obtained a
primary education. Children under the age of 15 are not
generally employed, but they can work from the age of 12 with
special permits from the Government. Children under the age
of 18 cannot perform dangerous, fatiguing, or night work,
apart from domestic service. Salary and hours for children
are also more strictly controlled than for adults. Children
over 16 years of age can sue in court for payment of wages,
and child laborers have the right to dispose of their own
wages by law. Children working in the informal sector, such
as street vendors, itinerant laborers, and others with no
fixed place of work, or in the agrarian sector are generally
less strictly regulated and receive lower pay. Adults
normally work six 8-hour days, 48 hours per week.
Workers are entitled to 10 days of paid vacation after 1 year
of service, and this vacation period increases with each year
of additional service. Wages must include a Christmas bonus
in addition to the paid vacation. Workers are at least
theoretically protected by minimum wage laws and legislation
regulating the health and safety of working conditions. The
minimum wage, which does not apply to rural or domestic
workers, was adjusted three times in 1987, as were private and
public workers' salaries. In dollar terms, the minimum wage
decreased slightly during the year, dropping from the
equivalent of about $90 per month after the February
adjustment to about $85 per month after the November
adjustment decreed by the Government. Health and safety
conditions are extensively and effectively regulated. Special
regulations which limit working hours or mandate safety
equipment are applied nationwide to industries deemed
"unhealthy," and they are enforced by inspectors from the
Ministry of Labor.
627
VENEZUELA
Venezuela is a republic with an active multiparty democratic
system, free press, strong unions, and an ardent commitment to
democracy. For the past 29 years, power has passed peacefully
between the two major political parties through open elections.
Venezuela has a mixed economy, dominated by the public
sector. The state-owned petroleum industry currently accounts
for some 16 percent of the gross domestic product, more than
any other industry, although this percentage has declined due
to recent low oil prices. Venezuela has experienced economic
problems resulting from declining petroleum revenues, a large
foreign debt, and high government expenditures which include
debt service.
Venezuela is an active participant in international human
rights forums and is noted within the hemisphere as a
proponent of civil liberties and democratic rule. Human
rights discussions within Venezuela focus principally on
deficiencies, including allegations of corruption, in the
country's overtaxed judicial system.
There were no major changes in 1987 in Venezuela's good human
rights record.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Authorities do not engage in or condone unlawful or arbitrary
killing for political motives, and there were no reports of
such killings. There have been instances of police and
security forces shooting and killing criminal suspects, of
arrested persons dying while in police custody, and of
shooting deaths during student protests that some attribute to
the police. Such incidents are investigated when there is
reason to believe that the killing was illegal. Perpetrators
may be charged with a crime and prosecuted in the courts. In
July, Jhonny David Villarreal Matos, a student, was shot and
killed in Trujillo during a student demonstration. The police
denied that they were responsible, but the Trujillo Governor
turned over eight state police officials to the federal
judicial police for an investigation in connection with
Villarreal's death. There is no evidence to indicate the
death was politically motivated.
b. Disappearance
As a matter of policy, police authorities do not abduct,
secretly arrest, or hold people in clandestine confinement.
There were no reports of such incidents.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Venezuelan law prohibits the torture of prisoners.
Constitutional provisions for the integrity of the individual
are usually enforced, but allegations of physical abuse of
detainees remain common. These infractions are usually
attributed to excesses on the part of law enforcement
officials or inadequate supervision of prison guards.
628
VENEZUELA
Prison conditions are Spartan, often very poor. Sanitation
and health care are inadequate, as is the diet unless
supplemented by donations from friends and family. Discipline
is sometimes inadequate, and violence by guards against the
prisoners and among the prisoners is especially common in the
more crowded prisons. Personnel responsible for such violence
are not known to be punished. The low educational level and
limited training of many prison guards are contributing
factors .
In November Humberto Lopez, a student, died in police custody
in Merida. Police claimed he was arrested because he was
drunk and disorderly, and subsequently died of a cocaine
overdose. An official autopsy revealed that he had swallowed
small packets of cocaine. However, this version was disputed
by Lopez' family, who claimed he was not a drug addict, and by
others who reported he was beaten to death. His death was
well publicized and sparked student protests throughout the
country, some of which were marked by violence committed by
both the students and security forces.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The right to judicial determination of the legality of
detention is provided for by law. Arrested persons or persons
under preventive detention legally cannot be held more than 8
days without a formal detention order, during which time they
may be held incommunicado. Arbitrary arrests and arrests with
improper warrants are common, and the time limits are
frequently exceeded, usually because of inefficiencies in the
legal system. Elements of the Catholic Church have publicized
allegations of frequent and arbitrary roundups by the police
in poor neighborhoods under vagrancy laws. Undocumented
aliens are frequently held incommunicado and then deported
without legal proceedings.
Of the hundreds of persons detained in connection with student
disturbances in the spring, 31 persons were turned over to
military courts on charges of subversion. The government
spokesman asserted that some of those arrested were engaged in
a terrorist plot against the State, spearheaded by the Red
Flag guerrilla movement. The government position was received
with skepticism by many members of opposition political parties
and commentators. Twelve of those initially arrested are still
in custody, 7 are before civilian courts, charged with
destruction of property, and 5 are before military courts,
charged with sedition.
There is no forced or compulsory labor; unremunerated labor is
prohibited by law.
e. Denial of Fair Public Trial
Fair trial is provided for by law and a number of procedural
safeguards. The accused is presumed innocent until guilt is
proven beyond a reasonable doubt. However, preventive
detention for criminal activity is legal and common. The law
provides public defenders for those unable to afford competent
defense; however, the workload of the approximately 350 public
defenders in the entire country exceeds their ability to
fulfill this provision. According to Ministry of Justice
officials, approximately 51 percent of the 28,000 persons in
prison have not yet been charged or sentenced. The same
judicial authorities attribute the backlog to an insufficient
number of qualified judges; automatic review of all lower
629
VENEZUELA
court decisions by higher courts, which cannot limit their
dockets; and failure to enforce procedural deadlines at each
stage of the legal process. Delays of 2 or 3 years in a
normal case are not infrequent. Bail is only permitted for
relatively minor crimes. Prisoners are commonly released
before a final decision is reached after serving more time
than the prosecution originally sought. A Judges Association
study revealed in 1980 that there was one judge for each
180,000 inhabitants in the Caracas area. The extraordinarily
slow pace of justice appears to be primarily a product of the
system's complexity and the formality of criminal trial
procedures. The judicial process is almost exclusively a
written one, requiring costly and time-consuming production of
voluminous reports by judges, attorneys, and witnesses at
every stage.
President Lusinchi, among others, has also attributed delays
and irregularities to corruption and use of personal influence.
The civilian judiciary is legally independent, but connections
to the two major political parties are important in the
judicial selection process. The nine members of the Judicial
Council, an independent body elected by the Congress, are
responsible for the training, nomination, and discipline of
judges. The Government is aware that improvement of the
judicial system is necessary to increase public confidence in
the courts. The Justice Minister announced the formation of a
Ministerial Commission reporting to the President to
investigate the growing influence of narcotics traffickers on
the legal system.
Civilians charged with armed subversion are tried by military
courts. Such persons are considered insurgents by the
Government. There is no statutory time limit on military
adjudication of their cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution and law provide safeguards against arbitrary
interference with privacy, family, home, or correspondence.
These safeguards are honored in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Venezuela has a free and lively press which frequently
criticizes the Government and denounces the sporadic instances
of government interference in the media. Some Venezuelan
journalists assert, however, that they are sometimes asked by
the Government to exercise self-censorship and are occasionally
pressured to avoid reporting on sensitive subjects. The
respected Inter-American Press Association (lAPA) states that
"press freedom exists in Venezuela." However, it also reports
the complaints of several journalists that they have been
subjected to government pressure for reporting or commenting
on certain sensitive topics. According to the lAPA report,
Luis Marcano Barrios, editor of a daily newspaper, charges
that he and other members of his staff were beaten by a group
of 50 politically motivated persons at a radio station because
Marcano intended to broadcast statements critical of local
government party leaders. In some cases, journalists contend
that government pressure on their employers has resulted in
dismissals or lack of access to media outlets. Rodolfo
Schmidt, twice arrested in 1986 on libel charges, finally
630
VENEZUELA
resigned from his position as managing editor of El Diario de
Caracas. He currently writes a regular column for that paper
and publishes his own newsletter.
Venezuela has 3 nationwide television networks, one of which
is government-owned, a regional television station, more than
156 radio stations, and numerous newspapers and magazines,
with 8 thriving dailies in Caracas alone. The Government
currently subsidizes newsprint consumption through
preferential exchange control and is a source of advertising
revenue for the media.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is respected.
Public meetings, including those of all political parties, are
held without interference. In the interest of public safety,
permits are required for public marches. Several student
marches with the potential for disruption, and for which no
permit had been issued, were dispersed by police in 1987 after
smaller marches had resulted in street violence. Professional
and academic associations operate without interference
although some have ties to political parties.
An object of "special protection" under the Constitution,
labor unions are free, independent, and powerful. They have
the right to strike and to bargain collectively. Unions
associate with the recognized public and private international
bodies in their fields. The Conf ederacion de Trabajadores de
Venezuela, an affiliate of the International Confederation of
Free Trade Unions, dominates organized labor in Venezuela and
has close ties to the ruling Accion Democratica party. Other
confederations occupy a lesser role on the labor scene.
c. Freedom of Religion
The population is overwhelmingly Roman Catholic, although
other religious groups enjoy freedom of worship and
proselytize actively.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens generally have freedom to travel within the country
and abroad and to return. Travel in the Amazon military zone
is an exception and requires a special permit for security
reasons. Venezuelans may emigrate if their tax obligations
have been met. Citizenship can be renounced. Recovery of
nationality requires a residence period of 2 years for
Venezuelan-born repatriates. The Constitution provides for
revocation of citizenship for naturalized citizens on specific
and limited legal grounds.
Venezuela traditionally has been a haven for refugees and
displaced persons from many European and Latin American
countries. Refugees are given normal residence status and can
be expelled only for criminal activities. A special family
reunification program exists for Cuban refugees living in
Venezuela .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Government is freely elected. Venezuela is a multiparty
democracy, and the political process is open to all.
631
VENEZUELA
Opposition views are freely expressed, and persons from the
entire political spectrum contend for positions ranging from
municipal council seats to the nation's presidency. Some of
the minor parties are outgrowths of former guerrilla
organizations f and they currently hold about 7 percent of the
seats in the national legislature. The two major parties are
the centrist Social Democratic and Social Christian. They
both support the participation of minority parties in the
political process, a reflection of the widespread desire to
have radical elements participate in the electoral process
rather than engage in armed insurrection. These minor, mainly
leftist, parties have been unable to win sufficient electoral
support to increase their percentage of representatives in the
national legislature.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Amnesty International and the Latin American Foundation for
Human Rights and Social Development have offices in Caracas,
and human rights organizations are able to operate free of
government restriction. Venezuela is a vocal critic of
governments that commit or tolerate widespread human rights
violations and supports international human rights
organizations .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no evidence that economic and social needs and
cultural aspirations are denied on a discriminatory basis to
any portion of the population.
The Constitution prohibits discrimination on the basis of sex.
and accords women and children "special protection" in the
workplace. Women workers receive extensive maternity leave
benefits, and laws limit their involuntary overtime. Women
are heavily represented in many of the professions, but
differences still exist between men and v/omen in wage and
employment opportunities.
Women continue to be underrepresented in the political sector,
but are increasingly active in all political parties, public
administration, and the judiciary. Two Ministers of State are
women, and 11 were elected to the 200-member Chamber of
Deputies .
Restrictions on property rights based on sex, religion, or
social status do not exist, but there are some restrictions on
ov;nership of business property and employment based on
nationality.
CONDITIONS OF LABOR
The legal minimum age for employment is 14, with certain other
restrictions applying. The Government establishes a minimum
wage. The workday is 8 hours, and the workweek 48 hours for
workers over 16. The Government has difficulty enforcing
these laws in the informal sector of the economy which employs
roughly 25 percent of Venezuelan workers. Despite passage of
new industrial safety statutes, enforcement of occupational
safety regulations is inconsistent due to the lack of
enforcement resources nationwide.
80-779 0-88-21
632
EAST ASIA AND THE PACIFIC
AUSTRALIA
Australia is a longstanding, multiparty, parliamentary
democracy operating within a federal system of government.
Federal elections were held in July 1987 and will be held
again before November 21, 1990.
Australia's developed economy, with important mining and
agricultural sectors, provides most Australians with a high
per capita income. Furthermore, the Government provides
assistance for the minority of relatively disadvantaged
citizens. Individuals are free to hold private property, to
pursue their economic and personal interests, to associate
with others, and to organize trade unions.
Australia has been in the forefront of those countries
promoting human rights both domestically and internationally.
Fundamental human rights are assured by law and respected in
practice. The Government makes a major effort to investigate
reports of discrimination.
Protection of the rights of Australia's approximately 180,000
Aboriginals is a demonstrated concern of the Government, which
recognizes that they are the group in Australia most
disadvantaged economically and by societal discrimination,
historically and currently. As Australia approaches its 1988
celebration of the bicentennial of European settlement, public
attention to Aboriginal concerns has increased, and the
Government is contemplating a more formal delineation of
Aboriginal rights than currently exists.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Killing for political motives by the Government or by
Australian political organizations does not occur.
b. Disappearance
There have been no instances of political disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Australian law prohibits all these practices, and this
prohibition is respected. Prison conditions are good.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Australian law prohibits arbitrary arrest and imprisonment.
This prohibition is respected in practice. Australia has
ratified and fully respects International Labor Organization
(ILO) Convention 105 concerning forced labor.
e. Denial of Fair Public Trial
Australian law provides for the right to both a fair hearing
and a fair public trial with an unimpeded right of counsel.
Free counsel is provided to indigents accused of crimes.
633
AUSTRALIA
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under Australian law and in practice, no search may be
conducted without a judicially issued warrant. Australia is a
nation of liberal political traditions and common law, and the
Government does not interfere with the privacy of family,
home, or correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
A functioning democratic political system, an effective
judiciary, and a large, diverse, and independent press combine
to ensure freedom of speech and the press.
b. Freedom of Peaceful Assembly and Association
Although Australia does not have a bill of rights, it is a
signatory to the U.N. International Covenant on Civil and
Political Rights, which provides for freedom of assembly and
expression.
Australian law and practice afford workers great freedom to
establish and to join trade unions, to choose their union
representatives, to formulate union programs, and to be
represented in negotiating the prevention and settlement of
disputes with employers. Unions are extremely active and
powerful. Industrial disputes are arbitrated by a system of
industrial courts.
c. Freedom of Religion
Australians have complete freedom of religion. A provision in
the Constitution precludes the adoption of an official state
religion. Australians are free to maintain links with
coreligionists abroad.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on movement within or outside of
Australia, including the right of emigration ann repatriation.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Gcveinment
Australians participate in their government by electing a
tv;o chamber Federal Parliament as well as numerous state and
local bodies. Voting is compulsory in general elections for
Australians IS years of age and over.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
It is the Governme.nt ' s policy to respond to any communication
from the United Nations alleging violations of human rights in
Australia. The Government also allows unimpeded access to all
international and nongovernmental groups investigating alleged
human rights violations.
634
AUSTRALIA
Internationally, Australia has been active in promoting human
rights as a member of the U.N. Human Rights Commission, the
U.N. Working Group on Indigenous Populations, and in other
forums .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
By law, Australia's people have equal access to government
services without reference to race, sex, religion, language,
or social status. Basic food, shelter, health care, education,
and social security benefits are assured for all. The Racial
Discrimination Act of 1975 prohibits discrimination on grounds
of race, color, descent, or national or ethnic origin.
Aboriginal groups and others claim that the Aborigines suffer
widespread discrimination. The Government acknowledges that
the Aboriginal population is the most disadvantaged group in
such areas as education, housing, health, and employment. In
addition to the broad range of programs available to all
Australians, the Government provides services specifically
aimed at improving Aboriginal socioeconomic conditions. In
1987 the Government created a Royal Commission to investigate
Aboriginal cell deaths, some 53 of which have occurred since
1980.
Aboriginal land rights remain a controversial issue. The
present Federal Government is committed to some form of land
rights legislation, preferably implemented by the states.
However, prospects for such legislation at any level of
government appear remote over the short term.
The Sex Discrimination Act of 1984 prohibits discrimination on
the basis of sex, marital status, or pregnancy. Women
constitute 39.9 percent of the Australian work force.
Although women are beginning to enter jobs previously occupied
only by men, they remain concentrated in a narrow range of
occupations predominantly occupied by females and characterized
by relatively low pay and status. In 1986 the Government
passed affirmative action legislation obliging employers to
take corrective action where there is under representation of
women employees.
CONDITIONS OF LABOR
Australia has long had a tradition that workers should be
guaranteed a decent standard of living. The minimum wage is
reviewed every 6 months by the Federal Arbitration and
Conciliation Commission with this in mind. A complex body of
regulations and commission decisions prescribes the 40-hour
(often 38-hour) week, paid vacations, and health and safety
standards in the workplace, as well as other benefits for the
overwhelming majority of Australian workers. Australia is in
the forefront of countries adopting regulations to protect
children from dangerous or unsuitable employment.
635
BRUNEI
Biunei is a small, wealthy. Islamic monarchy located on the
north coast of uorneo. Although there are substantial Chinese
and other minorities, it is predominantly Malay in population.
Brunei is a hereditary and traditional Sultanate that has been
ruled by the same family for over 500 years. A British
protectorate until January 1, 1984, it has been internally
self-governing since 1959.
The Constitution promulgated in 1959 provided for the first
sharing of political power by the Sultan, v;ho since
independence has been advised by a Council of Ministers. The
Constitution, however, permits the Sultan to override the
decisions of legislative and executive bodies in .most
instances. In elections for a legislative council in 1962, a
party opposed to policies of the Suitan won a large majority;
tensions over policy differences led to an armed uprising in
December 1962 thot was put down by British troops. The Sultan
then invoked an article in the Constitution that allowed him
to assume emergency powers for 2 years. This state of
emergency has been renewed every 2 years and is still in
force. Several persons detained under emergency powers
following the 1962 uprising, remain in custody without trial.
Although the Constitution is not suspended, the state of
emergency allows the Saltan great latitude in ruling by orders.
These orders have in effect suspended certain articles of the
Constitution .
Since 1962 there have been no disturbances or agitation in
Brunei. Economic factors have much to do with the general
sense of well-being. Brunei has only about 225,000 people,
but produces about 155,000 barrels of oil per day and slightly
over 5 million tons of liquified natural gas (LNG) per year.
It has one of the highest per capita gross national products
in the world. Brunei has no debts, and one leading weekly
economic newspaper estimated the nation's reserves at $20
billion in mid-1986. The oil and LNG revenues allow the
Government to provide free medical care, schools, and
university training to its citizens. A large proportion of
the Malay population is employed by the Government at generous
salaries v.'h!icn permit a higher standard of living than in
surrounding countries. Government employees are eligible for
low-interest or no-interest loans to purchase homes,
automobiles, and appliances. The nation's second largest
employer, Brunei Shell, provides similiar benefits to its
employees. Brunei has no income tax. There are several
substantial, low-cost housing plans designed to provide homes
for the landless .
There were no major human rights developments during the year.
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings by the
Government or any other organization.
b. Disappearance
There were no known disappearances, nor was there evidence of
persons having been abducted, secretly arrested, or
clandestinely detained.
636
BRUNEI
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There was no evidence of people having been subjected to
torture or cruel, inhuman, or degrading treatment or
punishment. Prison conditions are considered good.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution has no provision for habeas corpus. The
right exists, however, as the Application of Laws Act states
that the Law of England (1951) applies except where Brunei has
passed its own law. Under normal circumstances, a magistrate
must "endorse" a warrant. On rare occasions, warrants are
issued without this endorsement.
There were no allegations or known instances of people
detained, tried, or punished for the expression of views
critical of or different from those of the Government in
1987. In July the Sultan released from detention five men who
had recently returned to Brunei after having fled the nation
in the mid-1970's. These men hope to obtain jobs with the
Government. In 1986 six detainees, imprisoned after the
insurrection of 1962 or as a result of antigovernment
activities in the mid-1970's, were released after taking an
oath of allegiance to the Sultan. It is estimated that a
small number of detainees are still being held without trial,
including some detained after the 1962 uprising. Amnesty
International reports they are believed held in virtual
isolation. Several leaders from the 1962 insurrection live
abroad. They have not been sentenced in exile, a punishment
that is not practiced in Brunei, but may fear imprisonment if
they were to return to Brunei.
Brunei does not permit forced or compulsory labor, and there
have been no reports of this practice.
e. Denial of Fair Public Trial
The legal system in Brunei is derived from the British
system. Those suspected of common crimes are detained, tried,
and punished according to the law. Lacking a senior judiciary
of its own, the Brunei High Court has for its Chief Justice a
judge seconded from Hong Kong. There were no known instances
of interference with the judiciary by the Government in 1987.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the Government is empowered by law to intrude into
the privacy of individual persons, families, or homes, in
practice it does not do so.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although a political party was organized in 1985 with
government approval, there have been no challenges which might
have tested the degree of government tolerance in the
political arena.
Brunei's only television station is government owned (two
Malaysian stations can also be received). It usually avoids
controversial issues, as do newscasts on the radio stations.
637
BRUNEI
While the single weekly newspaper generally avoids
controversial issues, it did cover two of the year's most
sensitive issues in Brunei, the $10 million donation by the
Sultan to the Nicaraguan armed resistance and reports of oil
sales by Brunei to South Africa. Publications banned in
Singapore and Malaysia in 1987 because of "offensive" articles
encountered no problems in Brunei.
b. Freedom of Peaceful Assembly and Association
The Government permits the formation of associations for many
kinds of private economic, recreational, or other purposes
without interference, but it requires their registration.
There are no reports that registration has been denied by the
Government. There are private clubs, chambers of commerce,
churches, and a variety of social and cultural organizations.
In 1985 the Government allowed establishment of the Brunei
National Democratic Party (BNDP), the first political party
since party activity was prohibited in 1967. Just before its
first public meeting, the Government announced that government
employees could not attend party meetings, become members of
political parties, or otherwise engage in organized political
debate. Few members of the public were attracted to the BNDP's
launching assembly (the local press reported fewer than 100
people attended), and its longer term prospects are unclear.
There have been no other known instances of government
interference with party membership drives. In 1986 the
Government approved the establishment of a second political
party, the Brunei National United Party (BNUP); however, the
organizers never announced its formation, and nothing further
has been heard of it.
Trade unions, while legal, do not play any significant role.
The Department of Labor lists four trade unions, with a total
membership of only 1,125 members. Conditions in Brunei are
not conducive to the development of trade unions. There is a
severe shortage of native Brunei citizens (Bumiputras) relative
to the labor market. This has created a situation where about
one-third of all jobs are held by expatriate workers. Wage
and benefit packages far exceed those of neighboring nations;
there is a lack of those kinds of industries in which unions
have traditionally developed; and there is a long cultural
tradition of trying to achieve consensus rather than cause
confrontation.
c. Freedom of Religion
Islam is the official state religion, but the Constitution
provides for freedom of worship for other religions. There
are several Christian churches in the country. There are also
missionary schools in Brunei, including one attended by members
of the Royal Family.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on freedom of movement in the country
for its citizens, permanent residents, and expatriates. Some
restrictions on travel abroad are placed on certain expatriates
as part of contract obligations to the Government of Brunei.
Travel to Communist nations is restricted, and travel to China
by Brunei's ethnic Chinese citizens and ethnic Chinese
residents is tightly controlled. Brunei has not been willing
to accept refugees.
638
BRUNEI
Section 3 Respect for Political Rights: The Right of Citizens
to' Change Their Government
Under the continuing state of emergency there are no
representative bodies at the national or local level. In the
circumstances, there is no way in which citizens can change
their government through established democratic processes.
However, citizens may effect changes in government by working
through appointed village headmen and district officers, who
meet regularly with their constituents. They may also attempt
to effect change by petitioning the Sultan directly.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no government or private organizations in Brunei
which deal specifically with the protection of human rights.
Amnesty International reports it has appealed to the Sultan
for the release of a number of political prisoners on several
occasions but has received no reply.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Women are widely employed in the Government and private
sectors, generally in clerical and secretarial jobs, although
some hold senior level professional positions. As the number
of women university graduates increases, the ranks of women in
professional positions are expected to grow. There are no
separate pay levels for men and women. However, for reasons
of Muslim traditions and practices, women are not as likely to
find fast track positions in the civil service. Women are not
put under pressure to observe strict Muslim standards of dress,
but many Muslim women do observe these standards. Non-Muslim
women generally dress conservatively.
The majority of the substantial Chinese minority in Brunei are
not citizens (those having no claims to other nationalities
were "British-protected persons" prior to independence and are
now either stateless permanent or temporary residents).
Permanent residents cannot own land but usually resolve this
problem through 7-year leases, the maximum amount of time for
lease agreements in Brunei. The process of obtaining
citizenship in Brunei is long and difficult. In general, the
Chinese community has prospered in Brunei and much of the
country's commercial activity is in Chinese hands. While the
Chinese have done well economically, many are now reevaluating
their position in Brunei, especially the prospects of their
children in a society where Malay citizens are favored in such
areas as government employment. Some are emigrating to other
nations, especially Australia and Canada.
CONDITIONS OF LABOR
Working conditions are subject to inspection by the Labor
Commission on a routine basis, at the time of immigrant worker
quota renewal, and in response to complaints. These
inspections are carried out to determine adherence to minimum
safety and health standards and compliance with compensation
plans as filed with the Labor Commission. Brunei does not
have a minimum wage law, but the Labor Department determines a
"prevailing wage" for each employment sector. Employers are
required to pay at least the prevailing wage to obtain approval
for a worker quota. In practice, given the shortage of labor.
639
BRUNEI
market forces allow most citizens of Brunei to command high
wages. Employment of children below the age of 16 is
prohibited, and below the age of 18 requires the consent of
the child's parent or guardian and approval of the Labor
Commission. Women under the age of 18 may not work at night
or on offshore oil platforms. Work in excess of 48 hours
requires payment of overtime. Double time must be paid for
work performed on legal holidays. These regulations are
effectively enforced by the Labor Commission.
At least one-third of Brunei's work force is made up of
expatriates. Expatriate workers come to the country under
contract, and Bruneian employers must post bonds with the
government authorities to guarantee the departure of the
workers when their contracts are finished. Expatriates work
as teachers, government employees, business managers,
engineers, surveyors, construction workers, laborers, and
maids. There are also undocumented workers in Brunei, many of
whom work in construction. While these are not formally
discriminated against, they usually find themselves competing
for the type of low-paying jobs which Bumiputras no longer are
willing to accept.
640
BURMA
Burma, officially known as the Socialist Republic of the Union
of Burma, is a society torn between a strong attachment to
traditional ways and the desire for economic development. For
25 years the one-party government has stressed adherence to
the "Burmese Socialist Way," emphasizing self-reliance and
government control of the economy as a means of building an
affluent Socialist society.
After independence from the British in 1948, Burma embarked on
a path of national development with an essentially democratic
political system. Factionalism, insurgencies, economic
problems, and a nationalistic animus against the Chinese and
Indian minorities, who controlled much of the private sector,
led to a military coup in 1962, headed by the army commander.
General Ne Win. The 1974 Constitution established the Burma
Socialist Program Party (BSPP) as the sole legal political
party, with the authority to "lead the State." The party is
the sole channel for political activity in Burma, paralleling
and dominating government structures. Personnel for
government and party positions are drawn largely from the
military, the tool by which Ne Win runs and controls the
nation. The army enjoys a highly privileged status, getting
first claim on the economy's scarce resources, and its
security requirements often impact harshly on Burmese citizens.
Burma has fought various insurgencies since independence.
Some of the ethnically based insurgents are fighting for
autonomy or independence and against what they perceive to be
domination by ethnic Burmans. Others are no more than
narcotics syndicates with private armies. The Burma Communist
Party (BCP), the only insurgency seeking to overthrow the
Government, also receives most of its revenue from drug
trafficking. Though the rebels have been on the defensive in
recent years, the Government uses their continued existence as
justification to keep the control machinery of a national
security state firmly in place.
The attempt to follow "the Burmese Road to Socialism" has
produced expropriations without compensation, indiscriminate
seizure of wealth through demonetization, and tight
restrictions on private economic activity. Most significant
economic enterprises are government owned, but the private
sector, largely fed by smuggled goods, has proved to be the
most viable and resilient sector of the economy. Although
yearly per capita income is under $180, abundant land and
natural resources provides adequate food supplies and a higher
standard of living than that figure would indicate.
In the face of Burma's worsening economic situation, the
Government has begun tempering its doctrinaire socialism with
pragmatic economic measures, such as accepting foreign grants
and loans and decontrolling trade in basic crops. These
limited reforms have not yet shown significant positive
effect. In September the Government withdrew 80 percent of
Burma's currency without compensation. Coming shortly after
Ne Win had raised hopes with a call for reforms, this sudden
move left many Burmese confused and financially devastated.
The serious human rights problems which persist in Burma are
the result of an authoritarian government and ruling party
which do not guarantee basic rights or the application of an
impartial rule of law.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Burmese law prohibits summary executions. Buddhist tenets are
also a mitigating element. In past military operations against
insurgents, there have been reports of executions of prisoners
or killing of supporters, as well as noncombatant deaths,
although there were no confirmed instances in 1987. Indeed,
some observers attribute the Burma Army's recent successes
against insurgents in part to the Government's emphasis on
improving relations with indigenous minority groups.
Reports continue that some insurgent groups summarily execute
prisoners, opponents, and suspected informers. Insurgent
groups have sporadically continued to attack civilian targets,
such as trains, riverboats, and pagodas during festivals. In
the wake of the September demonetization, several police
stations in the Mandalay area were bombed by unknown
assailants, resulting in a few casualties but no deaths.
Government efforts to control demonstrations against the
latest demonetization reportedly resulted in the shooting
death of one demonstrator and the wounding of several others.
b. Disappearance
There were no reports over the past year of people being
abducted, secretly arrested, or held in clandestine detention
by security forces. There is usually no attempt to conceal
common criminal or political arrests from family members,
although details about the charges may not be revealed.
However, after student riots 0"er the latest demonetization,
some parents reportedly have been unable to locate their sons,
and assume that they were arrested.
There continue to be unconfirmed reports that some insurgent
groups resort to abduction as a political weapon to coerce
local inhabitants into cooperation.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although the Constitution provides that punishment shall not
be in violation of human dignity, police and security forces
at times use psychological coercion and torture during
investigations in both criminal and political and security
cases. The Government officially denies that torture or
inhuman treatment is practiced. Prison conditions are poor,
due in part to Purma's poverty.
There were reports recently that one detainee died after
interrogation in Mandalay for an alleged bomb attack or a
police station, but the cause may have been due to a
preexisting health condition. Insurgent groups err^loy death
threats, beatings, and other forms of physical and mental
coercion against opponents or villagers who refuse to
cooperate There have been reports that insurgent groups
tortured captured government soldiers in the course of
gathering information about Burma Army operations.
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BURMA
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There is no provision in Burmese law for a person in detention
to seek a judicial determination of the legality of his
detention. In serious cases involving national security, some
persons may not be formally charged but held under an
antisubversion act in indefinite detention without trial. In
less serious political and security cases, detention under the
act is nominally limited to 180 days, but this may be extended
with cabinet approval.
In common criminal cases, police may detain suspects up to 24
hours, after which a court order must be sought from competent
judicial authorities. These renewable court orders authorize
14-day extensions of the detention until charges are formally
brought before a court. Detainees are frequently held
incommunicado during the period of investigation and
interrogation but normally are allowed visitors thereafter.
In September some 600 persons, mostly students and some monks,
were arrested for rioting over demonetization. While most
were released a few hours later, some are assumed to have been
detained under the 180-day provision of the antisubversion act
mentioned above.
Refugees and other stateless persons are regarded as illegal
immigrants subject to arrest. If they cannot be repatriated
after serving sentences for illegal entry, they may be detained
indefinitely. Reportedly, the Government has several hundred
illegal immigrants from a number of Asian countries under
detention and is willing to release them if they are accepted
for permanent resettlement elsewhere.
Burma's legal code does not contain any statutory prohibition
of forced labor. The Burma Army frequently conscripts civilian
males in the vicinity of military operations (primarily in
areas populated by ethnic minorities) for porter duty. Some
of these porters are killed by mines planted by insurgents and
in military engagements. Insurgent groups also press-gang
villagers into service as recruits or porters.
e. Denial of Fair Public Trial
A 12-member Council of People's Justices (CPJ) exercises
national jurisdiction (on an appellate basis only) and
supervises courts at three lower levels. At the lower levels,
justice is administered by three-judge panels. These panels
are elected from a single slate of candidates chosen by the
BSPP. All judges are BSPP members, and many are active or
retired military officers. Most are untrained in the law but
normally advised by professional legal officers.
The judiciary is not independent of the Government, which can
influence both verdict and sentence, particularly in political
and security cases. Influence, payments, and favors are often
factors in lower court decisions. Tight control through BSPP
channels and the mandatory use of three-judge panels tend to
restrain judicial activism. At the same time, lower court
judges, being more easily swayed by local political and
financial pressures, are not always accountable to the CPJ.
The legal code is based upon the British colonial system of
law, as modified and expanded by the present Constitution and
other legal measures imposed by the Government. The
Constitution provides for public trials in most cases, and
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BURMA
this practice is followed in common criminal cases. In
political and security cases, special judiciary committees may
be named by the Council of State. The public normally is not
allowed to attend such trials.
The burden of proof is on the prosecution in both common
ciiminal and political and security cases. The accused has
the right to counsel in both types of cases, and legal counsel
is provided for- indigent defendants faced wich a possible
sentence of "i years or more. Normally, defendants can consult
freely and privately with their lawyers. Defendants and their
lawyers also are made aware of ehe cha^-ges and evidence and
are pei.riiitted to submit their own evidence. Tha verdicts of
civil, security, and military courts may be appealed to the
next higher court up to the Council of State.
f. Arbitrary Interf erenrt? with Privacy, Family, Home, or
Correspondence
In p(jlitical and security cases, security forces are not
subject to judicial procedures and usually enter homes without
v7arrants. In areas of insurgency, forced entry and
warrantless searches are carried out by government security
forces and rebel groups alike. It is widely believed that
security personnel selectively monitor private correspondence
and telephone calls. A well -developed system of neighborhood
informers reports on dissidents and criticism of the
Government .
In common criminal cases, however, police officials are
required to have a valid search warrant or to be accompanied
by a member of the local People's Council at the time of
search. Search warrants are issued by local or state judges'
committees .
Q. Violations of Humanitarian Law in Armed Conflicts
Burma's governments have been fighting ethnic and Communist
insurgencies for nearly 40 years, a problem which has
compounded human rights problems. Lacking adequate resources
and military equipment, military commanders have been known to
impress local inhabitants as eugm.entat ion forces. Government
operations can then be conducted with fewer official
casualties. The limited medical attention available goes
first to troops and seldom to civilians.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There are significant restrictions on freedom of speech and
press in Burma. The Constitution guarantees freedom of
speech, expression, and publication but stipulates that the
exercise of such freedoms should not be "contrary to the
interest of the working people and socialism." In practice,
opposition viewpoints and public criticism of the Government
are not tolerated. Party members can express some views about
economic problems or bureaucratic failures, but outspoken
members can be disciplined or expelled. Anyone criticizing
the Government's leadership in public or private is subject to
arrest. However, in the last year, private criticism has
become notably more intense and widespread without any signs
that the security apparatus has reacted.
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BURMA
The Government owns and operates the mass media in Burma,
including television, radio, and the six national newspapers.
There are some private periodicals. Newspaper editors are
appointed by the Ministry of Information, and editorials must
be approved in advance. Journalists are subject to strict
guidelines as to what can be broadcast or published,
especially on domestic matters. International news is subject
to prior review and selection, but reporting, edited from
foreign wire services, is generally objective and balanced.
However, stories about Burma or developments elsewhere with
obvious parallels to Burma's internal politics are not carried
or are heavily edited. Foreign shortwave radio broadcasts
such as BBC, Voice of Australia, and VOA are not jammed.
Criticism of government officials is not permitted in the
press, although cartoons and editorials will sometimes
criticize local administration indirectly. All forms of
communications--domestic and imported books and periodicals,
stage plays, motion pictures, and musical recordings--are
subject to government control and censorship. The Government
monitors academic inquiry in the social sciences. The
difficulty of obtaining scholarly publications from abroad and
of communicating with foreign scholars impedes academic
research, although there have been improvements in recent
years .
b. Freedom of Peaceful Assembly and Association
Although the Constitution provides for the right of assembly
and association, it exists only for those organizations
permitted by law. The Government does not permit private
associations, except for innocuous social purposes and then
only on a very limited basis. All organizations must be
registered formally with the Government and, in effect, are
subject to government control. The BSPP, in turn, advises the
Government as to whether a particular organization is to be
al lowed.
Most legitimate organizations are linked to the BSPP. BSPP
"mass organizations" for workers, peasants, and youth have
been established at every administrative level. These
organizations
serve primarily as vehicles for communicating national policies
and implementing government programs. Opposition political
groups are banned, and their members are subject to arrest.
Public meetings must be sanctioned by the Government.
The Government in recent years has promulgated two directives
that limit Buddhist monks' right to assembly and association.
Acting through the government-controlled hierarchy of the
monkhood (Sangha) , the State has prohibited monks from
attending various forms of public entertainment. In part this
has been done to maintain the moral purity of the Sangha, but
it is also aimed at curbing the political activities of monks,
potentially one of the most influential groups in Burmese
society.
There is no independent labor movement in Burma. Workers do
not have the right to organize independently, to bargain
collectively, or to strike. The labor force is organized into
BSPP-controlled workers' and peasants' mass organizations.
Most of the leaders of these organizations are party
officials, and their national leadership is made up of ranking
party and government officials. For example, the workers'
organization national chairman is also the Minister for Social
Welfare and Labor, and the peasants' organization chairman is
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BURMA
also the Minister for Agriculture and Forests; both are
members of the BSPP's Central Committee.
Labor disputes in both the public and private sectors are
mediated by arbitration boardb composed of worker, management,
and government representatives. In practice, these committees
are under the control of the Workers' Association, and the
BSPP, working through the Government, decides disputes. In
the public sector where workers, management, and government
representatives are all generally party officials, the process
has little meaning. However, in the private sector this
process can provide workers with a limited voice.
Burma is a member of the International Labor Organization
(ILO). Labor organizations and other professional
associations are not permitted to maintain independent
relations with international private bodies.
c. Freedom of Religion
Burma is a secular state dominated by the Burman ethnic
group. Freedom of religion is provided for in the
Constitution and widely observed in practice. The great
majority of Burmese are Buddhist, although there are sizable
Christian, Muslim, and animist minorities based principally in
various minority ethnic groups.
While minority religious groups are allowed to practice
freely, security services do monitor the activities of some
religious communities closely. Some persons of mixed Burman
and ethnic minority ancestry have been known to convert to
Buddhism as a way of strengthening their claim to be
considered ethnic Burmans.
There is considerable social prejudice against Muslims in
Burma. Occasionally this erupts in violence and in one
instance this year led to government action which infringed on
the practice of the Muslim religion. In May, towards the end
of the Ramadan fast, Muslim worshipers in Rangoon were
viciously attacked by machete-wielding persons irate over the
loud chanting during services. After quelling the disturbance,
the Government sealed the mosque and refused to allow the
prayers that end Ramadan.
Religious groups can and do maintain links with coreligionists
in other countries, including the Roman Catholic Church, which
maintains ties to the Vatican. Religious travel such as the
hajj is permitted and in some cases subsidized by the
Government. Foreign religious representatives are usually
allowed only tourist visas and are not permitted to preach,
proselytize, or remain to carry out missionary work. So far
as is known, there are no foreign missionaries in Burma.
All religious organizations are required to register with the
Government. Religious publications are subject to the same
government control and censorship as other publications. On
occasion, the Government has used a nationalization law to
take control of the property of religious organizations.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution assures Burmese citizens the right to live
anywhere in the country. Except for limitations in areas of
insurgent activity, Burmese citizens can travel freely within
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BURMA
the country but must inform local authorities of their
temporary place of residence. Noncitizen residents, including
persons born in Burma who hold foreigners' registration cards,
must obtain prior permission to travel.
Legal requirements and bureaucratic procedures cause long
delays in obtaining passports, and the right to emigrate
usually is denied, although actual emigration is not blocked.
Severe limits are placed on what emigrants are allowed to take
with them. Before traveling abroad, private citizens normally
must reimburse the Government for their university and
professional education and pay income tax in advance. Persons
who retain Burmese citizenship and who left the country legally
are generally allowed to return to visit relatives. Burma
does not recognize dual citizenship: acquiring citizenship in
another country results in the loss of Burmese citizenship.
Those who take citizenship in another country are banned from
returning to Burma. Emigrants wishing to return permanently
are still required to reapply for Burmese citizenship.
Burmese who leave the country illegally cannot legally return.
Burma does not permit foreign refugees or displaced persons to
resettle or seek safe haven within Burma. The Government
treats persons claiming to be refugees as illegal immigrants
and imprisons them.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Burma has an authoritarian, one-party system in which leaders
are drawn for the most part from a small elite within the
military officer corps. All government institutions and other
organizations in Burma are subordinate to the guidance of the
ruling BSPP. The party in turn follows the leadership of
Chairman U Ne Win, who has personally ruled and guided the
formulation and execution of national policy for the last 25
years .
At the top of the formal government structure is a 29-member
Council of State whose chairman, U San Yu, is ex-officio
President of Burma and also Vice Chairman of the BSPP. A
unicameral People's Assembly is the titular source of
legitimate power, yet it meets only twice a year for 4-day
sessions. Its 489 members are chosen for 4-year terms and, in
parliamentary style, include government ministers.
Ethnic Burmans dominate the political system, although the
party seeks to expand participation by Burmese ethnic
minorities. Women are underrepresented both in the Government
and in the party relative to their percentage of the general
population. Under the Constitution, Burmese citizens do not
enjoy the right to change the party in power.
Political opposition is not tolerated, and opposition
political parties are illegal. The BSPP is used to mobilize
popular support behind decisions of the leadership rather than
as a vehicle to express the individual or group opinions of
the members.
Elections are held at various levels once every 4 years,
except when byelections are required to fill vacated seats.
Suffrage rights extend to all persons over 18 years of age who
meet strict citizenship requirements. The party chooses a
single slate of candidates for government offices. Although
party nominees run unopposed, they must receive 50 percent of
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BURMA
the vote to be elected. In party and governmental
decisionmaking assemblies, votes are almost always unanimous.
Party candidates generally win elections at state and division
levels. In the last country-wide election, held in 1985,
several thousand party candidates at the township levels and
below were not elected, and many who were elected barely met
the 50 percent vote requirement. If the electorate refuses
party candidates three times, party candidates from outside
the district are brought in. However, when such plans are
announced, the township usually opts for local party
candidates over outsiders.
Under the 1982 citizenship law, ethnic Burmese, including
indigenous minorities, enjoy advantages that are not available
to immigrants and their immediate descendants. The law
significantly limits the political, residential, and ownership
rights of immigrants (primarily ethnic Chinese and Indians)
whose parents or grandparents are not citizens. Full
citizenship is conferred only on those whose ancestors lived
in Burma prior to the first Anglo-Burman war in 1824.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No known internal Burmese organization, governmental or
private, monitors the human rights situation in Burma, nor
does Burma actively participate in international or regional
human rights bodies. The Burmese Government does not permit
investigations of its human rights practices, nor is it
willing to discuss human rights problems with outside
governmental or nongovernmental organizations. However, the
Government has permitted visits by U.N. organizations such as
the ILO and the Office of the United Nations High Commissioner
for Refugees (UNHCR) to discuss a few specific issues.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Burma's numerous ethnic minorities have their own distinct
cultures and languages. Economic development among minorities
has lagged, and many still live at the subsistence level.
This is due in part to geographic factors which impede
economic development in rugged, isolated, ethnic minority-
populated border areas. Burma's chronic insurgencies, many of
which are based on ethnic minority groups' perceptions of
Burman dominance of the country at the expense of the
minorities, also play a large role in lagging economic
development. Minorities are underrepresented in the BSPP and
the Government, are largely excluded from the military
leadership, and sometimes suffer other forms of discrimination.
Persons of nonethnic Burmese ancestry, primarily Indians and
Chinese, while denied full citizenship status and excluded
from party or government positions, continue to play an
important role in the economy, a factor resented by the
majority population.
Women in Burma have historically played an active role in
society, but this varies with cultural traditions and ethnic
backgrounds. In general, Burmese women enjoy most of the same
legal rights as men. They keep their own names after marriage,
are active in trade, and often control family finances. There
are no women in the senior ranks of government service above
the rank of director general. Since the 1985 elections and
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BURMA
party congress, however, a few more women are members of the
BSPP Central Committee and the People's Assembly. Lately,
younger women have been entering universities and the civil
service in increasing numbers.
CONDITIONS OF LABOR
Burma continues to revise and update its labor laws. At
present the minimum age for workers is 15. There is a 5-day,
35-hour workweek for employees in the public sector and a
6-day, 44-hour workweek for private and parastatal sector
employees, with overtime paid for additional work. However,
public sector employees seldom actually work more than 6 1/2
hours a day. Workers have 21 paid holidays a year, and there
are numerous legal provisions to protect workers' health and
safety, but these are not strictly enforced. The minimum
legal wage is about $1.00 per day at current official exchange
rates. In the private sector the minimum wage law applies
only to cheroot-rolling plants and rice mills.
The gap between legal provisions and actual conditions can
vary widely, with government entities and government corporate
enterprises coming closest to the legal standards. The law
commission of the National Assembly reportedly still has under
consideration legislation concerning ILO Conventions 17
(workers' compensation) and 52 (hours of work).
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The human rights situation in Cambodia is profoundly affected
by the ongoing struggle for political control, which began in
December 1978 when the Vietnamese army drove the Khmer Rouge
Communist regime of Democratic Kampuchea out of Phnom Penh.
Vietnam subsequently installed a puppet regime, the so-called
People's Republic of Kampuchea (PRK), under former Khmer Rouge
division commander Heng Samrin. Vietnam, through the Heng
Samrin regime and its own occupation forces, controls most of
Cambodia by force of arms. Widespread abuses of human rights
in Cambodia stem largely from the occupation by at least 10
Vietnamese army divisions and an indigenous Communist country-
wide, civil-military control apparatus which together maintain
the Heng Samrin regime in power. This control is challenged
by a three-part Khmer resistance movement, the Coalition
Government of Democratic Kampuchea (CGDK) , which holds
Cambodia's seat at the United Nations. The resistance has
implemented a guerrilla strategy and conducts operations
throughout much of Cambodia from areas along the Thai-Cambodian
border .
Vietnam has attempted to develop Cambodian political and
economic institutions following the Vietnamese model. Power is
restricted to the Communist Kampuchean People's Revolutionary
Party (KPRP) , which is controlled by the Communist party of
Vietnam. Vietnam has declared that its army will leave
Cambodia by 1990. However, growing dissatisfaction with the
Vietnamese occupation and persistent PRK weakness make it
unlikely that the Heng Samrin regime for the foreseeable
future will be able to sustain itself without Vietnamese
troops .
The CGDK was formed in 1982, when two non-Communist resistance
(NCR) groups joined with the Khmer Rouge in a loose alliance.
While in power from 1975-1979, the Khmer Rouge compiled one of
the worst records of human rights violations in history as a
result of a thorough and brutal attempt at restructuring Khmer
society. The number of Cambodians who died as a result of
such policies was probably at least 1 million. Despite claims
to the contrary, the Khmer Rouge top leadership from 1975-79
remains in place. A number of recent incidents have been
reported in which the Khmer Rouge acted with great brutality,
and no reliable evidence exists that they have given up their
ultimate goal of regaining power in Cambodia. The Khmer Rouge
currently has between 40,000 and 50,000 men under arms.
The Khmer People's National Liberation Front (KPNLF) , which
reportedly has approximately 7,000 armed men, is the older of
the two NCR groups. It is led by former Prime Minister Son
Sann and espouses a parliamentary form of government. It was
formed in 1979 with the merger of several existing NCR groups,
many led by former soldiers from the period of the pre-1975
Khmer Republic. Lack of discipline in the KPNLF ranks has
resulted in criminal attacks, extortion, and other crimes
against some Thai villagers and Khmer and Vietnamese refugees
in the Thai-Cambodian border areas.
The other NCR group and the third group in the coalition is
the National United Front for an Independent, Neutral,
Peaceful and Cooperative Cambodia (FUNCINPEC) , headed by
Prince Norodom Sihanouk, who ruled as hereditary king and
later Head of State until 1970. The appeal of this
organization centers on the Prince's international stature and
his popularity within Cambodia. The Sihanoukist National Army
(ANS) has at least 10,000 armed soldiers.
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During 1987 systematic violations oC human rights continued in
Cambodia, as Vietnam relied on force to maintain its client
regime in power against Lhe popular will. The Vietnamese
continued Jarge-scale forced labor work projects in support of
combat operations in vjestern Cambodia during 1937, in an
attempt tc cut off infiltration by the resistance. According
to the accounts of workers who fled these projects in 1987,
exploding mines and disease continued to take a heavy toll.
RESPECT tCR HUMP:M RIGHTS
Section i Respect tor the Integrity of the Person, Including
Freedom f:co-n;
a. Political Killing
Reports of political killing in the Vietnamese-controlled areas
of Cambodia have declined in recent years, but Khmer resistance
groups continue to report instances of Vietnamese and Heng
Samriii officiais killing suspects during interrogations.
Death in captivity due to torture or other mistreatment is
coim-ion, according to the testimony of former prisoners. There
were reports Ln 1987 of suirimary executions by units associated
with the KPNIjF, but the circumstances of the alleged killings
suggest disputes connected with bVBcV market activities more
than political motives.
Civilians continued to be killed in 1987 during attacks by the
Khmer Rouge on lines of communication and other economic
targets. As in previous years, there are many reports to
indicate that disobedience to the authorities in Khmer Rouge
encampments often draws severe punishment, sometimes including
execution. Defectors from the Khmer Rouge report that Khmer
Rouge prisoners have been killed by mines while performinc,
forced labor, such as transporting supplies for guerrilla
forces in Cambodia. Some former Khmer Rouge believe such
deaths were not accidental. Attempts to flee Khmer Rouge-
operated camps for those run by the non-Communist resistance
groups can also result in death. In several cases during 1987,
civilians who were successful in escaping Khmer Rouge cam.ps
did so while under fire from soldiers sent to recapture them.
b. Disappearance
There have been reports that Henq Samrin security officials
have been responsible for the disappearance of persons
suspected of opposing the regime. Although most who
disappeared apparently have been imprisoned, some may have
been killed, but specific evidence is not available.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Physical torture by Vietnamese and Heng Samrin security forces
has been reported both from rural areas and from Phnom Penh
prisons. There is a legal prohibition against torture, but
there are no known cases of anyone being prosecuted under this
law. According to reports gathered by Amnesty International
in 1986, people suspected of involvement with the resistance
run the highest risk of torture, although people alleged to
have expressed opinions critical of the Heng Samrin regime's
policies or the role of the Vietnamese in the country are also
said to risk torture, as are those thought to be trying to
leave or return from areas under resistance control. Torture
has been reported to take place throughout the country at
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facilities under the control of both the Ministry of Interior
(and its subordinate civil police forces) and the armed forces,
including jails run by the Ministry of Defense in Phnom Penh.
Vietnamese "experts" are reported to have participated in or
have been present during torture at these centers, especially
those at the provincial level and above. Such "experts" are
also reported to have tortured political suspects in centers
run exclusively by the Vietnamese military. These include
jails run by the propaganda and education brigades in the
provinces and by the head offices of their "expert" corps in
Phnom Penh.
According to Amnesty International, a variety of tortures is
inflicted on political suspects detained for interrogation.
The most commonly cited are lengthy and repeated beatings and
whippings. Detainees are said to have been punched and kicked
on the body, head, and extremities; struck with pistol and
rifle butts, truncheons, wooden staves with sharpened edges,
and bamboo or iron bars; and whipped with electrical or steel
cables, chains, rubber hoses, or wet gunny sacks. The victim
may be tied up during these assaults or blindfolded and hung
upside down from the ceiling with ropes. There are credible
reports that many other forms of torture are also used,
including being buried alive, burning with powdered limestone
or heated instruments, and the insertion of nails through the
thigh muscles to the bone.
Both Amnesty International and the Lawyers Committee note that
detainees undergoing interrogation in centers higher than the
district level are generally held incommunicado in small and
completely dark solitary confinement cells that are poorly
ventilated and unsanitary. They are immobilized by shackles
on both legs. Sometimes they also are handcuffed. The
detainees are allowed no bedding or mosquito netting.
Detainees whose ill-treatment during interrogation is being
intensified are also deprived of food and water progressively
to undermine their physical strength and resistance to illness.
They may not bathe or go outside their cells to relieve
themselves and are reportedly permitted no medication or
medical attention.
The aim of this cruel treatment is apparently to compel
detainees to confess to crimes and to inform on other suspects
or persons considered opponents by the authorities. Although
it is rarely reported that a suspect has been killed during
the actual interrogation, there are frequent reports of
detainees dying following interrogation, during the indefinite
period of detention without charge or trial. Such deaths
reportedly occur even though the torture is over and conditions
have improved. The causes appear to be a combination of
internal injuries sustained during torture, unattended diseases
contracted during or after torture, and inadequate diet.
Suicides also have been reported, as well as cases of detainees
becoming insane after torture and ill-treatment.
According to a prisoner who escaped the Battambang provincial
prison in 1987, new prisoners are immediately sent to the
interrogation office. Interrogation lasts as long as
necessary to obtain a confession and, according to this
source, techniques include kicking and beating the prisoner
with a stick, suffocating the prisoner by putting a plastic
bag over his head, and the use of electric shock. He reported
that prisoners occasionally died as a result of the torture.
After interrogation, a prisoner is normally transferred to a
maximum security cell, usually for at least a year until he is
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considered sufficiently reliable to be transferred to quarters
with less stringent controls. Under maximum security,
prisoners are stripped down nightly to their undershorts and
their hands and legs shackled. Once prisoners are transferred
to new quarters, they are assigned manual labor tasks either
within the prison compound or in public areas near the prison.
A group of Vietnamese captives released by the Khmer Rouge in
1986 reported being beaten senseless, forced to do hard manual
labor, and forced to fight each other for the amusement of
their captors. However, other Vietnamese captives released
during 1986 reported more acceptable treatment by the Khmer
Rouge.
Amnesty International has received reports that some
undisciplined elements in the NCR had committed extrajudicial
executions of political and criminal suspects; that they held
political prisoners without trial and severely mistreated
them; and that they had raped women prisoners in military
custody.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Heng Samrin authorities often detain, interrogate, and jail
resistance sympathizers for extended periods of time without
formal charges. Amnesty International states that "analysis of
all the available information indicates that prisons in the PRK
have held several thousand political prisoners during recent
years." This estimate does not include so-called "misled
people restricted by the PRK for reeducation." Of the more
than 400 political prisoners on which Amnesty International
had compiled information by early 1987, almost half had been
confined for at least 7 years.
Separate sections within the Heng Samrin police are responsible
for investigation of activities by the non-Communist (KPNLF and
ANS) and Communist Khmer Rouge resistance groups. The Ministry
of Interior maintains at least three prisons in Cambodia in
which suspected supporters of the resistance are held without
formal charges. Provincial police and joint Vietnamese/Heng
Samrin military internal security units maintain additional
detention and interrogation centers. Regulations of the Heng
Samrin regime call for the arrest and "reeducation" of "any
person carrying out propaganda campaigns to sabotage internal
unity and Kampuchea-Laos-Vietnam solidarity." Such
"reeducation" means indefinite detention to force a change in
political values.
Combined with brutal treatment of suspected resistance
collaborators, the Heng Samrin regime also operates an amnesty
program for those resistance soldiers who voluntarily surrender
with theii weapons. There are various accounts of the regimen
awaiting those who return. According to an official of the
program, who defected in 1986, returnees are debriefed and
returned to their home villages. Informers in the village
then determine over a period of time whether the person is an
authentic defector or still works for the resistance, in which
case he would be rearrested. According to Prime Minister Hun
Sen, returnees are allowed to return to their home villages
"after a short period of reeducation." Considerable publicity
is given to this program by the regime, which claims that large
numbers of "misled" persons are continuously surrendering to
authorities, along with their weapons.
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There is a virtual absence of legal process for those detained
under the Heng Samrin regime. Detainees are almost never
informed of the charges against them, nor are they given access
to a lawyer or informed of any rights or legal protections.
There is no requirement that officials notify anyone of a
prisoner's arrest if they deem it is not in the interest of
the investigation. According to Amnesty International, the
same PRK authorities are responsible for arrests,
interrogation, decisions on a suspect's guilt or innocence,
and prison administration.
Forced labor by the PRK regime and directly by the Vietnamese
military is common, although it is not primarily used as a
sanction or means of racial, social, or other discrimination.
The authorities have systematically conscripted Khmer civilians
from throughout Cambodia for work on military-related projects
in or near combat areas along the Thai-Cambodian border. The
number of these forced laborers remained in the tens of
thousands during 1987. They were organized into paramilitary
units in a massive program to clear brush for fields of fire
and construct physical obstacles to infiltration. They have
suffered frequent loss of life from mines, malaria, and other
diseases in the remote border areas. Their forced
participation places their lives at risk when Vietnamese or
resistance military actions occur nearby. During 1987 there
were indications that the number of civilian laborers decreased
somewhat from the previous year, but this may have been due in
part to a drought that required farmers in the last half of the
year to stay at home awaiting the opportunity to plant crops.
Several times during 1987 the International Committee of the
Red Cross (ICRC) brought to the attention of PRK officials the
humanitarian implications of forced civilian labor near the
border but received no response.
The Khmer Rouge also require labor from all persons under their
control, and persons living in camps controlled by the Khmer
Rouge were prevented from leaving, either to return to areas
controlled by the Vietnamese or to join other resistance
groups. Khmer Rouge defectors continued to report in 1987
that they were forced to carry supplies and ammunition into
the interior of Cambodia in support of military operations,
claiming they were punished if they failed to comply. There
are credible reports of some forced conscription by the NCR,
particularly of young males living in NCR-affiliated camps in
Thailand.
e. Denial of Fair Public Trial
A 1982 law on court organization provides the right of counsel
only with prior approval of the court. The 1981 Constitution
provides for public trials but allows for closed sessions.
Political prisoners under the Heng Samrin regime are regularly
denied fair trials. Estimates of the number of political
prisoners in Cambodia range from the hundreds to the thousands.
Reliable figures are not available.
The Lawyers Committee for Human Rights, as well as Amnesty
International, also reported the existence of prisons run by
what it termed the Vietnamese "special branch," such as the
one designated 7708 in Phnom Penh. This is in fact the
designation of one of at least 20 propaganda/civic action
units of the Vietnamese army which work with Heng Samrin
authorities in each of the four military "fronts" and special
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zones in Cambodia to maintain internal security. The Lawyers
Committee estimated that political prisoners number in the
thousands .
The Heng Samrin regime has reestablished courts and begun to
develop a legal system, though there have been fewer trials in
recent years. However, trials are used primarily for purposes
of propaganda or public intimidation, with the verdict already
decided. There are few procedural rights for defendants.
According to a former prisoner who arrived at the Thai border
in 1986 and had gone through a Heng Samrin trial, defendants
are required to memorize carefully and rehearse in advance all
the questions and answers to be presented in court. Several
police officials who had left the country and were interviewed
by Amnesty International said that as of 1984 most cases were
decided by the interrogators without reference to any tribunal.
According to one, important cases might be referred to the
tribunal, but "the tribunal does not have the right to reject
the judgment of the interrogators. It only pronounces the
sentence." A former inmate of the Battambang prison reported
that in April 1987, very few of the approxim.ately 900 prisoners
in the facility, most of whom were arrested by PRK authorities
for alleged cooperation with the resistance, were incarcerated
as a result of judicial proceedings, but rather because they
eventually confessed to their crimes under interrogation.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Heng Samrin authorities search whenever and wherever they
wish. Networks of informers report to the secret police, and
Vietnamese personnel are assigned to monitor all levels of the
Heng Samrin internal security apparatus. Refugees arriving at
the border in 1986 reported the development of tightly
controlled fortified villages in areas of resistance activity.
Access to these villages is controlled by Heng Samrin or
Vietnamese troops, and people are forcibly relocated into them
to prevent contact with resistance forces. According to
arrivals at the border in 1987, and to one Western journalist
who accompanied guerilla forces into Cambodia, almost all
villages close to the Thai-Cambodian border in the northwest
provinces have been relocated to the other side of a border
sf-curity strip, especially those near known infiltration
points. As part of the Vietnamese program to stop
infiltration, this strip was cleared of all trees and brush,
providing a clear field of fire to defending forces and clean
dirt to reveal tracks of anyone crossing in the night. Heng
Samrin authorities also began in 1986 to require that families
in contested areas account for missing family members.
Failure to explain adequately their absence automatically
implies that they are with the resistance, and the family is
then relocated to a fortified village. There are also numerous
reports, confirmed by former PRK district officials, that the
regime confiscates the majority of rice and other foodstuffs
from villagers in an effort to prevent cooperation with the
resistance.
The Khmer Rouge strictly limits the social activity of those
under their control. For instance, they punish people
marrying without permission, having contacts with foreigners
and listening to unauthorized radio broadcasts.
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g. Violations of Humanitarian Law in Armed Conflicts
Since 1981 the ICRC has sought permission from the Phnom Penh
authorities without success to visit prisoners captured in
combat. It has also been unsuccessful in persuading the
resistance factions to allow them access to prisoners held at
their military camps. The ICRC has also had no success in
persuading Thai authorities to allow it access to Vietnamese
prisoners held in Thai prisons, nor in persuading the PRK
authorities to allow it access to a small number of Thai
prisoners reportedly held in Cambodian prisons. Nevertheless,
the ICRC has pursued a program to disseminate information
about the proper treatment of prisoners of war and the role
the ICRC traditionally plays during conflicts.
Attacks resulting in civilian casualties are frequently
mounted by the Khmer Rouge, particularly on trains and
highways. Khmer Rouge radio also frequently claims credit for
rocket attacks on urban areas and attacks by agents who lob
grenades at the "enemy" in movie theaters and other gatherings.
To the degree that any of these claims are true, it is unlikely
that the victims are solely military. It appears that an
important aspect of Khmer Rouge strategy is to destroy through
terror tactics any faith the people may have in the ability of
the regime to protect them. Non-Communist resistance
operations have not to date involved targets likely to cause
extensive civilian casualties, and they claim that avoidance
of civilian casualties is a high priority in their planning.
There is no credible evidence that chemical or biological
agents have been used in the conflict, despite vociferous
accusations from both sides. Although the PRK regime has
attempted to confiscate all excess food from areas of
resistance activity, in an attempt to deny food to guerrillas,
none of the parties to the conflict has yet targeted or
attempted to blockade civilian food supplies or other
necessities .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
In Heng Samrin areas, the press and radio are wholly
controlled by the regime. Criticism of the regime is not
tolerated, nor are foreign books and periodicals permitted,
except those officially distributed. There have been reports
of arrests for listening to foreign radio broadcasts. A
similar situation exists in Khmer Rouge camps. The
non-Communist groups do not have similar restrictions.
b. Freedom of Peaceful Assembly and Association
The only associations permitted by the Heng Samrin regime are
those created to support the regime, such as those for farmers,
women, and youth. Organized labor is totally under the
regime's control, and industries have organized branches of
the official "Trade Union for National Salvation." Collective
bargaining is unheard of.
c. Freedom of Religion
The Heng Samrin regime has permitted the return of religious
practices, but has not reinstated Buddhism as a state religion,
nor actively encouraged it. The number of Buddhist temples
(wats) is far smaller today than before 1970, and there are
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generally only two to four monks per wat, far fewer than
before the war. It is forbidden for men under 50 years of age
to be ordained. Religious affairs are overseen by the National
United Front for Construction and Defense, the same government
agency that seeks to organize women, youth, workers, and
religious groups to support the State. Communities that wish
to construct a wat must apply to the local front committee for
permission. At the second Buddhist monks' conference in Phnom
Penh in 1984, a resolution was passed forcing Buddhism into
the "two strategic tasks of the party--namely, to defend the
fatherland and to build it through the period of transition
step-by-step toward socialism." At the fifth conference of
Buddhist monks in October 1986, PRK politburo member Chea Sim
praised the contributions of the Buddhist monks and laymen in
Phnom Penh for their implementation of the party's and state's
political line toward Buddhism. In general, the Heng Samrin
authorities attempt to use Buddhism as one of a number of
organizations for "mass mobilization" to implement party
policies .
Christian groups are harassed by the Heng Samrin regime. The
Protestant and Roman Catholic communities in Phnom Penh
reportedly are not authorized to meet. Muslims, most of whom
are ethnic Chams rather than Khmer, have been encouraged by
the Heng Samrin regime to renew their religious community, and
Muslims have spoken out in public in support of the Heng Samrin
regime and against the excesses of the former Khmer Rouge
regime .
When in power in Phnom Penh, the Khmer Rouge disestablished
Buddhism as the state religion. Since their expulsion from
power, the Khmer Rouge have tried to give the impression of
reform. However, defectors from the Khmer Rouge zone in 1985
report that Buddhism is still discouraged by Khmer Rouge
authorities. Christianity and Islam were even more ruthlessly
suppressed by the Khmer Rouge when they controlled the country
and are not known to have been revived in Khmer Rouge-
controlled areas.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Heng Samrin regime tries to control tightly all travel
within areas under its control. A system of neighborhood
surveillance, modeled after the Vietnamese system, was
introduced in 1981. A system reguiring family registration
and identification books was begun in 1980, and in 1983 the
registration effort was placed under the police in each local
administrative unit. Complex regulations govern movement of
families and individuals within Cambodia. Passes are required
for internal movement between villages. Checkpoints are
ubiquitous, and bribes as well as written authority are
required to pass them, although checkpoints often can be
dodged by avoiding roads. Only a few top Heng Samrin regime
officials travel abroad. Other Khmer seeking to leave the
country flee to the Thai border to escape the conflict or in
the hope that they can enter U. N . -supported refugee camps in
Thailand. Except for those who bribe their way out, the Heng
Samrin regime routinely imprisons those caught attempting to
flee, as well as those believed to be returning from border
encampments affiliated with the CGDK. The Heng Samrin regime
has agreed in principle to accept returning displaced persons
from camps in Thailand, but has taken only one elderly woman
so far because it has not reached an agreement with the United
Nations High Commissioner for Refugees (UNHCR) on the mechanics
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of repatriation. Most of the Khmer allowed refugee status in
Thailand have been approved for resettlement and departed for
Western countries. Over 20,000 Khmer refugees remain at the
Khao-I-Dang holding center in Thailand. Another 269,000 Khmer
who have not been accorded refugee status in Thailand remain
as displaced persons in camps on Thai territory near the
border .
The Khmer Rouge also tightly control movement within their zone
and determine whether non-Communist forces will be permitted to
operate in or cross what they consider their "liberated areas"
in Cambodia. The Khmer Rouge generally refuse access by
international voluntary agency personnel to monitor conditions
in their affiliated camps in Thailand. Some limited monitoring
occurred in late 1987 after U.N. organizations threatened to
curtail assistance, and negotiations continue for more
extensive monitoring. Several small groups of Khmer Rouge
escaped to the non-Communists in 1986 and 1987. Freedom of
movement is less restricted in the non-Communist camps,
although still difficult. Those residents wishing to move to
a camp controlled by a different faction must obtain the
permission of the camp leadership or attempt to move on their
own. Military force is not deployed to stop them, although
bandits and other hazards make such efforts dangerous.
International voluntary agencies have good access to
NCR-associated camps in Thailand.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Khmer people do not enjoy the fundamental right of
self-determination. The KPRP, a party which acknowledges a
serious shortage of members, dominates political life in areas
controlled by the Heng Samrin regime. Major policies are
approved by Vietnam, and many day-to-day administrative
decisions, especially in internal security matters, are made
unilaterally by Vietnamese officials.
Political aspirants in Heng Samr in-controlled areas must study
the current political dogma, which centers on acceptance of
the Vietnamese explanation for Hanoi's dominant position in
Cambodia. Middle- and high-level Heng Samrin officials must
attend political schools in Phnom Penh and in Vietnam.
Relatively few Heng Samrin officials are considered reliable
by the Vietnamese. The highest positions of trust are given
to Khmer loyal to Hanoi prior to 1975, followed by pre-1978
defectors from the Khmer Rouge, other former Khmer Rouge cadre,
nonpolitical "intellectuals" (including many pre-1975 school
teachers) and low-ranking officials of pre-1975 governments, in
that order. While attempting to build an indigenous Communist
party and government structure in Cambodia, Vietnam itself
maintains complete control. Elections in Heng Samrin areas do
not allow genuine political participation, but rather are
staged by the regime to attempt to demonstrate legitimacy and
to underscore the relative status of leaders by varying
reported percentages of the "vote." Reports suggest that in
the 1981 national elections, percentages were manipulated, and
some victors were named regardless of the number of votes they
received. Vietnamese district-level advisors were reliably
reported to have picked candidates for lower-level elections.
Although National Assembly members are supposed to serve terms
of 4 years (the second round of elections should have been
held in 1986), no elections were held. Instead, the existing
National Assembly was extended for another 4-year term.
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The Khmer Rouge Communist Party of Kampuchea was ostensibly
dissolved in December 1981, but it continues to exist in areas
controlled by the Khmer Rouge. In fact, the party, in which
power is concentrated in the hands of fewer than 10 people,
controls all political, economic, and military life in those
areas. No opposition is possible. Although Pol Pot
purportedly "retired" in 1985 and assumed an advisory position
on national security, defectors fiom the Khmer Rouge report
that power continues to be held by the pre-1979 leadership,
and Pol Pot himself is reported to be the most powerful
military commander of the Khmer Rouge and the de facto
commander-in-chief .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Human rights violations in Cambodia have been the subject of
intense international attention since 1978, when the United
Nations Human Rights Commission and its subcommission on the
Prevention of Discrimination and Protection of Minorities
began investigating the problem. In February 1987, the
Commission adopted the latest in a series of resolutions on
Cambodia, reiterating its condemnation of persistent
violations of numan rights in Cambodia and reaffirming that
the continuing occupation of Cambodia by foreign forces
deprives the people of Cambodia of their right to
self-determination. Authorities in the areas controlled by
the Heng Samrin regime and Khmer Rouge have not permitted
investigation of charges of human rights violations.
In late 1984, the Heng Samrin regime declined to permit the
Lawyers Committee for Human Rights to visit areas it
controlled. A delegation from the Lawyers Committee visited
Khmer camps located in Thailand on the Cambodian border in
January 1987 and published in February a report on the human
rights situation there. The report was critical of human
rights abuses committed by the Khmer Rouge, bandits who had
deserted from the KPNLF, and some active duty KPNLF troops
against Cambodian refugees in Thailand. The report notes,
though, that the KPNLF has begun to address the problem by
investigating alleged abuses, setting up a military court, and
transferring military personnel from the area. In addition,
international organizations moved some civilians out of the
KPNLF-controlled camps where abuses were most often reported.
The Heng Samrin regime and the Khmer Rouge areas have Red
Cross organizations, but neither they nor any other groups in
those areas have a role in the protection of human rights.
Persistent attempts throughout 1986 and 1987 by Amnesty
International to obtain permission to visit Cambodia have
elicited no response from Phnom Penh authorities. The
non-Communist camps along the Thai-Cambodian border have a
substantial daytime presence of voluntary agency and
international organization staff who have intervened to secure
better treatment of minorities, such as Vietnamese refugees
among the Khmer.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Directives issued by the Heng Samrin regime in 1982 seemed to
accord a privileged status to Vietnamese immigrants vis-a-vis
Khmer residents, and there have been reports of Vietnamese
taking advantage of their status to force Khmer out of
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desirable occupations or land. Khmer arriving on the border
in 1986 reported that Vietnamese pressure and commercial taxes
in the cities are continuing to drive out Khmer and Chinese
merchants whose places are being taken by Vietnamese, who are
able to avoid taxation. Regime circular 351 issued in 1983
specified particular measures against ethnic Chinese who,
according to the circular, are being used by enemies of the
State "to engage in espionage, psychological warfare, economic
warfare; and to spread turmoil in the market place." Chinese
with "questionable family histories" are encouraged to report
to authorities to "clear themselves." Reports from border
travelers indicate that many Vietnamese, who had been expelled
during the Khmer Republic or Khmer Rouge periods, have returned
to Cambodia, along with many other Vietnamese. Most are
traders or fishermen, but a large group of Vietnamese farmers
have settled on rich marshland in Takeo Province.
CONDITIONS OF LABOR
There is no known minimum age for the employment of children.
No attention appears to have been given by authorities to
ensure acceptable conditions of work, and there is little
information on this subject. Wage scales for the few
industrial and government workers are set by the State and are
universally regarded as insufficient, forcing employees to
supplement their wages in some manner.
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The Chinese Communist Party (CCP) rules the People's Republic
of China (PRC) . A small group of leaders in several key
organizations, including the Politburo and its five-member
Standing Committee, the Military Commission, and the
Secretariat share power within the Party. Deng Xiaoping, the
Chairman of the Party's Central Military Commission, is
China's preeminent leader.
Since achieving power in 1949, the CCP has continued China's
long tradition of authoritarian rule. The CCP justifies its
leading role by invoking Marxist-Leninist ideology. The party
continues to place important restrictions on basic political
rights and civil liberties such as freedom of speech, press,
and association, although some of these controls have loosened
in recent years. The Government does not tolerate fundamental
criticism of the CCP or the Socialist system.
Student demonstrations in December 1986 and January 1987
highlighted a number of problems including the failure of
communism to attract the allegiance of educated youth, the
paucity of genuine communication between the CCP and the
people, and the inability of some older leaders to cope with
new situations. The Government reacted to student calls for
greater democracy with the ouster of the reform-minded General
Secretary of the CCP, Hu Yaobang, a campaign against
"bourgeois liberalization," and the removal of a few outspoken
liberals from the CCP. Yang Wei, a former student at the
University of Arizona who was arrested during the
demonstrations, was sentenced to 2 years' imprisonment in
December .
China remains one of the world's poorer developing countries.
As modernization of China's economy has progressed in the
post-Mao period, the leadership has repudiated much of the
Soviet econom.ic model, the basis on which it originally
structured China's Socialist economy. Without changing the
fundamental Socialist orientation of the economy or of the
Government, individual and small collective enterprises have
been allowed more leeway to operate, and many small
state -owned enterprises and stores have been contracted out to
individuals to manage. In addition, the rural commune system
has been eliminated, and peasants now farm land leased from
the Government under individually held contracts.
The human rights situation ii: China in 19G7 was characterized
by some improvements, especially related to the economic
reform program, but also by setbacks which served to clarify
the limits to liberalization in this autnoritar ian society.
The legal system, abandoned during the Cultural Revolution,
has been resurrected and is being st rengtiiened. During 1987
the Government raade further progress in the implementation of
a 5-year program of legal education for everyone.
Nonetheless, freedoms of speech, press, religion, and other
basic human rights continue co be strictly circumscribed.
Demonstrations in Tibet in September and October underscored
the fact that resentment of Han Chinese economic and political
dominance over minorities, even in tneir native regions, is a
continuing problem.
The Government maintains an extensive family planning program.
Although official Chinese policy prohibits coercive family
planning, in previous years, particularly before 1934, there
were reliable reports of coercive practices at local levels.
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More recently, government officials state that regulations
calling for prosecution of those using coercive measures have
been successfully implemented. A resurgence in birth rates in
the past 2 years is evidence that coercion may indeed have
decreased. The Government relies more on strong economic
pressures to encourage small families than on coercion.
The general trend toward greater toleration of religious
activities continued in 1987. The number of churches,
monasteries, and mosgues conducting religious services has
increased, as has the availability of religious training.
However, the authorities suppress unofficial religious
institutions and control ties to foreign religious
organizations. In Tibet, government limits on the number of
monks and controls on the activities of monasteries were among
the factors which led to protests in September and October.
The policy of opening to the outside world and loosening
internal controls has become an integral part of China's
economic reform program. The 13th Party Congress in October
reiterated China's commitment to the open door and economic
reform policies.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No known government-sanctioned politically motivated killings
occurred, although there have been reports in the past of
deaths resulting from unsanctioned actions by local officials.
A crime suppression campaign launched in the fall of 1983
continued in 1987, but less intensively than in 1986. Sources
estimate that between 7,000 and 14,000 persons were executed
in 1983-86.
b. Disappearance
There were no reports of persons being abducted or
disappearing at the hands of the security services.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
China's code of criminal procedure specifically prohibits the
use of torture. However, according to official statistics, in
the first 6 months of 1987, 65 cases of torture or physical
punishment of criminals were reported, a 23.5 percent drop
compared to the same period in 1986. The Government continues
to condemn and to publicize cases of such activity and to take
action against the perpetrators. In December 1986, China
signed the 1984 United Nations Convention Against Torture and
Other Cruel, Inhuman, or Degrading Treatment.
To indoctrinate the public and deter crime, the authorities
sometimes subject persons convicted of serious crimes to
public denunciation and humiliation at "mass sentencing
rallies." At these rallies, often attended by thousands of
people (including the families and neighbors of the convicted
persons), the accused are denounced and their sentences
revealed to the crowd. Policemen force prisoners to keep
their heads bowed as a mark of contrition. Such "mass
sentencing rallies" occurred in 1987. A July 1986 central
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CHINA
government order reportedly banned the practice of humiliating
criminals by parading them through the streets. (Public
executions should have ended with the promulgation of the Law
of Criminal Procedure in January 1980. However, despite the
provisions of Article 155 that "the execution of the death
sentence should be announced, but the condemned should not be
exposed to the public," there was at least one public
execution in 1987.)
There are credible reports that public security personnel
sometimes use harsh treatment at the time of detention. For
example, a number of reliable sources reported that People's
Armed Police severely beat several monks who were detained
during a demonstration in Lhasa on October 6.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Although Chinese law details a series of procedures to be
observed in the handling of suspects, including use of arrest
warrants and time limits for detention during investigation
and trial, such safeguards frequently are ignored in practice.
There have been press reports of officials being charged and
sentenced for illegal detention of persons. No provision
exists for preventive detention. Other guarantees in the law
include the right to counsel. However, a defense attorney
does not enter a case until after the police and procurator
have finished their investigations and have decided to
recommend to the court that the accused be formally charged.
Incommunicado detention of criminal suspects is a common
practice. In 1987 the Chinese legal press argued for the
participation of defense counsel at the investigation stage,
but there has been no official response.
In July 1984 the National People's Congress' (NPC) Standing
Committee approved amendments extending the period of
detention during investigation (after formal arrest) from 2 to
4 months and the time limit for trials from 1 1/2 to 2 1/2
months. In principle, these changes applied only to "serious"
cases and required that extensions be approved by provincial
procuratorates or courts. The NPC ' s action represented a
probable reduction in the time limits earlier specified by the
provinces. In practice, criminal cases in urban areas
generally are processed well within the time limits. In
remote areas, there are provisions to extend time limits if
necessary due to poor communications. In principle, court and
procuracy officials are to be held accountable if these time
limits are violated. The 1984 regulations also authorized the
use of bail for accused persons not considered "dangerous,"
but to date no reports of its implementation are available.
China is considering ratification of the International Labor
Organization (ILO) Convention on Forced Labor (105). China's
longstanding practice is that "reform through labor" or
"education through labor" entails participation in compulsory
labor. Prison and labor reform camps are expected to be
partially self-supporting, if not operating at a profit.
Under "labor education" provisions, those who commit minor
theft or fraud or who have been expelled from their work units
may be deprived of their civil liberties and subjected to 1 to
4 years of "reform" without trial. The program includes
ideological indoctrination, academic instruction, vocational
training, and compulsory labor. This nonjudicial sentencing
procedure has been used frequently against political dissidents
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in the past. Judgments are handed down by a Public Security
Office in consultation with representatives of local civil
affairs units.
In addition, there are several forms of administrative
detention. As noted in Amnesty International's 1987 report,
"China: Torture and Ill-treatment of Prisoners," under public
order regulations the police can detain people for a maximum
of 15 days for minor public order offenses. This punishment
is known as "administrative detention." Another form of
administrative detention imposed by the police is "shelter and
investigation." Although the Amnesty International report
cites 3 months as the maximum period for this type of
detention, officials have said that there is no statutory time
limit. Officials confirm Amnesty International's contention
that those subject to this type of detention are people who
commit minor offenses or whose identity, address, or
background is unclear.
"Reform through labor" is a court sentence imposed on those
accused of more serious crimes than those which come under
"education through labor" provisions. Individuals can be
sentenced to up to 15 years of "reform through labor."
Offenders from prisons in coastal areas are often transferred
to labor camps in remote areas of Xinjiang and Qinghai
provinces in China's far west. Even after they complete their
sentences, prisoners can be denied permission to return to
their homes in eastern China. In what amounts to a form of
internal exile, they can be assigned jobs and become permanent
residents of these underpopulated regions.
The Qinghai prisons are closed to foreigners; a U.S. Embassy
request to visit a prison or labor camp in Qinghai in the fall
of 1987 was denied.
As noted in Amnesty International's 1984 report, "China:
Violations of Human Rights," and as confirmed by Chinese
officials in 1987, the Law of Criminal Procedure in theory
affords protection to Chinese citizens against arbitrary
arrest or detention. Interrogation should take place within
24 hours of detention, the detainee's family or work unit
should be informed of the reasons for and the place of
detention, and a decision as to whether to arrest the detainee
should be made within 3 days. The detainee should be either
formally arrested with the approval of a People's Procuratorate
or released within 7 days after the initial detention (or a
maxim.um 10 days in "special cases"). In addition, the crim.inal
law strictly prohibits unlawful detention.
In practice, however, people have been detained for long
periods without being charged or told the reasons for their
detention. Political dissident Yang Wei, for example, was
held in detention for 11 months, apparently without formally
being charged, before being brought to trial. Further, the
provision of the law requiring notification to families or
work units when an individual is detained (Article 43, Law of
Criminal Procedure) is often ignored. According to an official
Chinese news service report quoted in Hong Kong's South China
Morning Post, in 1986 there were 91 persons who died while
illegally detained by public security officials. The report
also stated that the incidence of illegal detention in 1986
was 50 percent higher than in 1985.
With regard to prolonged detention without trial, an
unspecified time extension can be granted by the NPC Standing
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Committee. U.S. Embassy requests for information about
specific cases of alleged prolonged detention without trial
have met with no official response.
e. Denial of Fair Public Trial
China's judiciary is nominally independent but in practice
follows CCP policy. There are currently no standing special
political or security courts.
Most Chinese trials are essentially sentencing hearings at
which defense representatives plead for clemency for their
clients and, with few exceptions, do not contest their guilt.
The trials are preceded by extensive pretrial investigation
carried out by the Public Security Bureau and the Procurator.
Courts assume the guilt of any person brought to trial. There
have been instances, however, where accused persons have
successfuly defended their innocence and been released. (This
occurs in less than 2 percent of cases, according to one
judge.) Defendants in criminal cases may appeal both verdicts
and sentences to the next higher court. Appeals have resulted
in both stiffer and reduced sentences for the accused.
The Criminal Procedure Code requires that all trials be held
in public, except those involving state secrets, juveniles,
and "personal secrets." In practice, attendance at public
trials requires an admission ticket obtained from organizations
selected by the authorities, and foreigners, including the
press, are often barred. In the Yang Wei case, the tickets
were reportedly limited to cadres and university
administrators, rather than students or other colleagues.
Yang's parents were allowed to attend the trial, but foreign
observers were prohibited.
No reliable figures exist for the number of political
prisoners in China. Insufficient data make an accurate
estimate impossible. The Government denies that it has any
political prisoners and insists that it imprisons only
criminals and "counterrevolutionaries." The latter group
includes some who had no clear political motive in breaking
the law, but whose offenses (such as jailbreak) the
authorities nonetheless classified as "counterrevolutionary."
Counterrevolutionary offenses are said to constitute about 1
to 3 percent of the number of criminal offenses. Overall, the
number of such prisoners has probably dropped since the late
1970's through natural attrition and the reversal of verdicts
on hundreds of thousands of persons sentenced as
"counterrevolutionaries" during the Cultural Revolution. In
1986 cases of persons accused of being counterrevolutionaries
or having committed crimes of a political nature before the
Cultural Revolution were being reviewed. This reevaluation
was scheduled to be completed before the fall of 1987, but
there are as yet no statistics available on the progress of
this inquiry, even though individual cases have been
publicized.
The total inmate population in labor camps and prisons may
have increased since the advent of the 1983 anticrime campaign,
given a report that by the end of 1986 over 1 million people
had been sentenced as a result of the crackdown. Partial
figures obtained in 1986 suggest a total prison/labor camp
population of between 2 and 5 million, although, as the wide
range of this estimate indicates, an accurate figure of the
inmate population is unavailable.
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f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Individual and family life are extensively regulated in
China. For most Chinese (particularly the 20 percent of the
population who are urban residents), life revolves around the
work unit, which not only provides employment, but also often
controls housing, ration coupons, permission to marry and have
a child, and other aspects of ordinary life. The work unit,
along with personnel in neighborhood committees, monitors a
person's attitude and behavior and may report suspicious
activity to the authorities. The unit acts as the Party's
enforcer at the local level, but its considerable autonomy may
also be used to ignore or obstruct directives from the top.
Recent economic reforms and a central policy of relaxing social
controls have weakened the unit's interference in many aspects
of daily life, however. In rural areas, where political
control has always been more lax, the shift to family farming
from collective farming, for example, has markedly decreased
opportunities for arbitrary interference in personal lives by
local officials.
The effect of the economic reforms and the central policy of
relaxing social controls in the rural areas has influenced the
implementation of the birth-planning policy. In February the
State Statistical Bureau published the results of a population
sampling which indicated that 3.12 million more babies were
born in 1986 than in 1985, 1.6 million more than the number
planned for 1986. The increase was attributed to the rise in
the number of multiple births and to the increased number of
people of marriageable and childbearing age. According to the
survey, in 1986 the crude birth rate rose to 20.7 per thousand
compared to 17.8 per thousand in 1985. There was a slight
decrease in the rate of abortions. The number of first births
in 1986 was 51.2 percent of the total, second births were 31.5
percent of the total, and third or m.ore were 17.3 percent.
Only 15 percent of all couples of childbearing age have signed
a one-child pledge.
After years of resisting the view held widely outside China
that the PRC had to take steps to limit the growth of its
population, novi at 1.08 billion, the post-Mao reform
leadership decided to institute family planning programs.
During 1986-1987, China's leaders reiterated that family
planning is a top national priority and expressed concern that
the Government's policy has not been uniformly implemented in
the past 12 months. The Government cited particular concern
over the current unusually high number of females of
childbearing age, increasing birth rates, and recent medical
advances leading to longer life expectancies as reasons for
renewed efforts to achieve its goal of limiting China's
population to around 1.2 billion in the year 2000. Early in
1986, authorities began a massive campaign to extend
education, contraceptive counseling, free contraceptive
devices, and economic and social incentives down to the
grassroots level.
The authorities have instituted various controls on marriage
and childbearing. The minimum age for marriage is 22 for men
and 20 for women, high by world standards but lower than
previous CCP requirements. Special provisions enacted by
local people's congresses govern family planning policy for
minorities (e.g., the minimum age for marriage for most
minorities is 20 for men and 18 for women). Each province
sets guidelines (based on central government directions) for
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the desired number of children to be born during the year.
Increasingly, grounds for waiving the one-child rule have been
expanded by provincial authorities, ranging from the birth of
a handicapped baby and employment in particularly hazardous or
undesirable occupations to the birth of a girl as the first
born in some rural areas. In border regions and minority
areas, where population densities are low, governmental
control weak, and traditional attitudes strong, population
growth guidelines are looser, allowing a second and sometimes
a third child per family. Throughout the country, provinces
are allowed to make their own regulations regarding
implementation of the one-child policy as long as overall
birth rates match the state-imposed goals.
In general, minorities in nomadic herding areas are encouraged
to limit their families to two children. This encouragement
consists of verbal persuasion; no bonuses or other incentive
measures are used. Minorities in agricultural areas are
encouraged to limit themselves to one child and are allowed
two (Han in these remote agricultural areas are also allowed
two children). These regulations seem to hold for all the
remote minority areas in the west and Tibet. In practice, the
policy of relying on encouragement seems to be ineffective, as
large families appear to be the norm among minorities in
Xinjiang, Qinghai, and Gansu.
In Han Chinese areas, particularly in urban locations, central
guidelines appear to have been followed more vigorously.
Couples who sign a pledge to have only one child receive a
number of incentives: free health care for the child, a 5
percent increase in their pensions, priority in housing,
schooling, and medical treatment, and a monthly bonus of about
$2. Couples who insist on having a second child have the
right to do so in principle. However, in addition to losing
their monthly bonuses, they may be required to repay money
already received and, in some instances, give up or return
other benefits as well. Economic pressure on families with
more than two children can be severe, and can include loss of
Communist party membership, loss of job, difficulty in
purchasing state-supplied seed, fertilizer, and fuel, and
other sanctions. The rise in rural incomes accompanying
economic reforms has, however, reduced peasant responsiveness
to economic sanctions. Moreover, employment in small
collective or individual enterprises has further weakened the
ability of agencies to enforce regulations. Local and central
officials state that no permission is necessary for the first
child.
In the past, contrary to announced central government policy,
local officials coerced significant numbers of women who became
pregnant without permission into having abortions. In 1987
the Government stressed repeatedly that it does not condone
forced abortions or sterilizations. Chinese authorities have
said that they take measures against local officials who
violate the Government's policy in this regard. During 1986
there was an unconfirmed report from the Wuhan area that
couples with more than two children were being evicted from
their homes. Allegations of such forceful measures were rare
in 1986 and 1987. However, despite central government efforts
to prevent the imposition of rigid quotas, local government
officials and peers reportedly continue to exert pressure on
some persons seeking to have second children. This peer
pressure reportedly is often persuasive. Infanticide is
illegal, and the press has published cases of persons punished
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for this crime. No new cases of infanticide were reported in
1987.
Contacts between Chinese and foreigners have increased
considerably in recent years. Whereas Chinese citizens whose
work did not require or permit contact with foreigners have in
the past been warned or detained and questianed if they
persisted in meeting foreign acquaintances, such instances
appear to be rare today. Chinese seem anxious to strike up
conversations with foreigners and often volunteer unorthodox
political views. "English corners," where Chinese and
foreigners can meet to talk in English, attract large numbers
of people. The authorities in principle permit marriages
between foreigners and Chinese, but specifically prohibit
Chinese citizens involved in confidential and other "important"
work (e.g., diplomats and military personnel), as well as
those serving prison sentences, from marrying foreigners.
Sexual relationships between Chinese citizens and foreigners
are strongly discouraged. The authorities have detained,
interrogated, and fined foreigners for engaging in such
activities. The Government reportedly sent Chinese
participants to "reform through education" in some areas.
The Criminal Procedure Code requires the use of search
warrants for gathering evidence, and they have been presented
in cases involving foreigners. No reliable information exists
as to how strictly this provision is implemented among the
general population. The Criminal Procedure Law allows the
authorities wide latitude. If an "emergency situation"
develops when the authorities are carrying out arrest or
detention, they have the right to enter and search living
premises without warrants or notification. Several years ago,
there were credible reports of the use of electronic
eavesdropping equipment to monitor suspected political
dissidents. There is no evidence to suggest that the
authorities have ceased using such measures.
In December 1986, the NPC passed China's first Postal Service
Law guaranteeing privacy in written communication and
prohibiting tampering with mail except as permitted by law
(i.e., as noted in Section 5, Article 86 of the Criminal
Procedure Law, investigative personnel of the public security
organs or the Procuracy are empowered to authorize the seizure
of mail or telegrams).
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution provides for freedom of speech and
of the press, authorities do not permit open criticism of the
CCP or Chinese socialism. In general, restrictions on freedom
of speech and of the press have relaxed in recent years,
particularly since the Fourth National Writers' Conference of
December 1984. Degrees of government control vary from
absolute in the case of party organs such as the People's
Daily, to loose for publications dealing with apolitical
topics .
The Government in 1986 appointed a new Minister of Culture
known for his outspoken views in defense of freedom of
expression. In 1986 he publicly defended the more liberal
line calling for greater public debate. However, in January
1987 the Minister joined other authorities in calling for
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opposition to "bourgeois liberalization." This campaign
followed student demonstrations calling for political reform
and democratization and subsequent government actions which
included the purge of prominent intellectuals from the party.
An ideological chill, which limited freedom of expression in
cultural and intellectual circles, was evident through the
winter and part of the spring of 1987. Also during the spring
a crackdown on "illegal publications," ostensibly aimed at
pornography, began and quickly accelerated. A variety of
cultural events were reportedly prevented from opening on
orders from public security officials.
Despite continued affirmation by some officials that the
struggle against "bourgeois liberalization" is a long one.
Party General Secretary Zhao Ziyang affirmed in mid-May that
"the corner has been turned on ant ibourgeois liberalization"
and that the Government should focus on economic and political
reform from that point on. Even though the Party took
disciplinary action against five intellectuals in August, the
atmosphere prior to and during the 13th Party Congress in
October indicated a more relaxed political environment with
regard to freedom of speech and the press. Zhao Ziyang, in
his opening speech to the Congress, said that the Government
should "put an end to abuses of rights and freedoms" and enact
laws governing the press, publications, association, and
assembly. He encouraged intellectuals to open new paths in
practical work and to adhere to the policy of letting "a
hundred flowers bloom and a hundred schools of thought
contend" in theoretical work. This slogan provides an
ideological underpinning for limited expression of differing
opinions, while also serving to remind intellectuals of the
pitfalls of taking criticism beyond permissible bounds. Signs
in late 1987 suggest a resumption of the trend toward the
limited cultural liberalization that was interrupted in early
1987.
The leadership has permitted greater, albeit still limited,
access to various aspects of foreign culture. Foreign books
and artistic works are still screened by authorities, but more
are available now than in past years. Foreign films are shown
more frequently, and visits by foreign artistic groups are
more common. Selected BBC international news clips are
included in the television evening news broadcasts. Selected
subscribers in universities and other institutions receive
foreign periodicals. Tens of millions of Chinese read "The
Reference News," an officially published but privately
circulated selection of largely uncensored translations from
the foreign press. Coverage of foreign news in the open media
has become more extensive and professional. Chinese listen
freely to foreign broadcasts, and many universities use the
Voice of America and other foreign radio broadcasts in their
language courses. In its weekly programming, Chinese
television includes some programs from Western and other
countries .
Recent government action with regard to foreign press activity
in China has been contradictory. The authorities agreed to
extensive coverage of China's domestic scene when NBC
television broadcast its "Today" and "Nightly News"
programming from Beijing for a week in September. In
addition, the 13th Party Congress was the first to be open to
foreign journalists and to permit live coverage on Chinese
television. However, after initially allowing foreign
journalists into Tibet to cover the demonstrations in Lhasa in
September and October, the Government ordered them out on the
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basis of a reinterpretation of existing foreign press
regulations. This reinforced an atmosphere of concern among
foreign journalists following the 1987 expulsions of Agence
France Presse reporter Lawrence Macdonald and a Kyodo
correspondent, and the 1986 expulsion of New York Times
reporter John Burns.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly and
association; in practice, however, the authorities
circumscribe these rights. In December 1986, the Beijing
municipal government enacted new regulations circumscribing
residents' rights to participate in marches and demonstrations
by requiring application in advance and proscribing certain
areas .
China has a wide variety and increasing number of professional
and other mass associations, such as the All-China Youth
Federation, the All-China Women's Federation, the Chinese
Writers' Association, and the All-China Sports Federation.
These groups operate under party control. The authorities
attempt to suppress or coopt groups which attempt to function
independently.
China's trade unions are closely controlled by the CCP. The
All-China Federation of Trade Unions (ACFTU) is now drafting a
new trade union law which reportedly will redefine the role of
trade unions in China. In the workplace, virtually all
state-sector Chinese workers--and about 75 percent of all
urban sector workers--belong to branches of the ACFTU.
Although not formally compulsory, membership in ACFTU is an
expected part of life in the institution to which a worker is
assigned. The ACFTU' s primary function is to serve the
State's interest by promoting labor discipline, enhancing
labor productivity, conducting political and ideological
indoctrination, and improving workers' educational and
technical skills. Unions also perform a variety of social and
welfare functions such as handling pensions and disability
benefits, and operating clubs, eating facilities, nurseries,
schools, and sanatoriums. While China remains unwilling to
permit collective bargaining, it instituted in late 1986 a
nationwide reform measure aimed at permitting workers to
negotiate individually for salaries. Under the new labor
contract system, which now covers about 6 million recently
hired workers and will cover all new entrants into state-
sector enterprises, a new employee can negotiate some terms,
particularly the term of employment. In practice, it is
mostly university graduates who are able to choose from among
several offers and to negotiate on salary and fringe benefits.
Chinese workers are not assured the right to strike, and only
a few "wildcat" job actions have come to the attention of
observers outside China. Included in the 1978 State
Constitution, the right to strike was omitted in the 1982
revision as well as in the 1983 Trade Union Constitution.
However, a trade union spokesman said in 1983 that this
omission did not necessarily mean that strikes were illegal.
He described a narrow range of circumstances (e.g., risks to
workers' safety) where strikes might be permitted for a brief
time. There are no known instances of strikes on such issues,
although there has been at least one instance of a strike over
opposition to wage reform by workers protesting the linking of
wages to productivity.
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In the last several years, the ACFTU has actively expanded its
international ties. Claiming to have contacts with trade
unions in over 120 countries or regions, the Federation has
stated its desire to establish links with foreign unions
regardless of their affiliation with the International
Confederation of Free Trade Unions, the Soviet-dominated World
Federation of Trade Unions, or other organizations. The ACFTU
conducts its busiest bilateral program with the Japanese labor
federations, Domei and Sohyo. Since China joined the
International Labor Organization (ILO) in 1983, an ACFTU
official has served as China's workers' delegate to that body.
This representative was elected to an alternate seat on the
ILO governing body in 1984. The ILO opened a regional office
in Beijing in January 1985. In September 1987, China agreed
to sign ILO Convention No. 159 on the vocational rehabilitation
and employment of disabled persons.
Since 1981 Workers' Congresses have been established in most
of China's large and medium-sized enterprises. Created in
principle to permit workers a role in enterprise management
and selection of plant officials, the Congresses have to date
been largely limited to social welfare issues. New regulations
enumerating the role of Workers' Congresses were published in
January 1987, and passage of a controversial national
bankruptcy law was held up in part to assure adequate
involvement of Workers' Congresses in the decisions about
plant reorganization or closure. Some 60 labor laws are now
in effect in China. Under labor reform regulations enacted in
October 1986, every enterprise must establish a "Workers'
Council" to represent workers' interests. As a practical
matter, factory managers usually find it expedient to
cooperate with Workers' Councils to ensure that workers
actively support factory policy.
c. Freedom of Religion
Reversing Cultural Revolution-era attempts to eliminate all
religious practice, China's reformist leadership initiated a
policy of limited religious toleration in 1978. According to
official statements, the Government's current policy towards
religion rests on the assumption that "it will take patient,
meticulous, and repeated education over a long period of time
to weaken religion's influence. Religion cannot be completely
abolished until the future, upon the attainment of a certain
stage in the development of Communist society."
The Constitution protects freedom of religous belief and
specifies that no organization or person may compel citizens
to believe or disbelieve in religion or discriminate against
them because of religious preference. The Constitution also
provides that religious bodies must not be subject to foreign
domination. In the past, this provision has been directed at
the Catholic Church, but following the September and October
disturbances in Lhasa the Chinese authorities have focused
renewed attention on the Dalai Lama's influence on the Tibetan
Buddhist community. In addition to these provisions, official
policy forbids religious proselytizing other than at places of
worship or believers' homes. The Government seeks to prevent
the conversion of those under 18 years of age. Government
officials acknowledge that this is current policy, though they
assert that the policy is only loosely implemented.
The authorities have required all religious bodies to
affiliate with eight national organizations representing
Christianity, Buddhism, Islam, and Daoism. Of the five
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Christian associations, two are Protestant and three are
Catholic. Together, these five associations, with different
functional responsibilities but overlapping leaderships,
constitute the officially sanctioned national Protestant and
Catholic churches. Although the Government required all
Protestant denominations to merge in the 1950 "s, congregations
and individuals may follow preferences on such matters as
forms of baptism. Since its separation from Rome 30 years
ago, the Chinese Catholic Church has developed its own
theology and doctrines. For example, it rejects papal
infallibility and supremacy, continues to conduct services in
Latin, and supports the State's policy on birth control,
provided Church-approved methods are used. These five
Christian associations and three organizations representing
the other religions exist to ensure that religious bodies
accept the leadership of the State and party.
VJithin the limits of official policy, religious activities
have expanded considerably in the last few years and appear to
have been noticeably strengthened in the last 2 years. Many
religious institutions which closed during the Cultural
Revolution have reopened. In 1987 there were over 30,000
churches, temples, monasteries, and mosques in service in the
country. Many Buddhist and Daoist temples have reopened,
often after restoration at government expense.
Restoration of Tibetan monasteries is continuing. Only a
fraction of the 2,700 monasteries open before the Chinese
suppression of the 1959 uprising were open in 1987.
Government officials state that there are more than 200
m.onasteries and over 700 sutra-reciting halls rebuilt and open
as places of vjorship for 14,000 officially recognized monks
and nuns and 400 living Buddhas. The Government plans to
reopen more than 200 additional monasteries by the turn of the
century. The Government imposes strict limits on the number
of monks permitted to live and study at Buddhist temples.
Since 1981 the authorities have permitted the establishment of
seminaries to train a limited number of young people in
religious orders. The Chinese Catholic Church has 10
seminaries in operacion. Tne Protestant church also operates
10 seminaries, including its National Theological Institute in
Nanjing. The Islamic Association runs nine institutes
throughout China to train imams and Islamic scholars. The
Buddhist Association has approximately 20 institutes
nationwide, including facilities in Beijing, Suzhou, Nanjing,
and Lhasa. In addition to these major institutes, individual
mosques and temples run their own small education and training
programs. The religious associations sponsor a variety of
publications for believers, including scriptures, teaching
material, theological journals, and hymn books. Since 1980,
for example, the Protestant China Christian Council has
printed and distributed well over 1 million Bibles. Religious
publications are printed in all languages having religious
significance in China. In addition to appropriating funds for
extensive renovation of temples, the Govern.Tient provides other
forms of financial support for religious bodies (e.g., tax
exemptions for rental income and cash subsidies to Muslims for
observance of dietary law) .
The number of Christians has increased since 1978, with an
official estimate of 3 million Catholics and almost 4 million
Protestants in 1987. Officials state that there are 15
million actively practicing Muslims, and there are well in
excess of 10 million practitioners of Buddhism. Daoist
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believers run into millions at a minimum. A pressing shortage
of priests, ministers, monks, and imams exists because the
older generation of religious leaders is dying off, and the
Government limits the number of new clergy. Officials assert
that there are a sufficient number of places of worship for
all religious believers.
Even though there has been an undeniable increase in the
exercise of religious freedom in recent years, the authorities
still react harshly to unsanctioned religious activity.
Officials have repeatedly stressed that while it is government
policy to protect "normal" religious practice, the Government
will not tolerate "counterrevolutionary sabotage perpetrated
in the name of religion." A case in point is the imprisonment
of Catholic priests in 1981-82 for refusing to relinquish
their ties to the Vatican and to acknowledge the Catholic
Patriotic Association. Although several priests reportedly
remain in jail. Bishop Gong Pinmei (Ignatius Kung) was
released from prison in 1985 and released from parole with
full political rights restored in early January 1988. A more
recent example is the imposition of tight security in Lhasa
following disturbances which drew the active participation of
Buddhist monks. The Government placed security personnel in
the major temples in Lhasa after the October 1 riot occurred.
There also are reports that public security authorities have
harassed Christians who prefer to worship outside the
officially recognized "patriotic" church system in what are
termed "underground churches." The issue with regard to the
underground church is the degree of state control of Christian
religious organizations; Beijing will permit only limited
freedom from its strict control over the churches in China.
As one religious observer put it, "the cage may be wider, but
it is still a cage."
In 1983 the NFC Standing Committee authorized the death
penalty for those organizing secret sects which spread "feudal
and superstitious ideas." This provision appears to be aimed
at traditional animist and cult practices or criminal activity
rather than at mainstream religious activities.
Because of concern over divided loyalties, the authorities
carefully monitor and control contacts between Chinese and
foreign religious organizations through the national-level
religious associations. Even so, the Government has
encouraged Chinese religious leaders to participate in
international exchange activities. Such international
religious contacts have continued in 1987. For example, the
Auxiliary Bishop of Shanghai Jin Luxian traveled to France for
unofficial talks with French church officials in May 1987.
Jin, who was arrested when Beijing broke with the Vatican in
the 1950 's, joined the state-sponsored church 2 years ago.
In order to gain support from important minority groups and
create good will with Islamic nations, China resumed giving
permission to Muslim citizens to make the hajj in 1979. Since
1985 over 2,000 Chinese have journeyed to Mecca every year.
In addition, there are indications that Chinese religious
organizations may be permitted to receive funds or gifts from
foreign religious organizations, if no strings are perceived
to be attached.
The Government insists, however, that the country's religious
bodies must be independent of foreign control and warns
against foreign attempts to interfere in Chinese religious
affairs. The Government prohibits missionaries from
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practicing among Chinese citizens but has allowed some foreign
clergymen to enter for brief periods to serve the resident
foreign community. Before he canceled his trip for medical
reasons, the Reverend Billy Graham was scheduled to preach and
speak publicly in China in the fall of 1987. Foreigners with
acknowledged ties to overseas religious institutions are
permitted to work in China, often as English teachers,
provided that they do not engage in open proselytizing. The
Government seems to be willing to overlook minor infractions
of this injunction, although those who have tested the limits
of the Government's toleration in this regard have sparked
official reaction (including denial of permission to extend a
person's period of residence in China in one case).
The authorities' concern over alleged foreign interference has
been directed at the Vatican in the past, in part due to the
Vatican's continued diplomatic ties to Taiwan. Chinese
priests who publicly maintain their loyalty to the Pope are
subject to arrest and imprisonment. In addition, the Chinese
are disturbed by the Dalai Lama's political activity with
regard to Tibetan independence. The Tibetan people's deep
reverence for the Dalai Lama as a religious leader is
tolerated in China, but individuals risk charges under the
"special provisions" of the criminal law (crimes of
counterrevolution and crimes of endangering the public
security) if they participate in activities deemed to be
politically motivated. The Tibetan exile comnmnity's
religious ties to Tibetans in China are reportedly even more
closely monitored by the Chinese authorities as a result of
Chinese suspicion of the exiles' involvement in the September
and October unrest in Lhasa.
d. Freedom of Movement Within the Country, Foreign
Tra-zel, Emigration, and Repatriation
Various formal and informal restrictions govern travel within
China. Chinese citizens must have a written letter of
introduction from their work unit to buy airplane tickets,
secure hotel accommodations, or acquire ration coupons for
purchase of basic food items in areas oatside their places of
residence. Those traveling by rail who plan to stay v/ith
relatives need not obtain letters of introduction but are
still legally required to register with local police during
their visits. In practice, however, many Chinese do not
comply. With their higher income levels (particularly in the
countryside), Chinese are traveling mote frequently within the
country, often ignoring bureaucratic requirements without much
difficulty. For instance, availability of grain and other
food in free markets, combined with larger monetary incomes,
means that lack of ration coupons no longer presents an
effective barrier to travel. This increased mobility was no
doubt one reason why the authorities announced in April 1985
the adoption of the country's first nationwide identity-card
system. The plan has not yet been implemented, though some
areas have issued cards on a trial basis.
Chinese citizens cannot freely change their locality of
residence or workplace. They are registered as residents of a
particular jurisdiction. The authorities normally grant
permission to move to another locality only for a change in
e^Tiployment . Rigid personnel policies, most notably the
unwillingness of units to sanction an employee's transfer,
make it difficult to change jobs. However, the widening
application of the labor contract system and accompanying
pension reforms will increase labor mobility.
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The contracts generally will run for 3 to 5 years, after which
both parties may decide whether to renew. This will not
immediately affect workers employed before October 1, 1986,
who will continue to "enjoy" lifetime employment, without a
stipulated right to change jobs. The authorities have called
for and have taken steps towards reform of the personnel
system, aiming at greater mobility among scientists,
technicians, and certain other professionals. As part of
efforts to develop commerce and industry in rural areas, the
State Council issued a circular in 1984 which authorized
peasants to establish businesses in rural towns. Significant
numbers of farmers are moving into small and medium-sized
cities. Strict policies discouraging rural migration to large
cities continue. It is also difficult for urban residents to
move to other cities. Nevertheless, large numbers of
unregistered people reside in China's biggest cities, with
estimates of as many as 1 million in Shanghai and 700,000 in
Bei j ing .
With the relaxation of controls on foreign travel and
emigration since the late 1970's, tens of thousands of Chinese
now go overseas every year to study, conduct business, or
visit relatives. In November 1985, the Standing Committee of
the NPC passed the "citizen's exit and entry control law,"
which went into effect on February 1, 1986. The law provides
for exit for personal reasons and denies exit to those
involved in criminal or civil cases or those whose exit may
harm China's national security or interests. China relaxed
restrictions on internal travel by foreigners by increasing
the number of areas open to foreign visitors without special
permission. Although 474 cities or counties are open to
visitors at present, large portions of China remain officially
closed.
China does not revoke the citizenship of political dissidents
and is not known to have exiled any dissidents. The
authorities have welcomed the return of Chinese who had fled
their homeland earlier, the vast majority of whom are either
residents of Hong Kong and Macao or "overseas" Chinese,
including some former refugees. More than 285,000 refugees
and displaced persons from Vietnam and Laos have resettled in
China since 1978, most of them ethnic Chinese or persons
married to ethnic Chinese. In the summer of 1987, more than
7,000 ethnic Chinese, nearly all refugees from Vietnam in the
late 1970's and early 1980's, left southern China. Apparently
discontented with conditions (primarily economic) on the state
farms where they had been resettled, they took to small boats
and landed in Hong Kong. The Hong Kong authorities sent them
back to China, where officials promised that these attempts to
emigrate would bring no reprisals. Ethnic Vietnamese refugees
in China number a few hundred, housed in camps near the
Vietnamese border. They have few opportunities for jobs or
education, and some Chinese officials have said that their
resettlement in China is discouraged.
China has also resettled over 2,000 ethnic Chinese permanent
residents of the Mongolian People's Republic since 1983,
following their expulsion by the Mongolian Government.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Chinese political leadership is chosen by the CCP, which
is the paramount source of political authority in the
country. Ordinary citizens have virtually no possibility to
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effect changes in the leadership or the Marxist-Leninist
system of government. Within the party, a group of top
leaders in several key organizations, including the Politburo
and its five-member Standing Committee, the Military
Commission, and the Secretariat share power. Under the
doctrine of "democratic centralism," leaders at the top, after
consultation within the party, make policy decisions which all
party members are expected to support. Political debate and
disagreement usually take place only before a decision is
made; once announced, all party members are expected to follow
the party line. Nevertheless, there are means by which party
members and others can debate established policies. These
include the presentation of alternate points of view or
criticism in the party-controlled press, the use of academic
journals to present differing interpretations of supposedly
theoretical matters, selective enforcement of policies,
exploitation of policy ambiguities, manipulation of news
coverage, and informal and unpublicized debate at party and
government meetings.
Student demonstrations in December 1986 and January 1987 in
several Chinese cities including Beijing, Shanghai, Nanjing,
and Tianjin called for greater democracy, including more
participation in local elections, multicandidate slates, and
open discussion of political development through wall posters
and in the media. The Government responded to this outpouring
of upwards of 50,000 students with restraint. Authorities
generally avoided repressive policies; the limited numbers of
activists arrested were identified as "nonstudents . "
Despite the ensuing ideological chill and subsequent party
disciplinary action against intellectuals as part of the
ant ibourgeois liberalization campaign, the political
environment was considerably more relaxed by the late summer
of 1987 in anticipation of the 13th Party Congress. Political
reforms announced at the Congress aim to establish a stable
political system capable of sustaining continued robust
economic reform. During his opening speech to the Congress,
Zhao Ziyang said that it is "necessary to respect the will of
the voters and ensure that they have more options in
elections." He also said that the long-term guiding
principles for China include building "democracy" on the basis
of stability and unity. These reforms, both economic and
political, have an obvious limit: one must support the
policies of the CCP.
Over the past 6 years, the CCP has promoted a modest
rejuvenation of eight "democratic" parties (formed before
1949) as agents of its "united front" policy. Admittedly
subservient to the CCP, the parties function as channels
through which the authorities seek to mobilize support among
the various constituencies the parties claim to represent:
intellectuals, former industrialists, returned overseas
Chinese, former Kuomintang (Nationalist Party, the dominant
party of Taiwan) military and civilian officials, and
Taiwanese living on the mainland. As part of its efforts to
give more visibility to these parties, the CCP increased their
representation in the NPC and at the Chinese People's
Political Consultative Conference in 1983, and they have been
allowed to reestablish party newspapers and to recruit new
members. Although the CCP periodically consults with the
representatives of these minor parties on important issues,
the parties, whose memberships total 239,000 and whose leaders
are aged, have little effect on fundamental national policy
issues .
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CHINA
The NPC meets once a year for about 2 weeks to debate and
approve government policies and personnel changes determined
in advance by the CCP. The NPC rarely rejects proposed
government policies, although some have been modified as a
result of delegates' concerns expressed behind the scenes.
More important than the NPC as a whole is its Standing
Committee, which meets several times a year and has the power
to approve laws. In 1986 the Standing Committee twice declined
to pass a draft bankruptcy law proposed by the State Council,
despite amendments and a last-minute plea by supporters for
its adoption. This refusal to act occasioned unusual--though
brief--press mention of the names of persons on each side of
the debate. The law, in modified form, eventually passed
toward the end of the year. Similar, though less publicized,
cases have also occurred.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no known organizations within China which monitor or
comment on human rights conditions. Several legal journals
do, however, discuss questions having to do with the rights of
the accused and of convicted prisoners. The Chinese regard
their human rights record as an internal matter and generally
concede no justification for foreign concern about it. In the
past, Chinese authorities have not responded even to factual
questions on particular cases such as the imprisoned Catholic
priests. In October 1986, however, officials did provide
information in answer to a U.S. Embassy inquiry regarding
certain of these priests and others thought to be "political
prisoners," and an official spokesman responded in late 1987
to a press inquiry concerning an alleged Tibetan prisoner of
conscience. Chinese officials have been willing to meet with
U.S. government officials and members of professional groups
to discuss birth control policies, have provided increasing
amounts of statistical data, and have facilitated visits to
localities. China participates in the United Nations Human
Rights Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution endorses the principle that all citizens are
equal. In the socioeconomic realm as in politics, however,
women lag behind men despite progress in recent years-. Female
participation in the labor force has increased rapidly in the
last few years, reaching 43.7 percent of total workers and
staff in 1986, compared to 7.5 percent in 1950 and 36.4 percent
in 1984. At the end of 1986, women accounted for 36.6 percent
of the urban work force, but women are still concentrated in
the lower paying and less prestigious jobs. The United Nations
Development Fund for Women presented an award to China in
October 1987 for promoting women's role in economic
development .
Although growth rates for the number of women in state
positions, including scientific, engineering, and technical
fields, have been higher for women than men since 1978,
problems persist. At the end of 1987, 61.5 percent of youth
"waiting for jobs" (i.e., unemployed) were women, up 1.3
percent from the previous year. In rural areas, where most
women participate in agricultural production, underemployment
is a serious problem. Women do not seem to have turned to
nonagricultural activities in the countryside (e.g..
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transportation or rural industry) in the same numbers as men,
tending to stay with traditional occupations in the fields and
homes .
Women have scored few breakthroughs in the male-dominated
political establishment. In late 1987, none of the 17 members
of the Politburo was female. In 1986 just 3 women served
among the 45 ministers and commission directors in the
Government. Twenty-eight and one-half percent of government
cadres were women. About 20 percent of NPC delegates were
female. One woman served as a provincial Governor and one as
a provincial Party Secretary. Of the delegates to the 13th
Party Congress in October 1987, 14.9 percent were women.
Regarding women's education, a 1986 survey of 8,000 large and
medium-sized enterprises showed that of 6 million women
workers and staff, 4.5 percent had university educations, 82.1
percent had graduated from middle school, 12.2 percent had
primary school educations, and 1.2 percent were illiterate.
In the July 1987 college entrance examinations, there were
1,414,000 male participants and 861,000 female participants.
Currently, approximately 28 percent of the students in
universities across China are female. Of the 200 million
illiterates in China, 70 percent are reportedly women.
The party has taken a more liberal approach to minority policy
since 1980. Minorities benefit from special treatment in
marriage and family planning, employment, and university
admission. Most of China's ethnic minorities live in one of
the country's five Autonomous Regions, 32 Autonomous
Prefectures, or 104 Autonomous Counties. The autonomous areas
are now governed by the "Law on Regional Autonomy for
Minorities" which went into effect in 1984. This law, like
the Constitution, provides that government heads of Autonomous
Regions, Prefectures, or Counties must be members of the
locally prevalent minority. Although vague on the
implementation of rights to political autonomy for minority
areas, the law clearly sets forth rights to preserve and
develop local minorities' cultural traditions, use local
minorities' languages, and practice local minorities' religion
within the autonomous areas. CCP policy is to increase
minority representation in the Government and party in
minority areas to levels reflecting the minority's share of
the population, and to assign senior positions to minority
persons. Minorities, effectively shut out from all but a few
leadership positions in the Government and party, complain of
discrimination by the Han majority, however, and there can be
little doubt that key decisionmaking positions in the
Autonomous Regions (e.g., of party secretaries) will continue
to be held by Han Chinese. The standards of living of the
vast majority of these minorities in China remain
substantially below that of most Han Chinese.
Uygur students demonstrated on minority issues in Urumqi,
Beijing, and Shanghai in December 1985. Tibetans demonstrated
and rioted in September and October of 1987, protesting Han
domination of their political and religious lives.
These incidents in Lhasa were only the most recent venting of
intensely felt alienation by the distinctive and devoutly
religious Tibetan people. A large proportion of the Tibetan
population strongly resents the economic and political
dominance and military presence of the Han Chinese. According
to official Chinese figures, Han Chinese constitute about 3
percent of the population in the Tibetan Autonomous Region
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CHINA
(excluding the military), yet 40 percent of all government
cadre are Han, 40 percent of regional department heads are
Han, 38 percent of university students are Han, and 60 percent
of factory managers are Han. The authorities have declared
that the liberalization of political, economic, and social
policies towards Tibet which has been under way since 1980
will continue despite the recent violence which left at least
seven dead and scores injured.
Tibetans in China still hope for the return of the Dalai Lama,
but there remains a wide gap between the Dalai Lama and
Beijing as to the conditions under which his return might be
effected. In recent years, the Government has relaxed travel
restrictions, allowing thousands of Tibetans to go to India to
see the Dalai Lama and hundreds of exiles to return home to
visit. The Government's declared policy aims at the steady
acceptance of all minorities, including Tibetans, into the
mainstream of China's political, economic, and social
institutions. In the case of Tibet, this policy is motivated
in political terms by a desire to strengthen social stability
in a large, sensitive border region with a long history of de
facto autonomy. In 1987, as earlier, Beijing made it clear
that it will not tolerate a Tibetan independence movement, and
that the unity of the PRC takes unquestioned precedence over
the liberalized policy towards minorities.
Each person's "class background" is a matter of record and in
the past has strongly influenced educational job opportunities.
However, severe social and other discrimination against former
opponents of the CCP, intellectual critics of Party leadership,
former capitalists, and the children of members of these groups
has been significantly curtailed in recent years.
CONDITIONS OF LABOR
Although no national legislation exists to establish a minimum
age for employment, state enterprises restrict employment
opportunities for anyone who has not completed high school or
lacks equivalent certification. In June 1987, the Shanghai
municipal government passed the first local law in China
prohibiting employment of youths under 18 in various sectors.
The "Regulations Regarding the Protection of Youth," which
became effective October 1, prohibit any organization or
individual from employing youths who should be participating
in the compulsory 9 years of education. The educational
authorities are trying to ensure that minimum standards are
maintained in implementing this program. The NPC and the
Chinese People's Political Consultative Conference are
considering national legislation aimed at closing off
full-time employment opportunities for those who have not
completed 9 years of school. The growth of lightly regulated
private and collective rural industry is a factor running
counter to attempts to insure 9 years schooling for all.
Young semiskilled and unskilled workers compete vigorously for
the rural industry jobs, thus causing vacancies in traditional
agricultural work which are often filled by teenagers.
Conditions of work vary widely. In some impoverished areas,
long, toilsome hours do not return even a bare living, and
subsidies are required for survival. Employment standards in
the countryside are difficult to monitor and considerably more
lax than in urban areas. Schools try to schedule some sort of
"productive" activity as part of the curriculum, and children
in rural areas often help out in agricultural activities.
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CHINA
Safety issues have figured prominently in bilateral contacts
and agreements in nuclear power, mine safety, rail development,
and civil aviation. In 1986 the Chinese approved legislation
which required that a safety and health delegate be appointed
to every production unit. The ILO has established a training
program for these delegates.
In terms of the legal structure for maintaining minimum
conditions for the protection of safety and health of workers,
China's procurators dealt with 3,642 cases of criminal
negligence and 4,140 accidents involving criminal or civil
liability between January 1985 and June 1987.
China appears to be making a concerted effort to improve
safety standards in some sectors of the economy, but
antiquated equipment and technology (substandard in terms of
safety) and the impetus for greater efficiency in accordance
with China's determination to achieve economic reform goals
work against this trend towards greater government attention
to safety standards and medical, retirement, and unemployment
benefits.
China is considering reforms to reduce the average workweek to
40 hours from the current official 48-hour workweek.
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TAIWAN
In 1987 Taiwan undertook a major effort to reform its political
system after four decades of martial law. This effort and
proposals for further change are extensive, touching upon the
rights of persons to assemble, organize, and express themselves
freely. Fundamental issues concerning the structure of the
legislative system and political representation are being
addressed, and restrictions on travel to and from Taiwan are
being eased.
While Taiwan's polity is still dominated by the Nationalist
Party (the Kuomintang or KMT) in a highly authoritarian
system, the authorities exhibited greater flexibility in
dealing with the political opposition during 1987. For the
first time since 1949, the authorities in 1986 allowed an
authentic political party, the Democratic Progressive Party
(DPP), to be formed. Although the DPP is not legally
recognized by the authorities, the KMT has opened direct
communications with it within the Legislative Yuan (the
central legislative body) to discuss legislative issues. In
1987 DPP and KMT legislators openly disagreed with Executive
Yuan (cabinet) positions on fundamental policy issues and more
closely scrutinized and influenced proposals submitted by the
authorities .
The atmosphere of political liberalization was also manifested
by a series of prisoner releases, in which 58 political
prisoners were freed in 1987. Martial law, in effect since
1949, was lifted on July 15, and, under the provisions of the
newly enacted National Security Law, civilians are no longer
tried by military courts. The authorities have announced
plans to revise the conditions under which persons in Taiwan
may publicly assemble or demonstrate, organize political
parties, strike, reprint mainland China publications, and
publish newspapers. The 1979 ban on direct tourist travel
from Taiwan to Hong Kong and Macau was lifted, and many
overseas Taiwanese political dissidents previously denied
reentry to the island are now being permitted to return.
Prohibitions have been eased on personal travel to the China
mainland .
This process of reform and transition, both actual and
planned, has been recognized both internationally and in
Taiwan as a step toward political pluralism in a society which
already enjoys a free market economy. Demographically , native
Taiwanese, descendants of Chinese who migrated from the
mainland primarily in the 17th and 18th centuries, dominate
the private economy. They now constitute more than 80 percent
of the population but still are under represented at the upper
levels of the ruling elite. Although the authorities continue
to recruit increasing numbers of Taiwanese to fill important
economic, political, military, and security posts,
dissatisfaction of many in Taiwan with mainlander predominance
has fueled the demands for more representative government.
Controls over media programming and the educational system
limit the broadcast and teaching of the Taiwanese dialect.
Mainlanders complain they themselves face discrimination in
the private sector. Native Taiwanese-held companies often do
restrict or disallow hiring Chinese of mainland origin.
Though the legislature is more vigorous than heretofore,
Taiwan's central parliamentary bodies still remain constituted
under a representational formula which assures continued KMT
control. Restrictions on campaign activities favor KMT
incumbents. The offices of Taiwan provincial governor and
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TAIWAN
mayor in Taipei and Kaohsiung remain appointive. While the
KMT has committed itself to revising the formula for
legislative representation, a formal proposal has yet to be
tabled. Although there has been more tolerance of political
criticism in publications, occasional confiscations or bans
underscore the authorities' continued restrictive powers over
the press. Local and international human rights groups also
criticize other conditions they believe limit or violate human
rights such as the authorities' continued control of the
judiciary, mass media, labor, and professional groups.
Finally, abuses are still sometimes committed in the
interrogation and prosecution of suspects.
In 1987 Taiwan authorities took, or developed plans for, steps
to deal with a wide range of issues related to individual
freedoms.. Many of these reform initiatives are still being
debated, and much uncertainty remains as to what the final
results will be.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of killings for political reasons.
b. Disappearance
There were no reports of persons being abducted or secretly
arrested by the authorities.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Taiwan law specifically prohibits the use of torture. There
are credible reports, however, that individual members of the
police or security forces resort at times to physical violence
and torture in interrogating suspects. The authorities have
been criticized in the Legislative Yuan and in the Provincial
Assembly for using electric prods and other devices of torture
in the questioning of criminal suspects and during their
imprisonment. Deaths of persons in police custody have been
reported, and five police investigators have been charged by
the authorities with using water torture, beatings, or
electric shock during interrogations.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The police legally may arrest without a warrant anyone they
suspect of committing a crime for which the punishment would
be 5 years or more in prison and may call in suspects or
witnesses for questioning without a formal summons. Critics
in the legal establishment, the press, and the legislature
point out that these procedures sometimes lead to abuses.
Suspects called in for questioning by the police are sometimes
arrested after questioning without a warrant.
Taiwan law requires that within 24 hours after an arrest, the
arresting authorities must give notice in writing to the
arrested person and his designated relative or friend, stating
the reason for the arrest or detention. The Code of Criminal
Procedure specifies that the authorities may detain an accused
person for up to 2 months during the investigative phase prior
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TAIWAN
to the filing of a formal indictment, and for up to 3 months
during the trial. Furthermore, during the investigative
phase, the prosecuting officer may apply to the court for one
extension of 2 months. The period of detention may also be
extended during the trial. In recent cases, the authorities
generally have followed these procedures and extended the
periods of detention. Persons indicted for relatively minor
criminal offenses can be released on bail at the judge's
discretion .
Suspects are guaranteed the right to have a lawyer present
during the investigative phase. The Taipei Bar Association
has complained, however, that defense lawyers are sometimes
barred by prosecutors from visiting their clients during this
phase and that suspects often are not advised of their right
to have legal representation during police interrogation.
In July 1985, the Legislative Yuan passed the "antihoodlum"
law, which accords police authorities broad powers, including
the power to determine whether a person should be designated
as a hoodlum. The civil courts confirm or deny police
requests to remand alleged hoodlums for reformatory education.
The reformatory facilities, however, remain under the
jurisdiction of the military, and the law does not authorize
the courts to determine the length of such education. The
duration of reformatory education therefore is determined by
the military; it may range from 1 to 5 years. Alleged
hoodlums can be held incommunicado without legal
representation, and their families need not be notified of
their arrests.
Similarly, a 1984 executive decree permits the jailing of
persons suspected of criminal activity; unlike the 1985 law,
the 1984 decree did not set time limits on the period of
incarceration for those arrested. Many prisoners arrested and
jailed under the provisions of the 1984 decree are still
imprisoned with no determinate sentence. There are reported
to be approximately 2,000 persons arrested under the 1985 law
and the 1984 decree currently in Taiwan jails. The Ministry
of Justice decided to transfer these inmates to civilian
prisons after the outbreak of protests and rioting in late
1987.
Many minor crimes on Taiwan are handled under a statute which
empowers the police not only to arrest but also to prosecute
and punish offenders. The provisions of the statute empower
the police to impose and carry out sentences of up to 2 weeks'
imprisonment. Despite the 1980 opinion of the Council of
Grand Justices (theoretically empowered to decide
constitutional issues) that the statute is unconstitutional,
it continues to be widely used.
Taiwan does not allow forced or compulsory labor, and there
have been no reports of the practice. However, compulsory
prison labor has been required for many years. Taiwan law
considers prison labor desirable, and 6 to 12 hours of daily
work is required, except in cases where a person's physical or
mental condition does not permit it. Compulsory labor is also
required of military prisoners.
e. Denial of Fair Public Trial
Taiwan's legal system is based on European and Japanese models
and does not provide for trial by jury. Informed observers
characterize the judiciary as not fully independent and
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TAIWAN
susceptible to pressure from the authorities, on whom judges
depend for desirable assignments and career advancement.
In 1987 the courts tried a number of political activists on
charges of disturbing the peace or interfering with official
duties. With regard to these cases, both the opposition and
some independent observers have raised doubts about the
application of the law and impartiality of the judiciary.
Since the lifting of martial law on July 15, civilians may no
longer be tried in military courts. Trials, including those
held in military courts, are public, but attendance at trials
involving juveniles or persons considered politically
sensitive may require permission from the court. Defendants
have a right to an attorney, at public expense if needed.
In a typical criminal court case, parties and witnesses are
interrogated by a single judge but not by a lawyer or
prosecutor. The judge may decline to hear witnesses or to
consider evidence a party wishes to submit. Civil and
criminal law specifically provide the defendant with
protection from self-incrimination.
Court cases generally are heard through several brief court
sessions, often separated by weeks or months. Persons
convicted in civilian court cases where the sentence exceeds 3
years have a right to review by the Supreme Court. The Supreme
Court limits its review to the law of the case and to specific
procedural aspects. The new National Security Law stipulates,
contrary to provisions in the original martial law decrees,
that convictions under martial law cannot be appealed in the
postmartial law period. Human rights groups have criticized
the lack of impartiality of military court judges and have
reported instances in which persons received martial law
sentences for engaging in peaceful political activity.
Prosecutors and judges are allowed to switch roles pending the
approval of a special committee of the Judicial and Executive
Yuan representatives. Attorneys complain that this practice
weakens the independence of the judiciary. Furthermore,
judicial decisions must be approved by higher court
authorities before they are pronounced. Observers of the
court system say this dilutes the authority of judges and
tempts outside interference with the judicial process. A
review of judicial procedures recently initiated by the
authorities has proposed abolishing this practice.
Although the authorities deny holding political prisoners,
critics of the regime have estimated that there remain about
30 political prisoners, reduced from an estimated 90 to 100 in
1986. While civilians can no longer be tried by military
courts for sedition, sedition remains a crime subject to
normal civilian criminal procedures. It has been interpreted
to include expressing Communist sympathies, espousing views
contrary to the authorities' claim to represent all of China,
and supporting an independent legal status for Taiwan.
In 1987 the authorities decided to grant early releases to
many political prisoners. Of the eight persons convicted by
military courts of sedition in 1980 for their role in the 1979
Kaohsiung Human Rights Day rally, all but one have been
released. Since January 1987, approximately 50 other
political prisoners serving sentences for sedition or other
crimes under martial law have been released.
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TAIWAN
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The daily life of a person not actively engaged in politics is
subject only to minor interference by the authorities. The
authorities impose limits on the use of the Taiwanese dialect
(the mother tongue of most inhabitants of Taiwan) on television
and radio. The authorities do not interfere with basic family
matters such as the right to marry or have children as one
chooses. Membership in the KMT, the dominant political
organization, is technically a matter of free choice. Party
membership, however, is considered an unwritten requirement
for advancement in the military, the government, and academia.
Physical invasion of the home without a warrant, while not
common, does occur. As noted in Section l.d., the Code of
Criminal Procedure generally requires that searches be
authorized by warrants, signed by a prosecutor or, during a
trial, by a judge. However, exceptions to this rule have
increased substantially, following the July 1982 revision of
the Code to provide for warrantless arrests under certain
circumstances. When making such arrests, police also may
search persons or property without prior authorization. Other
types of violations of privacy, such as the monitoring of
telephone calls, are believed to occur. The authorities deny
monitoring telephone conversations. In July 1982, the
authorities instituted "selective postal checks," supposedly
to intercept parcel bombs and correspondence from the People's
Republic of China (PRC) .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press are assured by the Constitution,
but statutory restrictions significantly limit these rights.
Security authorities monitor political expression, both in
Taiwan and overseas. People have not been free publicly to
question the regime's basic political policy of anticomjnunism
or its claim to sovereignty over all of China. Those speaking
favorably of communism or the People's Republic of China, or
who question the legitimacy of Taiwan's mainlander authorities
by suggesting support for "Taiwan independence," could expect
to be warned and, if they did not desist, to be charged with
sedition. With the July 15 lifting of martial law, regime
critics have been emboldened to raise previously taboo
political subjects publicly, including "Taiwan independence."
The authorities have repeated warnings that advocacy of Taiwan
independence cannot be tolerated. While many public speeches
and articles favoring independence have gone unpunished, in
one case two leaders of a political prisoners' association,
Tsai Yu-chuan and Hsu Tsao-teh, were arrested and charged with
sedition for proposing that language supporting Taiwan's
independence be incorporated in the association's charter.
The proposal was adopted, and the subsequent arrests of Tsai
and Hsu have become a concern of human rights groups in Taiwan
and elsewhere.
The number of newspaper licenses is limited to 31, nearly all
owned by the authorities, the KMT, or senior KMT party
leaders. The size of each issue is also regulated, and
newspapers are not allowed to increase the number of pages
beyond the current maximum of 12. There are several smaller
privately owned and relatively independent newspapers. In
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TAIWAN
what may prove to be a significant move towards lifting press
controls, the ruling party in 1987 announced intentions to
lift the limits on the number of newspapers and loosen
restrictions on the number of pages by the beginning of 1988.
Censorship of publications is carried out through provisions
of the Publications Law, which empowers the police to seize or
ban printed material that commits or instigates others to
"commit sedition, treason, offenses of interference with the
lawful exercise of public functions or against public order."
In the past, this covered a wide range of topics, including
articles that discussed possible leadership changes, questioned
the legitimacy of KMT rule, criticized Taiwan's foreign policy,
or merely revealed behind-the-scenes news that was potentially
embarrassing to the leadership. Since the lifting of martial
law, however, publication bans have fallen off dramatically,
and even oppositionists agree that restrictions on content are
not being as strictly enforced.
Control over daily newspapers remains, however, and is often
exercised indirectly, through guidance from the Government
Information Office and the KMT. Newspapers and magazines
gradually have expanded their coverage of sensitive subjects,
such as news from the PRC and opposition activities and
views. However, the authorities at times have threatened
strong action when coverage of sensitive events displeased
them, as in the case of two Taiwan reporters who defied the
regime's ban on travel to the mainland to report openly on the
situation there. Upon their return to Taiwan, the authorities
moved to prosecute the two reporters and their newspaper's
director. Censorship of opposition periodicals continued in
1987, but fell off sharply after the lifting of martial law on
July 15. In 1985 about 75 percent of all issues were banned.
In 1986 virtually every issue of opposition magazines was
banned and forced underground. Although bans continued
through the first half of 1987, there was only one locally
published magazine banned by the authorities after martial law
was lifted. Monitoring of newsstand publications, however, is
reportedly continuing.
The authorities have begun to loosen restrictions on
dissemination of mainland publications. On August 27, the
Government Information Office announced the formation of
screening committees to consider applications for reprinting
mainland publications in Taiwan. The use of the mainland
system of simplified Chinese characters, however, remains
prohibited in Taiwan.
The authorities partially or wholly own all three of the
island's television stations. Television coverage of
sensitive political subjects is even more restricted than
coverage by the print media. Oppositionists charge that the
military and the governing authorities control or own 82
percent of the radio stations in Taiwan. Requests by
opposition politicians to open their own radio station have
been turned down by the authorities. The reason cited is that
there are no frequencies available.
Before the lifting of martial law, foreign publications also
were subject to censorship. Occasionally pages carrying
articles offensive to the authorities were removed or altered
before distribution. This practice, however, appears to be
diminishing. Longtime residents of Taiwan notice less
official interference with the free flow of international
news, particularly regarding Taiwan and the China mainland.
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TAIWAN
Delays in delivery of foreign magazines have occurred, however,
when articles or covers have displeased the authorities. In
one case, the September 14, 1987 issue of Newsweek was banned
for its cover story on Taiwan's mainland policy.
On university campuses, students have complained that campus
publications are censored by university administrators under
provisions of the University Law. Students have also protested
punishments, ranging from demerit points to expulsion, for
being too outspoken on certain issues. The same restrictions
apply to their teachers, and there have been reports of
pressures placed on teachers and even firings because of
extracurricular political activities. The University Law is
scheduled for liberalization, however, and is expected to be
taken up by the Legislative Yuan in 1988.
The security forces announced in 1986 that facsimile
transmission machines have been classified as restricted
telecommunication equipment. Since September 1, 1986, their
import or sale requires a license. The use of computer modems
is also controlled.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is assured by the Constitution. Until
July 15, however, when Martial Law ended, public assembly for
political purposes (except during election periods) was
legally circumscribed. Since the lifting of martial law,
political opponents have been permitted to hold public marches
after getting approval from the authorities. Under the
current University Law, student rights to assemble and to
organize island-wide associations are curtailed. The
legislature is currently considering a new law on assembly and
public demonstrations. The draft of this law does not allow
demonstrations at or near a number of government and military
sites and prohibits any demonstration which violates the
Constitution or advocates communism or Taiwan's separation
from China. It also details the requirements for registration
and approval of public derrionstrations .
The 1983 Election and Recall Law prohibits holding campaign
rallies in any form prior to the "authorized period", about 2
weeks before balloting. During the first half of the
authorized campaign period, all candidates are allowed to hold
rallies, although these are closely monitored by the
authorities. During the second half, campaigning has been
limited to highly structured, officially sponsored rallies in
which both KMT and opposition candidates participate. The Law
also limits joint rallies of two or more candidates only to
these officially sponsored rallies Opposition politicians
have been sharply and openly critical of these measures,
claiming they hinder their ability to reach the electorate.
Nevertheless, the opposition has been able to hold a number of
rallies, demonstrations, and lectures outside of the
authorized campaign period without official sanction.
Nonelection year political rallies have also been held
frequently in the past. Whereas the authorities had
previously attempted to discourage open-air rallies, it
appears that since 1986 this restriction has been eased.
During 1987 opposition politicians held numerous rallies
throughout the island without interference from the
authorities. Some of these rallies even have included public
debates between KMT and DPP elected officials.
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TAIWAN
In 1987, due to the lifting of restrictions formerly imposed
on labor under martial law and a concern for labor's potential
political role, the authorities moved to clarify Taiwan's
labor laws regarding workers' right to strike and to bargain
collectively. Changes to the labor laws are still under study
and are expected to be enacted early in 1988.
At the end of 1986, there were 1.72 million union members,
constituting approximately 33 percent of Taiwan's paid
employees. Collective bargaining is provided for under the
Collective Agreements Law. While some 260 collective
agreements were in effect in 1987, the right to strike is
seriously curtailed by involuntary mediation and arbitration
as well as by other legal provisions. While many of these
provisions are now being reviewed, under current laws and
practices meaningful collective bargaining does not exist in
the internationally recognized definition of the term. Union
organization in Taiwan is significantly restricted or
controlled by the authorities. Civil servants, teachers,
defense industry workers, and administrators acting on behalf
of employers are prohibited from organizing unions. These
employees particularly guard their political views for fear of
jeopardizing job benefits or having promotional opportunities
curtailed. In some cases, authorities have fired or threatened
to fire employees for their political views, or because of the
political views of a family member.
Unions traditionally have not been vigorous in Taiwan. Their
power is sharply curtailed by restrictions on walkouts and
strikes under current law. Although the authorities intend to
clarify the conditions under which workers may strike, it is
not clear how far the new law will go in liberalizing current
restrictions. Furthermore, most union leaders are members of
the ruling KMT, and party control over the labor movement
remains very strong. Unions focus primarily on employee
welfare and benefits rather than on higher salaries. Unions
do have an important role in monitoring compliance with labor
laws and educating workers as to their legal rights.
KMT control over labor unions, however, is not absolute. The
Chinese Federation of Labor, Taiwan's national labor
organization, maintains contact with the International
Confederation of Free Trade Unions and is on record as having
been critical of the ban on strikes when martial law was in
effect. In 1987 company workers sometimes rejected KMT or
management-endorsed union slates, and some strikes have, in
fact, taken place. Furthermore, workers of different companies
are for the first time banding together to establish emergency
funds in anticipation of future strikes or lawsuits. Strong
economic growth and a tight labor market are improving the
conditions of labor in Taiwan by way of market mechanisms.
c. Freedom of Religion
The Constitution provides for freedom to practice religion.
This provision is generally observed in practice. Most Taiwan
inhabitants adhere to Confucianism, Taoism, Buddhism, animism,
or a combination of these beliefs. Other religions include
Christianity and Islam. There is no established or favored
religion .
While generally respecting the right to practice religion, the
authorities have brought pressure to bear against religious
organizations they consider to be involved in unacceptable
political activity. This pressure eased somewhat in 1987.
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TAIWAN
The Presbyterian Church in Taiwan, whose approximately 210,000
members are predominantly Taiwanese, has been a prime target.
In early 1987, copies of the church's weekly newspaper were
confiscated and destroyed because of an article considered to
be politically sensitive. After church protests, however, the
authorities reprinted the issue, including the offending
article, and returned the copies to the church.
Presbyterian church leaders in self-exile abroad, who had been
denied entry to visit Taiwan for many years, were permitted to
return in 1987. During their visits, the authorities allowed
them to see whomever they wanted and did not interfere in
their travels. These church leaders even met with high
ranking KMT officials to voice encouragement and support for
the ruling party's continued democratization of Taiwan.
Many Presbyterian church members are actively involved in
opposition politics, and the church has voiced concern about
those facing criminal prosecution. National Assembly member
Hung Chi-chang, a Presbyterian, along with four other persons
(two of them oppositionists), are being tried for their part
in a June 12 public disturbance. Tsai Yu-chuan, a Presbyterian
minister, has been indicted for sedition in connection with
his alleged advocacy of Taiwan independence. The church
maintains that neither man espoused violence and supports the
right to free political expression.
Kaohsiung County authorities have been involved since 1980 in
a dispute with a denomination called the New Testament Church
over the right of church members to settle on a tract of
leased public land near Kaohsiung in southern Taiwan. The
conflict had led to physical evictions from the tract with
destruction of church members' homes and crops. In 1987 the
authorities made several conciliatory moves including
compensation for destroyed crops, access to a mountain these
church followers consider sacred, and allowing the listing of
the mountain on their identity papers.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for the freedom to change residence,
but registration of one's residence is required. Except for
military and other restricted areas, there is general freedom
of internal travel. An exit permit is required for travel
abroad. Emigration and private travel abroad have become
freer since 1979. A major development in 1987 was the
announcement that travel to the mainland to visit relatives
would henceforth be permitted. Although travel to the PRC,
other than to visit relatives, still is officially prohibited,
the authorities generally overlook discreet personal travel to
the mainland via other countries. Since 1980 businessmen have
been permitted to travel to and do business directly with
certain Eastern European countries.
Exit permits may be refused for a number of reasons. For
example, after the last calendar day of the year in which they
turn 15, males may not leave Taiwan until completion of
compulsory military service. Permission to leave Taiwan may
be delayed or withheld by police denial of an exit permit.
Under the implementing regulations of the 1987 National
Security Law, however, reasons for refusal must be given, and
appeals may be made to a special board. Although in the past
outspoken critics have been denied exit permits, in recent
years this has become less of a problem.
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TAIWAN
The authorities claim to recognize the right of those Chinese
who hold Taiwan passports, and who normally reside in Taiwan,
to return from abroad. Nonresident citizens, usually issued
"Overseas Chinese" passports, require visas to travel to
Taiwan. The authorities are suspicious of and will not
authorize the entry of Chinese between the ages of 16 and 75,
even those who have long held Taiwan passports, if they have
lived in Communist-controlled areas within the preceding 5
years .
A 1984 law authorizes the authorities to detain or revoke the
Taiwan passport of persons whose behavior violates the
interests of Taiwan, or endangers security, public order,
tradition, or Taiwan's economic interests. Critics of the law
state that it gives the authorities the power to revoke the
passport of any person who makes remarks overseas that are
deemed inimical to Taiwan's interests. They argue that this
places undue restriction on the opposition's right to travel
and to make its views known outside Taiwan. The authorities
say the measure is necessary to curb the activities of economic
criminals: tax evaders, persons engaged in illicit activities,
and those who have left large debts behind in Taiwan. This
law is not used frequently; however, there has been one widely
publicized application of the law involving a U.S. permanent
resident who tried, once in December 1986 and again in October
1987, to return to Taiwan. Despite the authorities' claim
that he was "wanted" in Taiwan for alleged seditious activity,
he was denied entry into Taiwan by the authorities.
Under Taiwan's "Orderly Departure Family Reunification
Program," since 1977 more than 5,670 ethnic Chinese from
Indochina have been resettled on Taiwan, and more than 2,000
persons who arrived from Indochina by small boats have been
granted "temporary" refuge. With the exception of 58 who
found sponsors and resettled on Taiwan, all of those arriving
by small boats have been resettled in third countries. More
than 100 are currently awaiting resettlement. The authorities
report that there have been no refugee cases from non-Communist
areas. They advise that any such instances would be dealt
with on a case-by-case basis. Refugees are not forced to
return to their country of origin.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Effective political power resides with the aging KMT
leadership, which fled the mainland in 1949 and which
continues to place significant restrictions on the right of
Taiwan's citizens to change their government. Reflecting
their claim to be the government of all of China, the
authorities maintain not only provincial and local government
systems but also an array of political bodies identical to
those found on the mainland prior to 1949. The locus of power
on Taiwan is the Presidency, the Executive Yuan, the military
and security apparatus, and the KMT Central Standing
Committee. This power is exercised by a small number of top
figures in these organizations, particularly by the President.
The number of Taiwanese in the Cabinet and the Central
Standing Committee gradually has been increasing, and they
comprise a significant force within these bodies. Three of
the 8 Ministers and 14 of the 31 KMT Central Standing Committee
members are Taiwanese. As representatives of the majority
population, their views form an important consideration as the
leadership decides on major policies. However, although
Taiwanese hold a number of high positions, including those of
690
TAIWAN
Vice President, Vice Premier, Ministers, Governor of Taiwan,
and Mayors of Taipei and Kaohsiung, their power individually,
and even their collective influence, is limited. Taiwanese
have greater effective power at the local level, where they
hold most of the executive and KMT party positions.
The most important elective bodies at the central level are
the Legislative Yuan, which is the Parliament, and the
National Assembly, which convenes every 6 years to elect the
President and Vice President. There have been no general
elections to these two bodies since 1948. Surviving mainland
representatives elected in 1948 continue to hold their seats
and to form the bulk of these bodies' memberships. Since 1969
periodic "supplementary elections" have been held to choose
additional representatives from Taiwan province and the
offshore islands (which are considered part of Fukien
province). Nevertheless, only 948 out of 2,691 seats of the
National Assembly are currently filled, including 84
supplemental members. Of the Legislative Yuan's current
membership of 315, the supplemental legislators number 73 and
constitute the most active group, due largely to the advanced
age and incapacity of those elected 39 years ago on the
mainland .
The nature of the elective bodies continues to spark calls by
both opposition and KMT politicians, academicians, journalists,
and legal experts for more representative institutions. The
authorities have been reluctant to adopt any measures that
might undercut the mandates of those parliamentarians who were
elected on the mainland in the late 1940's, as to do so could
call into question the authorities' claim that these bodies
represent all of China. However, a blue-ribbon group of KMT
Central Standing Committee members has been empowered to study
the issue of the rejuvenation of the central parliamentary
bodies, and it is reportedly considering methods of replacing
aging members through elections.
The central authorities appoint the Taiwan provincial Governor
and the Mayors of Taipei and Kaohsiung. Elections for the
Provincial Assembly and county and other municipal level
offices have been held regularly since 1950. Universal
suffrage exists for citizens 20 years of age and over. Voting
is voluntary and by secret ballot; voter turnout runs over 60
percent .
One party, the KMT, dominates Taiwan, as it has since 1945.
There are also two minuscule, nominally independent parties
which came from the mainland. Although the KMT's structure
and control mechanisms are based on Soviet models, the party's
operations are considerably more flexible. Party organs exist
at all levels of the ruling structure, as well as in the
military, schools, and other public institutions. People who
arrived from the mainland after 1945 dominate the highest
echelons of the KMT. Taiwanese predominate at local levels
and are increasingly significant at the middle and higher
levels. Taiwanese comprise more than 70 percent of the KMT's
total membership of approximately 2 million.
The lifting of martial law removed the ban on new political
parties; however, full legalization of new parties awaits new
laws which currently are being considered by the Legislative
Yuan. In the past, opponents of the KMT ran in elections as
independents. Prior to the lifting of martial law, the
opposition acted in defiance of it and announced on September
28, 1986 the formation of the Democratic Progressive Party
691
TAIWAN
(DPP). The authorities took no action against it. The DPP
successfully fielded candidates in the December 6 legislative
election, winning over 20 percent of the vote. In 1987 the
KMT initiated a series of meetings with DPP legislators to
discuss important post-martial law legislation, thereby
according de facto recognition to the new party. In the
meantime, other groups have declared or are preparing to
declare political parties, hoping to represent constituencies
they believe to be overlooked by both the KMT and the DPP.
The role of the opposition in the elected bodies is greater
than its small numbers might indicate. Opposition members are
very vocal in elective bodies and frequently use interpellation
sessions, during which legislators pose questions to executive
branch officials, to raise controversial or sensitive issues.
Their activities have probably spurred tendencies within the
ranks of the KMT, particularly among KMT supplemental
legislators, to criticize regime policies openly. They have
also accentuated the theoretical distinction, long blurred in
actual practice, between the KMT party and the governmental
structure.
Opposition candidates face several disadvantages in the
election process. Television, under firm state control,
generally ignores opposition campaign activity or activities
during council or legislative sessions that would help
oppositionists gain greater public exposure. The 1980
election law limits the campaign period before an election to
15 days for National Assembly and Legislative Yuan elections
and 10 days for local, county, and provincial elections. The
law also stipulates who may speak at rallies, and under what
circumstances. The revised Election and Recall Law enacted in
June 1983 abolished joint rallies and precampaign "get-
togethers," campaign tactics favored by the opposition. The
law also placed ceilings on campaign expenditures, political
contributions, and the quantity of campaign paraphernalia.
The opposition argues that these provisions further reduce its
ability to compete with well-financed, well-organized KMT
candidates and hinder contact with the electorate. Opposition
politicians label as ineffective the newly adopted provisions
penalizing candidates for vote-buying and bribery. At least
up until now, press self-censorship and banning have resulted
in less publicity for the views of the opposition, which
further handicaps opposition candidates.
The 1983 revisions of the election law also changed the method
of indirect election of members of the Control Yuan (which
exercises powers of impeachment, censure, and audit). The
opposition charges that the changes were aimed at making it
impossible for the opposition to pool their limited votes
behind one candidate. One incumbent opposition candidate,
however, was reelected in the 1987 Control Yuan election,
despite an attempted boycott of the vote by the DPP.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In past years, the Taiwan authorities occasionally have
permitted representatives of international human rights
organizations and private persons interested in human rights
issues to meet with appropriate officials and other persons.
In 1987 representatives from Amnesty International were
allowed to visit and meet freely with whomever they wished to
see in examining Taiwan's human rights situation. The
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TAIWAN
nongovernmental Chinese Human Rights Association, a strongly
anti-Communist organization that originally focused its
attention on human rights guestions in the PRC, is devoting
more of its efforts to human rights on Taiwan. The
Association has sponsored tours for lawmakers and legal
experts to visit Taiwan's prisons and has established a free
legal aid service.
In December 1984, a group of opposition lawyers, scholars,
parliamentarians, and doctors established the Taiwan Human
Rights Association (THRA) . The authorities have refused to
recognize the THRA because it has not been registered in
accordance with the "law governing the organization of civic
bodies during the extraordinary period," which allows only one
association per organizational function. This issue has not
been resolved, but the practical effect appears limited since
the THRA continues to carry out its activities in Taiwan.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Taiwan's only non-Chinese minority group consists of
descendants of Malayo-Polynesians who were already established
in Taiwan when the first Chinese settlers arrived. These
aboriginal people comprise slightly more than 1 percent of
Taiwan's total population. There is no official policy of
discrimination against them, but the barriers created by de
facto cultural and economic discrimination are frequently
difficult to surmount; thus aboriginal "mountain people"
occupy the bottom rungs of Taiwan's socioeconomic ladder.
Specially designated seats in both central and provincial
legislative bodies are reserved for aborigine representatives,
and the authorities have instituted a number of social programs
to ease the aborigines' transition into the dominant Chinese
society. Aboriginal people nevertheless complain that they
are prevented from owning ancestral lands in mountain areas
under the control of the authorities. Furthermore, aboriginal
people are not allowed to use non-Chinese personal names on
legal documents. Some complain of economic exploitation by
commercial or tourist concerns. The sale of aboriginal
children into prostitution is a serious social problem.
The contribution of Taiwan's women to the economy and to the
island's economic transformation has been significant.
However, the majority of women still have poorly paying jobs
at the low end of the economic scale, generally earning 40 to
50 percent less than men.
Although the law prohibits sex discrimination, the press
occasionally carries complaints of cases of discrimination.
For example, women have complained of being forced to quit
jobs because of age or childbearing restrictions. Restrictive
quotas exist within certain ministries to control the number
of women who may be accepted even after passing rigorous civil
service examination. The laws that discriminate against women
relate mostly to divorce issues and inheritance. A revised
Civil Code passed by the Legislative Yuan in March 1985
provides for more equal treatment of women in the areas of
marriage and divorce.
In recent years, women have become increasingly active in
local politics and have been successful votegetters. Election
regulations ensure that women hold a minimum of 20 percent of
elected offices at both the central and local levels.
Enrollment of women over 18 years of age in institutions of
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TAIWAN
higher learning has increased during the past 30 years from
1,750 students in 1953 (0.3 percent of the total number of
students enrolled) to 131,297 students in 1983 (9.7 percent of
the total number of students enrolled). A fledgling women's
rights movement is growing slowly.
CONDITIONS OF LABOR
The Taiwan Labor Standards Law, promulgated in 1984, was
"enacted to provide a minimum standard for labor conditions,
protect workers' rights and interests, improve worker-employer
relationships and promote social and economic development."
About 4 million of Taiwan's 5.26 million paid workers, mostly
in blue-collar jobs, public utilities, construction,
agriculture, transportation, and communications "fall under its
purview. The law has enjoyed relative success in several
areas. The authorities plan to extend the coverage of this
and other labor laws to protect the rights and interests of
other workers. The minimum age for employment is 15, and a
combination of this law and a strict compulsory education law
assure that few children are employed on Taiwan.
By law the workweek is limited to 48 hours (8 hours per day, 6
days per week) with certain provisions for overtime. Taiwan
has no minimum wage legislation, but the average manufacturing
wage is over $450 per month. Most larger firms provide their
employees with allowances for transportation, meals, housing,
etc., which can amount to 60 to 80 percent of base salary.
There are minimum standards for working conditions and health
and safety precautions.
Many areas covered by the law have not been enforced because
the number of inspectors is far too small to ensure regular
checks on compliance. Routine inspections of any given
business may be held as seldom as once in 11 years, and action
is rarely taken unless a worker complains formally to the
authorities. Further, with most companies being small,
family-owned operations employing relatives who will not
report violations, actual adherence to the hours, wage, and
safety sections of the law is hard to document and thought to
be minimal.
Labor discontent resulted in the unexpected 1986 election loss
by the KMT of two labor constituency seats. The authorities,
as a result, have placed greater emphasis on labor matters. A
cabinet-level Labor Council was created in 1987 to implement
and oversee labor laws and policies. Thus far, it has
concentrated its resources on monitoring working conditions
and provisions for legally mandated retirement funds in state
enterprises and larger private concerns. The authorities have
also promised to introduce legislation clarifying union
organization and workers' right to strike by the end of 1987
or early 1988. Unemployment insurance is being studied and
may be offered to a small segment of workers in a pilot
program. Finally, efforts on the part of the authorities to
increase workers' awareness of their rights through union
education programs and the establishment of complaint channels
appear to be bearing fruit, as manifested by an increasing
number of lawsuits filed against employers by workers.
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FIJI
Fiji is a multiracial society with a population of around
700,000, made up of 46 percent ethnic Fijians, 48 percent
Indians, and 6 percent other races (essentially other Pacific
Islanders, Europeans, and Chinese). The culture and ethnic
makeup of the Fijians, the original inhabitants, is a blend of
Polynesian and Melanesian. Most of the Indians are descended
from indentured laborers brought in to work on the sugar
plantations in the late 19th century. However, a significant
element came later as traders and to serve as government
officials .
On independence from Britain in 1970, the Constitution was
drawn to preserve basic rights for all, with a delicate
political pov/er balance favoring the Fijians but guaranteeing
a political role for all ethnic groups. Special attention was
paid to preserving the land tenure rights of the indigenous
Fijians, rights which have been traditionally exercised
communally rather than individually.
In 1987 a period of political instability vjas initiated when a
bloodless military coup led by Lt . Col. Sitiveni Rabuka
overthrew the democratically elected government on May 14.
After a few days, Rabuka turned over power to the Governor
General. However, on September 25, Rabuka staged a second
coup. Fiji returned to civilian rule again on December 5,
when the military- announced that former Governor General
Ganilau and former Prime Minister Mara had agreed to head an
interim government. Mara, as interim Prime Minister, has
pledged to move towards elections under a new constitution.
He has also called for restoration of national harmony and
cooperation between Fiji's peoples to rebuild the country
following the recent coups.
Serious human rights aouses occurred under the coup leadership;
the extent to which the new civilian leadership will be able
to reverse this trend was not clear by year's end.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known politically motivated killings by the
government, the military authorities, or opposition political
groups .
b. Disappearance
There were no disappearances, nor evidence of people being
abducted, secretly arrested, or clandestinely detained.
However, immediately following the two military coups,
detained persons were held for several days witliout being
allowed to contact their families or friends under the
military government.
Immediately after the second coup, diplomatic missions were
routinely denied consular access to their detained nationals.
Following protests by the diplomatic community, the military
government gave assurances of access, and the interim civilian
government has stated that it will continue this policy.
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FIJI
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In the period following the second coup, there were numerous
reports of physical abuse of detainees by the military. U.S.
representatives received reports of persons being severely
beaten by military personnel. A well-known lawyer represented
several defendants, who v;ere presented to him in jail with
injuries requiring medical attention. The attorney reported
that these persons refused to testify in court about their
experiences. Other reports, which cannot be confirmed, allege
that detainees were forced to run barefoot on blacktop roads
in the hot sun for several kilometers or were dumped in pit
latrines or in sewage treatment plant holding tanks. In the
last 2 months of 1987, the number of reports of human rights
abuses declined substantially.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
During the first coup, members of the deposed parliament were
detained, kept under house arrest for several days, and then
released. A number of other political figures and journalists
were detained, most of them briefly, but some for a week or
more .
During and after the second coup, arbitrary detention was more
widespread and often accompanied by physical abuse or threats.
Soldiers searching for deposed Prime Minister Bavadra entered
his home, fired shots, and frightened his family. Dr. Bavadra,
who was not at home, was later picked up at a roadblock. This
was in marked contrast to the treatment the deposed Prime
Minister received during the first coup.
Other members of the deposed government were also detained for
up to several days at a time without being allowed to contact
families or friends. Some expatriate government advisors with
no known partisan affiliation were detained. Currently there
are no reports of detentions.
The military government's Basic Rights Decree allowed detention
for up to 7 days without notification of charges. Names of
persons detained were to be published in the Official Gazette
within 14 days of detention. Cases of detained persons had to
be reviewed within 1 month of detention, and at 6-month
intervals thereafter, by a special tribunal, whose head was to
be appointed by the Chief Justice.
Exile is not practiced formally. However, a number of Fiji
citizens (both Fijian and Indian) fled the country and
believed they would be subject to detention or arrest on
return. It is also reported that the military authorities
issued instructions that certain Fiji citizens be denied entry
should they try to reenter the country.
There have been no reports of forced or compulsory labor.
e. Denial of Fair Public Trial
The military authorities dismissed the former judiciary,
including the Supreme Court. The Chief Justice and two
associate Justices, all staunch supporters of the 1970
Constitution and of a return to democracy, were detained for
several days. All the expatriate Supreme Court Justices and
one indigenous Justice were "encouraged" to leave Fiji after
declining invitations to serve the military regime. In
80-779 0-88-23
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October the military government named several new magistrates
and judges. Several of these had previously held such
positions. All were lawyers and a number were ethnic
Indians. The court system has not yet resumed its full
functions since the second coup. No sentences have been
handed down without trial. The Crown Law Office and the
Office of the Public Prosecutor also lost most of their legal
personnel following the coups and have not yet returned to
normal operation. A large backlog of cases will face the
Supreme Court when it resumes its duties, a situation that
could mean prolonged imprisonment for some detainees. In
January the former Chief Justice accepted the interim civilian
government's offer that he resume his role as head of Fiji's
judiciary.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the 1970 Constitution, the sanctity of the home was
protected. Warrants issued by a magistrate were required to
enter a private home. The military government's Fundamental
Freedoms Decree codified the right to security in one's home,
but, as in other areas, allowed the Government to infringe on
that right, for example, in the interest of state security or
public order. Arbitrary invasions of homes were reported
during and immediately after both coups, especially the second,
There were some reports of interference with correspondence.
As with other violations of human rights, these reports peaked
after the second coup and have diminished since then.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is severely constrained. Political assembly
and speech in public is not permitted. After the second coup
there were reports of persons being detained after uttering
antigovernment sentiments in public places such as bars and
restaurants .
Under the 1970 Constitution, Fiji had a free and active press.
After the first coup, newspapers were shut down briefly but
resumed publication within a few days. After the second coup
the two major dailies were closed. When one reopened on
November 6, it published a statement saying it had agreed not
to publish anything that could incite ethnic antipathies or be
prejudicial to the public order. The statement said the
newspaper was not being censored by the authorities. The
second English-language daily has not reopened.
The military authorities took control of radio stations in
both coups. While normal broadcasts were resumed shortly
after the first coup, the second coup resulted in the
termination of all broadcasts except those by the official
radio station. During the period of government control,
censorship of news was practiced. Both radio stations
returned to normal operations in late 1987.
Journalists, both foreign and local, were subject to detention
and harassment after both coups. Film and videotapes were
confiscated. Some physical abuse of journalists was reported.
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FIJI
b. Freedom of Peaceful Assembly and Association
Political meetings and demonstrations are banned. The
civilian Government has dropped a requirement imposed by the
military government that a permit be obtained for gatherings
of more than four people not family members. Police and
soldiers investigate any large gathering in a private home to
make sure that regulations are observed.
Trade union rights have been severely restricted and were
suspended altogether for a time. Trade union offices were
closed after the second coup but reopened in late October
following a threat by Australian labor unions to cut off air
traffic from Australia to Fiji. A similar closure had been in
effect for a time after the first coup.
Leading trade unionists, a number of whom were ministers in
the deposed government, were detained after both coups. Union
leaders also were temporarily prevented from leaving Fiji to
attend union meetings overseas.
The former military government had sought to ensure that
unions, which are mostly led and dominated by ethnic Indians,
did not again gain political power.
c. Freedom of Religion
The military regime announced its intention to ensure the
supremacy of the Christian religion without interfering with
the rights of others to practice their religions. However,
religious elements were influential in the military government.
Since the second coup, business activities, sporting events,
and most "nonreligious" activities have been banned on Sundays
except in the tourist areas. Even at the resorts, however,
hotels can serve meals and provide other services only to
registered guests on Sundays. All nonhotel restaurants are
closed, and no buses or taxis can operate on Sundays.
The military government did not interfere with worship or
education by the Hindu and Muslim populations. Hindu and
Muslim religious holidays have been observed as public
holidays since the coups, as they were before. Non-Christians
are permitted to attend temples and mosques on Sunday--but
only for "religious services."
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Fiji citizens are free to move about within the country and to
travel abroad. The military authorities when in power issued
an order forbidding about 100 people, most of them associated
with the Bavadra government, from leaving the country. There
are no formal restrictions on repatriation, but it is widely
believed that certain political figures now outside the
country would not be allowed to return. Emigration
is allowed freely and has increased substantially since the
first coup. About 400 to 500 people emigrate per month, most
of them ethnic Indians. There are no displaced persons in
Fiji.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Until the first military coup on May 14, 1987, Fiji was a
functioning multiparty democracy using the Westminster
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FIJI
parliamentary system. According to military spokesmen, the
first coup was staged because the military feared a breakdown
of public order and did not want to be placed in the situation
of taking actions against fellow Fijians. Within a few days,
Rabuka yielded power to the Governor General of Fiji, who
attempted to effect a political reconciliation. Rabuka and
his supporters among the strongly pro-Fijian Taukei movement,
however, were dissatisfied with the results of the Governor
General's efforts. The army, again under Col. Rabuka, staged
a second coup on September 25, after negotiations between
civilian politicians attempting to reestablish some form of
democratic process failed to meet the army's "minimum demands"
for ethnic Fijian supremacy. Col. Rabuka then declared the
1970 Constitution null and void, nominated himself head of
government, and announced the creation of a republic. Upon
that declaration, Fiji's membership in the Commonwealth
lapsed. Between September 25 and the creation on December 5
of a civilian interim government. Col. Rabuka ruled by decree.
On October 13, the military government published a "Fundamental
Freedoms Decree." It set out fundamental rights as follows:
(a) Life, liberty, security of the person, and the
protection of the law;
(b) freedom of conscience, or expression, and of assembly
and association; and
(c) protection for the privacy of the home and other
property, and from deprivation of property without
compensation.
It also allowed the military government to infringe on these
rights for reasons of security, public order, or morality.
On December 5 the military regime returned the government to
civilian rule. However, the military maintains a strong role
in the interim civilian government as Rabuka holds the Home
Affairs and Security ministerial post. The military and its
civilian supporters intend to ensure that ethnic Fijians hold
an overwhelming preponderance of power in the successor
government. The civilian government is expected to adhere
temporarily to the tenets set out in the Fundamental Freedoms
Decree.
The coups were staged to ensure the predominance of the
indigenous Fijian people. The government elected in April
was, for the first time in history, controlled by a coalition
of the traditional opposition National Federation Party (NFP)
and the New Labour Party. The coalition was dominated by
ethnic Indians (although the Prime Minister was a Fijian).
Some Fijians feared that the new government intended to
interfere with the land tenure rights of the native people.
The interim Government has announced that a new constitution
will be promulgated, but when this will happen remains
unclear. A state of emergency remains in effect but the
curfew, which had been imposed by the military government, was
lifted in early November.
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FIJI
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Until the military coups, there were no allegations of human
rights violations in Fiji or requests for investigations. At
a November 16 press conference in New Zealand, the Fiji
Information Minister in the military government took note of
Amnesty International's reports of human rights abuses by
security forces, saying, "We are concerned. If there is some
truth in this, then the people involved should be disciplined.
Something should be done to them." A Fiji newspaper reported
in mid-November that Rabuka invited a local Red Cross
representative to speak to Fijian soldiers on human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Influential figures in the military regime who expressed
strong racist sentiments were dropped from the interim civilian
government, although it remains the intention of the military
to ensure that the supremacy of the indigenous Fijians in the
political arena is institutionalized. The military also
attaches high priority to changing the ethnic balance in the
civil service, which has been dominated by ethnic Indians.
Many ethnic Fijians feel that the public service discriminated
against them in assignments and promotions. Many senior
Indian civil servants have resigned, been fired, or taken
early retirement.
Some within the military want to restrict further the rights
of tenants on land owned communally by Fijian villages, which
includes most of the land used for sugar cane cultivation and
tourist resorts--the country's two major foreign currency
earners .
About 85 percent of the land in Fiji is held communally by
indigenous Fijians. Most cash crop farmers are Indians, who
lease land from the villages. Freehold land title is not an
indigenous concept; current freehold and crown lands were
alienated from customary owners during the colonial period.
Approximately 6 percent of the land is government held, leaving
9 percent as freehold. Government land can be leased but not
sold. The arrangement regarding land ownership was instituted
to protect the interests of the indigenous Fijians from the
more economically competitive Indians. But many Indians,
particularly farmers, feel that the lack of security of land
tenure discriminates against them. Campaign promises to
improve the land rights of tenants caused many Fijians to fear
that the Bavadra government was a threat to their traditional
rights as owners of the land.
Women in both the Fijian and Indian communities have
functioned primarily in traditional roles. A few women occupy
high positions in the Fijian chiefly system and in politics.
The civilian government's cabinet includes two women, the
Minister of Women's Affairs (a Fijian chief) and the Minister
of Indian Affairs (an Indian politician).
Ethnic Indians have been generally more successful than
Fijians in business. Many Fijians feel discriminated against
in business by the network of supplier and financial
relationships within the Indian business community. At the
same time, there are certain features of Fijian culture, such
as obligations to family members and a bias against
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FIJI
accumulation of wealth by individuals, that make it more
difficult (or a less attractive prospect) for Fijians to
succeed in business.
CONDITIONS OF LABOR
Worker rights in Fiji are protected by legislation, much of
which is still in effect. Children under age 12 may not be
employed in any capacity. Children (under age 15) and "young
persons" (age 15-17) may not be employed in industry or in
attendance on machinery. There is no national minimum wage;
however, minimum wages have been established for several
sectors .
A workmen's compensation act and an accident compensation plan
have been enacted to set safety standards in the workplace and
establish guidelines for workers injured on the job. Some
unions in Fiji have criticized employers and the Government
for failing to take action to correct unsafe working conditions
after being notified of them by the unions. Most such
allegations have been made in connection with the sugar
industry, the largest and most industrialized sector of the
economy. Legislation in place before the coup protected
workers from summary dismissal without just cause. Since the
two coups, especially the second, numerous ethnic Indians in
the public service have been dismissed or pressured to resign
or retire.
701
INDONESIA
Indonesia, the fifth most populous country in the world and
the largest nation in Southeast Asia, has a population of
around 180 million. Its "New Order" Government came to power
in 1966 after an abortive Communist Party-backed coup.
Authority is concentrated in a small group of retired and
active-duty military officers and civilian technocrats under
the leadership of President Soeharto. A partly elected,
partly appointed Parliament serves as a forum for consultation
on and promulgation of legislation proposed by the executive
branch. In reaction to the legacy of political and economic
turmoil from the pre-1966 Sukarno days, the Government has
established priorities of stability, economic development, and
social equity. It has achieved some successes in each area,
particularly in the rural sector; nevertheless, efforts to
achieve wider distribution of economic benefits have yet to
bridge the enormous disparities in wealth and access to
economic advantages that development has brought. The
Governm.ent has effectively reduced religious tensions by
encouraging legally recognized religions to coexist in peace.
Faced with a diversity of ethnic, social, linguistic, and
religious groups, Indonesian governments have sought to create
a unique national identity and develop a governing system
which can accommodate this diversity while assuring internal
security and strengthening national unity. In meeting this
challenge, the Soeharto Government has made "Pancasila" the
national social and political ideology and the centerpiece of
its political program. Pancasila, a centrist and eclectic
formulation, consists of five principles: belief in one
supreme god, belief in a just and civilized humanity,
Indonesian national unity, democracy, and social justice. To
accommodate the country's diversity, the Government emphasizes
social harmony and the traditional Indonesian process of
consultation and consensus as a major element in
decisionmaking .
Indonesia's mixed economy involves the State in nearly all
sectors. Last year's collapse in world oil prices, combined
with only modest growth in nonoil sectors of the economy kept
real gross domestic product growth at an estimated 3 percent
in 1987, a level at which too few new jobs are created for the
2 million new workers who enter the workforce yearly. Ethnic
Chinese in Indonesia are heavily represented in the small but
economically important modern private sector, but they continue
to face official discrimination in certain areas such as
government employment.
In 1987 the Government continued efforts to consolidate its
control, to promote development, and to improve living
standards in East Timor. Periodic skirmishes between Fretilin
guerrillas and the army occurred with unknown but relatively
small numbers of casualties on both sides. The Government
continued to permit selective access to the province,
primarily through escorted diplomatic visits.
In Irian Jaya, Organization for a Free Papua (0PM) rebels
continued isolated acts of violence, against both fellow
Irianese villagers and Indonesian Government forces. The
Government of Indonesia reported that several hundred Irianese
who had fled to Papua New Guinea earlier returned to Irian
Jaya .
In 1987, though human rights abuses continued, modest
improvements were made in several areas. These included the
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INDONESIA
release from detention of many East Timorese previously
suspected of supporting a small-scale insurgency. On the
negative side, reports continued of police abuse of prisoners
in some cases leading to death, a policy of "shooting to wound"
suspected criminals in Medan, allegations of disappearances,
and restrictions on the freedoms of the press and of movement.
Nationwide general elections in April, while more peaceful and
open than any in the past 15 years, were characterized by
tight restrictions on campaigning and some reports of fraud
and intimidation of voters.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
In 1987 there were no reports of alleged "mysterious killings"
or summary executions of suspected criminals, which were
prevalent from 1982 to 1985. In Medan the local governor
recently reaffirmed a policy of "shooting to wound" criminal
suspects, which has in many cases resulted in crippling
injuries .
In 1987 some reports, which could not be independently
verified, claimed political killings in Irian Jaya and East
Timor associated with the small-scale rebellions in both
provinces .
b. Disappearance
Observers believe the number of disappearances is very small,
but no exact figures are available. Disappearances in 1987 in
East Timor and Irian Jaya are widely believed to be at the
hands of security or military authorities operating under
special legal provisions exempting them from the criminal
code. Reports are often unspecific and virtually impossible
to confirm as the Government rarely if ever responds to
inquiries concerning disappearances. One international human
rights group reported in March 1987 that 10 Timorese
previously believed to have disappeared were found alive.
Other unconfirmed reports claim several Timorese disappeared
in East Timor in the past year. They are in addition to
several hundred disappearances in past years in that province
which have never been solved. Regularized International
Committee of the Red Cross (ICRC) access to prisons in East
Timor and elsewhere in Indonesia has helped to locate some
missing persons.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
While the Government officially does not not condone torture
and mistreatment, there are frequent reports that they occur.
In 1987 there was at least one instance in which the
Government disciplined police or security personnel for
engaging in police brutality. Standard police treatment of
detainees, even in minor incidents, often results in physical
abuse. One international human rights group's reports cite
torture of suspected rebel sympathizers in East Timor at the
hands of military forces. A policy of "shoot-to-wound"
practiced against alleged criminals allegedly attempting to
elude arrest, instituted in North Sumatra in 1985, continued
throughout 1987. According to local press reports of several
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INDONESIA
such incidents each month, all were allegedly shot in the
legs, several repeatedly. Occasionally victims have died from
their wounds.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
While December 1981 Criminal Procedures Code (KUHAP) contains
protections against arbitrary arrest and detention and
specifies the right of prisoners to legal counsel and
notification of family, in practice these safeguards
frequently are not respected. Emergency security provisions
permit exceptions under which arrests and detentions may be
made by the Command for the Restoration of Security and Order
(KOPKAMTIB). The provisions of KUHAP are honored more often
in urban areas than in small towns or remote provinces. The
authorities are known to make arrests for intimidation or to
inhibit activities they do not wish to take place. Such
arrests may have little or no legal basis, but there are no
legal mechanisms for redress of grievances.
Indonesian law does not provide for the right of habeas corpus
or its equivalent. KOPKAMTIB has wide powers to detain and
interrogate persons thought to endanger national security.
These special powers supersede the criminal code provisions
and apply particularly to what KOPKAMTIB considers cases of
suspected subversion, sabotage, secession, or corruption.
Arrests or detentions made under these powers are rarely, if
ever, made public. Persons arrested and held under KOPKAMTIB
provisions have no legal right to protection or legal aid.
Precise numbers of persons detained without trial are
unavailable. Human rights observers believe there may be as
many as 500 throughout Indonesia. In 1987 the last remaining
Timorese held on Atauro Island for suspected support of
Fretilin were returned to their villages, where they remain
under the close supervision of local authorities. Other
Timorese exiled from their villages several years ago were
permitted to return to their original homes in 1987. No
reports charge the use of forced labor in Indonesia in recent
years .
e. Denial of Fair Public Trial
As government employees, judges in Indonesia come under the
jurisdiction of the executive branch, which greatly affects
the independence of the judiciary. The Minister of Justice
announced in 1987 that local prosecutors will have authority
in their district to discipline attorneys whose behavior is
deemed inappropriate. Corruption also permeates the Indonesian
legal system. In criminal proceedings, defendants are
frequently able to buy their v/ay out of prosecution at various
stages of the proceedings. In civil cases, court decisions
are sometimes influenced by the payment of bribes. In response
to these abuses, the Government from time to time has taken
action against particularly flagrant offenders, but by and
large these practices continue unchecked.
In cases involving what could be defined broadly as "security"
issues, particularly instances in which persons are being
tried under the subversion provisions of 1963, the accused are
rarely, if ever, found innocent. In all such security-related
cases, it is widely believed the Governmient will ensure
conviction irrespective of the evidence presented in court;
such convictions are aided by the court's ability to restrict
evidence presented by the defence. Although the Government
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INDONESIA
has not announced data on the number of persons serving
sentences for subversion, one reliable estimate suggests there
may be several hundred. Several subversion trials took place
in 1987, most related to alleged Muslim extremist activity.
The accused were always found guilty.
As a result of increasing crime rates and shortages of
judicial personnel, trials are frequently delayed. A three-
judge panel conducts trials, hearing evidence, deciding guilt
or innocence, and assessing punishment. Although the right of
appeal is not absolute, it is observed in most cases. Initial
judgments are rarely reversed, although sentences are
occasionally reduced. Most court sessions are open to the
public, and most defendants, if they can pay, have access to
counsel. If destitute, defendants can find private legal help
such as that provided by the Legal Aid Institute, but no direct
system exists for public funding of court-appointed attorneys
for those unable to afford legal
assistance .
In May the Government revoked for 1 year the lawyer's license
of well-known human rights activist Adnan Buyung Nasution for
alleged contempt of court during the 1985-86 trial of retired
General H.R. Dharsono. The Government acknowledges that there
was no contempt of court law at the time, but based its actions
on law 2 of 1986 which empowers the Minister of Justice to
discipline members of the legal profession.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Judicial warrants for searches are required except for cases
involving suspected subversion, economic crimes, and
corruption. However, forced or surreptitious entry by
security agencies occurs periodically, especially in East
Timor. Both local and international telephone calls are
believed to be monitored selectively by government security
agencies. Although correspondence generally is not monitored,
letter mail to and from East Timor is subject to official
scrutiny. Telephone communication to and from East Timor
requires special government approval.
The import of foreign publications and video tapes, which must
be reviewed by government censors, requires a permit. Some
foreign newspapers and magazines, especially from Australia,
cannot be imported. The importation of Communist publications
is prohibited. Excepting one quasi-official daily newspaper
which uses Chinese characters and claims a circulation of over
100,000, Chinese-language publications can neither be imported
nor produced domestically. Chinese characters are routinely
blotted out of foreign news photos and advertising. No laws
prohibit speaking Chinese, but the Government lays heavy
stress on the learning and use of the national language,
Bahasa Indonesia, to promote national unity.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There are significant restrictions on freedom of speech and
press. The Constitution gives Parliament the authority to
legislate these restrictions. In recent years. Parliament has
helped create a body of law delimiting the rights of
individuals and of the Government. In the absence of
implementing regulations for many of these laws, different
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INDONESIA
government agencies frequently interpret them as they choose.
The result is that these agencies have considerable
discretionary authority in the field of civil liberties, e.g.,
freedom of the press and speech. Governmental concern about
public statements or publications which could be perceived as
critical of the Government, and therefore threatening to the
nation's stability, is a major factor inhibiting the exercise
of free speech and press. Opposition groups are generally
free to meet privately and formulate views, but they are
inhibited from disseminating them publicly because of media
reluctance to risk official disapproval or because of informal
government instructions not to publish the opinions of or news
about prominent opposition figures. As in past years,
authorities provided general topic guidelines to Muslim
speakers during the Muslim holidays, when preachers addressed
large gatherings. In a few instances, preachers who went
beyond these guidelines were arrested.
The general lack of specific, clear guidelines on what is
permissible has generated a significant degree of
self-censorship both in public speaking and in the press.
School faculties sometimes refrain from producing materials,
including dissertations, which they believe might provoke
government displeasure. Publishers also are unwilling to
accept manuscripts dealing with controversial issues. Foreign
books critical of the Government or dealing with sensitive
topics, such as human rights, similarly are avoided by
importers. Foreign periodicals, readily available in
Indonesia, are scrupulously censored by their private
importers in order to avoid government confiscation of the
materials. With few exceptions this self-censorship is
thorough and effectively responds to government concerns.
The press is largely privately owned. While espousing a
"free" press, the Government expects the media to be
"responsible" by supporting national economic development
goals and domestic stability. The Government closely monitors
the media for material it finds unacceptable. In such
instances, editors or journalists routinely receive oral
instructions from government officials about news which cannot
be reported. Articles and editorials do address sensitive
issues, however, and journalists sometimes have wide latitude
within the vaguely defined limitations.
Nonetheless very real limits exist. In June 1987 the
Government closed down a relatively new and bold daily,
Prioritas, for speculative reports which the Government said
could cause unrest. Other journals received oral warnings to
avoid printing "speculative" articles which could "create
uncertainty and confusion among the public." The Government
permitted Suara Pembaruan, the successor to Sinar Harapan, a
Jakarta daily banned in 1986, to begin publishing with much of
the same staff as the earlier paper.
The Government established highly stringent regulations for
foreign correspondents wishing to report on the general
election campaign in 1987. Visas for correspondents to cover
the campaigns were either late in coming or, in some instances,
refused. In the spring of 1987, the Government declined to
issue a visa to a New York Times correspondent. In mid-1987
the Government refused to renew the residence visas for two
correspondents of the Far Eastern Economic Review, the third
year in a row that that journal's correspondents have not been
able to remain in Indonesia. One Australian journalist was
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INDONESIA
permitted into the country, the first since Australian
journalists were banned in April 1986.
The Attorney General banned several books, both foreign and
Indonesian. A single government-operated television network
broadcasts, although television signals from neighboring
countries are received in some parts of Indonesia. The more
than 400 private radio stations may use only government-
provided programs for news.
b. Freedom of Peaceful Assembly and Association
Regional and national meetings of virtually all organizations
must have government permission, and local jurisdictions often
require prior approval for smaller gatherings as well. While
such approval is usually granted, local authorities can and do
withhold permission. Student gatherings are frequently the
target of such disapprovals. In East Timor the local
Government usually authorizes public assembly for social and
ceremonial events and, as long as there is no perceived
security risk, grants political parties permission to meet
publicly.
The 1985 "social organizations" law (known as the "Ormas
Law"), which requires all organizations, including religious
orders and associations, to adhere to the state ideology of
Pancasila, came into force in 1987. The law empowers the
Government, with the approval of the Supreme Court, to disband
any organization it believes to be acting against the tenets
of Pancasila. The Government took no such actions in 1987.
The law stipulates that government approval is required before
any organization can accept funding from foreign donors.
Indonesian workers are organized in a single national body,
the All-Indonesia Workers Federation (SPSI) . It has a total
membership of about 3 million out of some 15 million persons
employed in the industrial sector. The total work force is
around 70 million. The SPSI is the only trade union body
legally permitted in Indonesia, and all organized workers must
belong to it. The Government established this organization in
1985 as a replacement for the preceding quasi-independent
national labor federation (FBSI). Political activity by the
SPSI is forbidden. It is not permitted to organize civil
servants or workers in government-owned enterprises nor in
major sectors of the economy declared by the Government to be
vital, such as air transportation and oil. However, some
professional organizations, such as those for teachers, do act
as unions in some respects. Although Indonesia is a party to
a number of International Labor Organization (ILO) conventions
on the right to organize and bargain collectively and on
forced labor, government officials have made it clear that
Indonesia's obligations under these conventions will not be
allowed to interfere with Pancasila labor relations, which
emphasize consultation among the parties and the avoidance of
confrontation.
Restrictions on the SPSI's autonomy include the imposition of
government appointees in many of its positions; pressure on
its senior officials to be active members of the government-
sponsored Golkar (see Section 3); and extensive government
intervention in the public sector and in 21 companies deemed
vital to national well-being. A ministerial decree of October
30, 1986, put into effect new guidance on the formation of
unions in private sector workplaces. This guidance spelled
out with greater specificity how organizing at the plant level
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INDONESIA
is initiated, criteria for establishing the qualifications of
union officers, and procedures and safeguards for union
elections. It is now explicitly forbidden to prejudice or to
harass any employee because of his union membership. Strikes
in the private sector are permitted by law, though officially
discouraged. Notification to the Government of a strike call
is required, but not prior government approval. Some 90,000
man-hours were lost through strike action in the first half of
1986. In a series of significant strikes during 1987, no
punitive action was taken against striking workers.
The SPSI provides representation in the Workers' Delegation to
the International Labor Organization (ILO).
c. Freedom of Religion
The constitutional guarantees of religious freedom apply only
to those religions recognized by the State--Islam, Buddhism,
Christianity, and Hinduism. Although the Indonesian population
is overwhelmingly Muslim, the practice and teaching of the
other recognized faiths are permitted. A plethora of mystical
and folk religions and sects also exists; a number of these
have been banned, affecting perhaps 20,000 adherents, while
government leaders actually encourage others. While the
Government tolerates private practice of banned religions,
local authorities occasionally harass adherents of such
groups. The legal requirement to accept Pancasila as
governing ideology extends to all religious, as well as
secular, organizations.
A 1972 letter of the Supreme Prosecutor reiterated a
presidential decree of 1962 banning membership in Jehovah's
Witnesses and the Baha ' i Faith. From time to time authorities
harass or discriminate against Baha'is for their religious
beliefs, and several have been strongly pressured to convert
to Islam. Because the first tenet of Pancasila specifies
belief in a supreme being, atheism is forbidden. Some
animists in remote parts of Indonesia have reportedly been
pressured to convert to Islam or Christianity to fulfill the
requirement of belief in a supreme being. No legal bars
forbid religious conversion, and conversions between faiths do
occur. However, proselytizing in heavily Islamic areas is
seen as potentially disruptive and is discouraged. The
Government restricts activities of foreign missionaries, some
of whom face difficulty in obtaining or renewing visas or
residence permits, to encourage the employment of Indonesian
citizens. Their work is also subject to the funding
stipulations of the Ormas Law discussed above. In other
areas, missionary activities are relatively unimpeded and in
fact are welcomed in remoter districts, where government
resources in fields such as education and health are
insufficient .
Official holidays include Christian, Hindu, and Buddhist, as
well as Muslim holy days. Indonesian Muslims, Christians, and
Buddhists maintain active links with coreligionists inside and
outside Indonesia. Travel to religious gatherings is
permitted. Hajj trips to Mecca are available only through
government-organized and priced tours. The Government permits
a set number of pilgrims to make the hajj annually.
708
INDONESIA
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are some restrictions on movement within Indonesia. The
Government requires permits to change residence in certain
areas, primarily to control the further shift of population
from rural to urban locations. Since 1958-59, noncitizen
ethnic Chinese have been denied the right to live in rural
areas of Java. Restrictions exist on movement to and within
East Timor and within parts of Irian Jaya . The Government has
relocated many rural East Timorese living in the central and
eastern parts of the province since 1979 to isolate them from
Fretilin rebels and, according to the Government, to facilitate
their access to health, education, and other government
services. Most Timorese require permission to travel outside
their home districts (Kecamatan) . In some areas of East Timor
residents may not farm beyond their immediate village area,
and are restricted to their village itself during military
operations in the area.
Former political detainees associated with the abortive 1965
coup attempt are required to notify authorities of their
movements, may not change their place of residence without
official permission, and have restrictions placed on their
employment. Members or alleged supporters of the Communist
Party of Indonesia (PKI) outside Indonesia have been allowed
to return only on a case-by-case basis. The Government has
tried to keep track of all of the 2.5 million former members
of the PKI and some 20 million members of its front groups.
The Government periodically restricts foreign travel of
domestic critics and others in disfavor. Some 5,000
Indonesians currently are not permitted to leave the country.
This number includes critics of the Government, those arrested
in the student riots of 1974, and others. However, other
critics of the Government are free to travel abroad, and a
person banned at one time may be permitted to travel
subsequently. Well-known attorney and human rights activist
Mulya Lubis received a passport in February, after having been
refused permission to travel abroad for 2 years. Students do
not need government permission to go abroad to study. A rp.
250,000 ($150) departure tax, while instituted as a means to
restrict travel abroad and thereby save foreign exchange, has
the effect of limiting freedom of foreign travel.
The Government has apparently taken no further action on its
plan to move several thousand "illegal immigrants" to the
island of Sumba . None has been moved to date. Most of these
are Chinese who left Indonesia for China in the 1950*s and
1950's. They subsequently returned to Indonesia but are
considered by the Indonesian Government to have reentered
illegally.
Indonesia has given first asylum to over 100,500 Indochinese
refugees since 1975. The Indochinese refugee population stood
at 2,300 at the end of 1987. The United Nations High
Commission for refugees in Jakarta has documented that local
Indonesian government authorities several times in 1987 pushed
refugee boats away from Indonesian territory. Central
government authorities have denied such "push-offs" took place
and reconfirmed Indonesia's policy of asylum. Observers
believe, however, that "push offs" continue to take place.
No reports in 1987 cited large numbers of residents of the
province of Irian Jaya crossing into Papua New Guinea.
709
INDONESIA
Several hundred Irianese who had crossed into Papua New Guinea
in past years returned to Irian Jaya voluntarily.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Government's authority is largely concentrated in the
hands of a small group of active-duty and retired military
officers and civilian technocrats led by President Soeharto.
This system ensures the continued preeminence of the military
in all fields of governmental activity. The Parliament,
political parties, and the general public have little ability
to influence government decisions or to change the system or
its leadership.
Parliament considers laws presented to it by government
departments and agencies but does not draft laws on its own.
The Government seeks to resolve any potential parliamentary
concerns before the bills are officially presented.
Parliament can and does change the text and occasionally the
intent of bills it reviews. Bills of major significance are
often passed with little or no alteration.
A 1975 law allows three political parties. One of these is
made up of four former Muslim political parties, and another
of former nationalist and Christian parties. Party leaders
are approved or named by the Government, and party activities
are closely scrutinized and often guided by government
authorities. These factors weaken the parties' election
prospects and diminish their ability to represent effectively
their constituents' concerns to the Government. The third,
Golkar, is a longstanding, government-sponsored organization
of functional groups which serves a role similar to that of a
political party. The two parties and Golkar are prohibited
from organizing and operating officially below the district
level except during election campaigns. This system gives
Golkar an advantage, since its civil service members have
constant access to small towns and villages because of their
official duties. In the 1987 general election, Golkar won 73
percent of the vote.
Elections for Parliament, held every 5 years, took place on
April 23, 1987. All adult citizens, except active-duty
members of the armed forces and convicted criminals serving
prison sentences, are eligible to vote. Voters cast ballots
for party lists of candidates for national, district, and
local assemblies. Voting is not mandatory, but strong social
pressures ensure participation. Protest votes take the form
of blank or deliberately spoiled ballots. All civil servants
and employees of government-owned institutions, such as the
large state banks, and their families, must join Golkar. In
addition, students in public schools and universities, as well
as the general public, are strongly urged to support Golkar.
All government employees are expected to vote for Golkar.
Polls are set up outside government offices, government-owned
institutions, and schools, and civil servants and students are
expected to vote at their place of employment rather than in
their home neighborhood. The two political parties formally
complained of polling irregularities including multiple voting
by Golkar supporters, incorrect vote tallies, and obstacles to
voting faced by non-Golkar supporters. Many observers
reported coercion or intimidation, especially in government
organizations, to ensure votes were cast for Golkar. The
Government has not announced its response to or investigation
of claims of voting irregularities.
710
INDONESIA
All candidates for election were required to pass rigorous
government scrutiny of their suitability, and many proposed
candidates were dropped from the final approved list. Golkar
and the two parties headed their candidates list with
"votegetters, " popular or well-known figures who agreed to be
candidates to attract votes, but who, should they be elected,
would not serve but turn their seat over to the next candidate
on the list. While the public is aware of this system, at no
time were votegetters identified to enable voters to determine
who in fact might represent them in a certain district.
In line with changes in the election law in 1984, the
Government restricted campaigning. Campaign speeches required
prior government approval, and rallies took place at
government-approved times and places.
Under the 1985 election law, the newly elected Parliament
consists of 500 members, 400 elected in April 1987, and 100
appointed by the Government from the armed forces. The
People's Consultative Assembly (MPR) elects the President. It
consists of Parliament plus 500 other members appointed by the
President and regional governments. The MPR began its new
session October 1, 1987, to promulgate the political,
economic, and social guidelines for the coming 5 years and to
elect the President and Vice President in March 1988.
The PKI, the former Socialist Party (PSI), and a formerly
powerful Muslim party, Masyumi, linked with separatist
rebellions in the late 1950's, are specifically banned. With
rare exceptions, members of the first and many leaders of the
last are not allowed to run for office or to be active
politically. However, most former PKI detainees were
permitted to vote in the April national elections.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government considers outside investigations of alleged
human rights violations to be interference in its internal
affairs. Amnesty International representatives, for example,
have been refused access to Indonesia. Similarly, Asia Watch
and other international human rights groups have been denied
permission to visit. No local chapter of Amnesty
International exists, although individual citizens may have
membership. The Government is hostile toward citizens who
maintain close ties with foreign human rights organizations.
Local human rights activists complain that the Government uses
harassment, press censorship, financial controls, and other
forms of intimidation to suppress meaningful human rights
activities .
Under a 1985 agreement with the Government, the ICRC conducts
regular visits to persons jailed in connection with events in
East Timor; provides medical and food aid to those persons
returned to the main island after having been held on Atauro;
carries out medical-nutritional surveys in vulnerable villages
in East Timor; and reunites divided families in East Timor and
abroad (mainly Portugal). In addition, the ICRC is permitted
to visit prisoners convicted of participation in the 1965
PKI-backed attempted coup.
711
INDONESIA
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Some women enjoy a high degree of economic and social
freedom. Women occupy important midlevel positions in the
civil service, educational institutions, labor unions, the
military, the professions, and private business and the 1983
Cabinet included two women. However although legislation
guarantees women equal treatment, women seldom receive equal
pay for equal work. In addition to a government-sponsored
women's organization in which membership and participation are
mandatory, several voluntary, private groups work to advance
women's legal, economic, and political rights. Chief among
these is KOWANI (Congress of Indonesian Women), an umbrella
organization for some 55 women's groups.
Strong official and informal discrimination affects people of
Chinese ancestry resident in Indonesia. Ethnic Chinese are
pressured to take Indonesian names. While encouraged to
become citizens, some Chinese find legal avenues to citizenship
blocked or are discouraged by the time-consuming and expensive
task of obtaining citizenship documents. Chinese who have
been unable to obtain Indonesian citizenship can lose their
right to residence should they be abroad for a period of more
than 3 months. Government regulations prohibit the operation
of all-Chinese schools and institutions of higher learning,
teaching in Chinese languages, the formation of exclusively
Chinese cultural groups or trade associations, and the use of
Chinese characters on signboards or in publications. A 1979
State Intelligence Coordinating Board letter bans Chinese-
language courses by private institutions. However, social and
religious groups which are, in effect, all-Chinese are not
proscribed and do exist.
CONDITIONS OF LABOR
New regulations published in February 1987 provide protection
for children between the ages of 7 and 14, who often must work
to support themselves and their families. The workday for
these children is limited to 4 hours per day, and their
employers are required to see that the children are attending
school. The Basic Labor Law of 1948 established an 8-hour
day, 48-hour week, 1 rest day per week, and a definite
vacation period. An extensive body of labor law and
ministerial regulations provide for minimum standards of
industrial health and safety, but they are not enforced
effectively. Indonesian law provides that the Department of
Manpower office in each region shall, at regular intervals,
establish a minimum wage for its particular region. The range
of regional minimum wages rose by an average of 13 percent
from 1985 to 1986. The Department of Manpower and the Central
Statistical Office also report for each region a minimum
physical needs figure.
Wages of many workers in the modern sector exceed minimum wage
figures, and the Government and labor unions state they are
working to raise minimum wages to meet minimum physical needs'
figures. Observance of the minimum wage regulations varies
from sector to sector and region to region. Reliable figures
on the total compliance situation do not exist.
712
JAPAN
Japan is a parliamentary democracy operating within the
framework of a Constitution adopted in 1947. Sovereignty is
vested in the people and the Emperor is defined as the symbol
of state. Its thriving free market economy is the second
largest in the world in terms of gross national product.
Although only 19 percent of the country is arable, agriculture
is practiced so intensively that the country has an
agricultural self-sufficiency rate of around 70 percent.
Japan's culture incorporates many elements from the West while
retaining strong Eastern roots. Buddhist, Shinto, and
Confucian traditions continue to have a basic and pervasive
influence on thought and social institutions, but several
minor religions also flourish. Less than 1 percent of the
population is Christian.
Although the Japanese are receptive to foreign ideas, the
citizens of this densely populated nation have a cultural,
ethnic, and racial homogeneity which makes them less willing
to integrate alien residents in Japan into their society.
While the legal system has gradually evolved toward granting
equality of opportunity to minorities, there remains social
prejudice against Koreans, around 587,000 of whom are first,
second, and third generation permanent residents, in addition
to the approximately 136,000 naturalized Japanese nationals of
Korean ancestry. There are also about 100,000 ethnic Chinese
living in Japan, the majority of whom are permanent residents
rather than citizens. An estimated 1.2 million descendants of
persons historically considered to be outcasts ( "Burakumin" )
also suffer social but not legal discrimination. Additionally,
there are reportedly over 24,000 descendants of Ainu, Japan's
indigenous people, now concentrated in Hokkaido, as well as
Okinawans, both of whom suffer social discrimination. The
Japanese Constitution states, "All of the people are equal
under the law and there shall be no discrimination in
political, economic, or social relations because of race,
creed, sex, social status, or family origin." The human
rights assured by the Constitution and the Bill of Rights are
secured by a just and efficient legal system.
On the national level, power is divided among executive,
legislative, and judicial branches. Executive power is vested
in a cabinet composed of a prime minister and ministers of
state and it is responsible to the Diet, Japan's two-house
parliament. The Diet, elected under a system of universal
suffrage and the secret ballot, has the responsibility to
designate the prime minister, who must be a member of that
body. Nearly 70 percent of the electorate usually votes in
general elections, which involve candidates from six active
and freely functioning political parties. The judicial system
has several layers of courts, with the Supreme Court as the
final authority. There is a well-organized and
well-disciplined national police force and it is firmly under
the control of the civil authorities.
The right of workers to organize, bargain, and act
collectively is assured by the Constitution. Slightly under
30 percent of the active work force belongs to labor unions.
Most unions are involved in political activity as well as
labor relations. The Equal Employment Opportunity Law,
prohibiting discrimination in the workplace based on sex, took
effect April 1986 but has yet to have a significant impact on
the employment practices of Japanese corporations.
713
JAPAN
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no instances of politically motivated murder by the
Government and no reports of such by other organizations.
b. Disappearance
There were no cases in which people were abducted, secretly
arrested, held in clandestine detention, or held hostage by
security forces or any other organization.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Freedom from torture, and other cruel, inhuman, or degrading
treatment or punishment is provided for in the Constitution
and respected in practice. There is no evidence that penal
treatment varies by social class, sex, or religion.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Freedom from arbitrary arrest or imprisonment is assured by
the Constitution and respected in practice. Japanese law
provides for judicial determination of the legality of
detention. Under the Criminal Procedure Code, a suspect may
be held for up to 10 days, during which the prosecutor must
decide whether to indict or release him. This period may be
extended by a judge for up to another 10 days if a judge
recognizes a necessity for such extension. People cannot be
detained without charge, and prosecuting authorities must be
prepared to demonstrate before trial that probable cause
exists to detain the accused. The length of time before a
suspect is brought to trial depends on the nature of the
crime, but rarely exceeds 2 months; the average is 1 to 2
months. Preventive detention does not exist.
The key statute protecting workers, the Labor Standards Law of
1947, prohibits the use of forced labor. There are no known
cases of forced or compulsory labor.
e. Denial of Fair Public Trial
The Constitution provides for the right to a speedy and public
trial by an impartial tribunal in all criminal cases, and this
right is respected in practice. The defendant is informed of
charges upon arrest and assured a public trial by an
independent civilian court with defense counsel and the right
to cross-examination. The Constitution assures defendants the
right not to be compelled to testify against themselves as
well as free and private access to counsel, although the
latter may be abridged in practice. Defendants are also
protected from the application of laws retroactively and have
the right of access to incriminating evidence after a formal
indictment has been made. Judges are appointed by the Cabinet
for permanent terms but face periodic review through popular
referendum. A defendant who is dissatisfied with the decision
of a trial court of first instance may, within the period
prescribed by law, appeal to a higher court. There are several
levels of courts, with the Supreme Court serving as the highest
judicial authority. There is no trial by jury in Japan.
714
JAPAN
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the Constitution, each search or seizure must be made
upon separate warrant issued by a judicial officer. Japanese
authorities have been scrupulous in observing the legal
requirements for warrants. In one instance in 1987, local
police officials apparently attempted to wiretap a private
telephone as part of an investigation. No indictments were
passed down, but steps were taken to discipline the officers
involved. There are no reports that the Government or any
other organization has arbitrarily interfered with privacy,
family, home, or correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Japanese Constitution, an independent press and judiciary,
and a functioning democratic political system combine to
ensure freedom of speech and press.
b. Freedom of Peaceful Assembly and Association
These freedoms are provided for in the Constitution and
respected in practice.
The Constitution states that unions have the right to
organize, bargain, act collectively and (implicitly) assures
the right to strike, a right which has been exercised
frequently. Japanese law also allows them to lobby and to
make political campaign contributions. Most unions actively
engage in political as well as labor activity. They are
involved also in international bodies and bilateral exchanges.
Slightly under 30 percent of the active work force belong to
labor unions. Public employees do not have the right to
strike but do have recourse to mediation and arbitration in
order to resolve disputes. Members of the armed forces,
police officers, and firefighters are not permitted to
organize. In exchange for a ban on their right to strike,
government employees' pay raises are determined by the
Government based on a recommendation by the independent
National Personnel Authority (NPA) . The Government's failure
to meet NPA recommendations in previous years led the General
Council of Trade Unions of Japan to file a complaint with the
International Labor Organization, but the NPA's recommendations
have now been fully implemented.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and
respected in practice. While Buddhism and Shintoism remain
the two major religions in Japan, there are many others,
including several Christian denominations. Missionaries are
welcome and receive special visa status. Some temples and
shrines, as treasured national properties, receive public
support for maintenance.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation.
Japanese citizens have the right to travel freely, both within
Japan and abroad, to change their place of residence, to
emigrate, and to repatriate voluntarily. Nationality is never
revoked.
715
JAPAN
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
As a parliamentary democracy, Japan is ruled by the political
party or parties able to form a majority in the lower house of
the Diet. The Liberal Democratic Party, which has been in
power continuously since 1955, won a substantial parliamentary
majority in the July 1986 national elections. Five opposition
parties are active. All adult citizens have the right to vote
by secret ballot. Political interest groups can organize and
engage in nonviolent political activity regardless of political
beliefs. Well-organized labor unions ensure participation by
workers in the political process.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Various groups petitioned the office of the United Nations
Commission for Human Rights (UNHRC) in 1987 to take up
allegations of discrimination against Japan's indigenous
people, the Ainu, and of maltreatment of mental patients. The
Government responded to the complaints, and the UNHRC decided
not to pursue further discussion or investigation. In response
to both domestic criticism and inquiries by the International
Commission of Jurists on behalf of mental health groups in
1986, the Government in 1987 acted to improve mental health
care. Steps were taken to modernize facilities, and the
mental health law was revised to include safeguards against
involuntary admittance or discharge.
Through its membership in the UNHRC, the Government works for
improvement of human rights practices in other countries.
There is a Human Rights and Refugee Division in the Ministry
of Foreign Affairs to give long-range attention to these
matters .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are some 23.3 million female workers in Japan, comprising
34 percent of the employed population. Discrimination by
private employers against women is prohibited by the
Constitution and by legislative measures adopted over the past
30 years to accord women the same legal status as men. In
April 1986, an equal employment opportunity law came into
effect. This law is intended to eliminate sex discrimination
in such areas as recruitment and hiring, pay inequality, and
the amount of night or overtime hours that can be worked.
However, the law has been criticized as containing no concrete
measures, such as penalties for violators, to ensure equality
for women workers. In any case, it appears that passage of
this legislation has not by itself changed the prevailing
social attitudes which discourage women from seeking and
obtaining positions of managerial responsibility. In fact,
according to one authoritative survey taken in 1987, the
number of women in Japan who disagree with the statement, "a
woman's place is in the home," has decreased significantly
during the past three years. Those who do wish to pursue
careers find many obstacles remaining in their way and are
unlikely to advance as quickly as their male counterparts.
Significant disparities remain between the salaries of men and
women workers, but these are not based overtly on sex.
716
JAPAN
As a homogeneous nation with a long tradition of isolation
from other cultures, Japanese society has been resistant to
the integration of alien residents despite its general
receptivity to foreign ideas. Entrenched social prejudice
against both Korean residents (most of whom were born, raised,
and educated in Japan) and members of the "Burakumin" community
(descendants of feudal era "outcasts" who practiced so-called
"unclean" professions such as hide tanning) restricts the
access of both groups to private housing, employment, and
marriage opportunities. Groups representing the Ainu and
Okinawan communities also complain about discrimination,
especially regarding employment opportunities.
In recent years the Government has enacted several laws and
regulations extending to permanent resident aliens, 82 percent
of whom are Koreans, the benefits of equal access to public
housing and loans, social security pensions for those who
otherwise qualify, and certain public employment rights. The
Foreign Ministry now pronounces Korean names according to the
Korean rather than the Japanese reading of name characters.
Korean residents of Japan educated in private Korean schools,
however, still suffer some discrimination in admission to
national universities.
The Government acted to rectify an issue of concern to
resident Koreans in September when it revised the Alien
Registration Law to require only a single fingerprinting of
foreign residents rather than repeated fingerprinting at
5-year intervals. Groups representing Korean residents have
called for abolishment of the fingerprinting requirement and
are not satisfied with the revised law. The Government has
also enacted the Special Measures for Regional Development
Law, which provides funds until 1992 to complete projects
started under a similar law which expired in 1987. This law,
first issued in 1969, was designed to help assimilate Burakumin
into mainstream society through a number of social, economic,
and legal programs.
According to the law, aliens with 5 years' continuous
residence are eligible for naturalization and the simultaneous
acquisition of citizenship rights, including the right to
vote. In fact, however, relatively few eligible aliens have
been naturalized. Naturalization is a difficult and
complicated process requiring "proof of assimilation into the
Japanese culture," and many Korean residents are unwilling to
seek naturalization on the grounds that their cultural identity
would be erased by the requirements. Korean human rights
activists have urged Japan to restore unconditionally the
citizenship which Korean residents of Japan had previously but
which was revoked after World War II.
CONDITIONS OF LABOR
The Revised Labor Standards Law of 1987 provides for the
phased reduction of maximum working hours from the current
6-day, 48-hour, workweek to 40 hours by early in the next
decade. Although introduced as a means of increasing leisure
time available to the work force, the law has been criticized
by employee groups because of the increased flexibility it
gives employers in calculating actual working hours and
vacation benefits. Under the law, workers under the age of 18
may not be employed in dangerous or harmful work, and minors
under 15 years of age may not be employed as workers. A
system fixing minimum wages on industry and regional bases was
introduced by the Minimum Wages Law of 1959. The Ministry of
717
JAPAN
Labor effectively and efficiently administers the various laws
and regulations concerning workers, including those governing
occupational health and safety, principal among which is the
Industrial Safety and Health Law of 1972.
718
KIRIBATI
Kiribati's 33 islands, scattered across an enormous area of
the central Pacific, total about 750 square kilometers and are
populated by about 63,000 people. Most of the people are a
Micronesian and Polynesian mixture. Kiribati gained full
independence from the United Kingdom in 1979 and became a
republic within the Commonwealth of Nations. It has a
nationally elected president and a 35-member legislative
assembly elected by universal suffrage. The economy is very
small; the majority of the population is engaged in subsistence
agriculture and farming. Isolation and meager resources,
including poor soil and limited arable land, severely limit
prospects for economic developm.ent . Fishing is viewed as one
of Kiribati's few economic hopes. There were no important
human rights issues in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no politically motivated killings by the Government
or by opposition political parties.
b. Disappearance
There were no disappearances, nor was there any evidence of
people being abducted, secretly arrested, or clandestinely
detained.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and inhuman or degrading punishment or other such
treatment are forbidden by the Constitution, and there were no
reported instances of such practices.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution contains safeguards against arbitrary arrest
and detention which are observed in practice. There is no
exile, internal or external. Forced labor is prohibited and
is not known to be practiced.
e. Denial of Fair Public Trial
The right to a fair public trial is assured by law and
observed in practice. The Constitution provides that an
accused person be informed of the nature of the offense with
which he is charged and be provided adequate time and
facilities to prepare a defense. The right to confront
witnesses, present evidence, and appeal convictions is
enshrined in law. The judiciary is independent of government
interference. There are no special courts for political or
security offenses. Kiribati has no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The privacy of the home is protected in law and respected by
the Government. There is no arbitrary intrusion by the State
or political organizations into the private life of the
individual .
719
KIRIBATI
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press are provided for in the
Constitution and observed in practice. Kiribati's radio
station and sole newspaper are government owned. There are
also newsletters and other periodicals published by churches
in Kiribati. Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
Kiribati's Constitution provides for freedom of assembly and
association, including the right of a person to form or belong
to associations for the advancement or protection of his
interests. There are no significant restrictions in practice.
The right to strike is provided for by law. However, strikes
are rare, the last one having taken place in 1980. Kiribati
has a relatively strong and effective trade union movement.
In 1982 the 7 trade unions registered in Kiribati merged to
form the Kiribati Trade Union Congress (KTUC) . It has
approximately 2,500 members, most of them drawn from the
public service. The KTUC is affiliated with the International
Confederation of Free Trade Unions and is involved in an
ongoing trade union education program under the auspices of
the International Labor Organization (ILO).
c. Freedom of Religion
Complete freedom of religion prevails in Kiribati. There is
no state or preferred religion. Missionaries are free to seek
converts and actively do so.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Kiribati citizens are free to travel within the country and
abroad. There are no restrictions on repatriation. Kiribati
has no displaced persons.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Government of Kiribati is chosen by the people in free and
open elections. Kiribati has no formalized party system. The
"government" faction in Parliament generally has consisted of
those representatives chosen by the President for cabinet
posts, while the "opposition" factions are those who have
coalesced to oppose the President on a given issue. Sometimes
members of the "government" faction also oppose the President.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no reported allegations of human rights
violations by the Government of Kiribati nor any known
requests for investigations. There are no local
nongovernmental organizations which concern themselves with
human rights. The Government has not taken an active interest
in international affairs, including international human rights
matters. Kiribati is not a member of the United Nations.
720
KIRIBATI
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution prohibits discrimination on the basis of
race, creed, or national origin. Traditional culture in which
males are dominant has been an impediment to women taking a
more active role in the economy. This is slowly changing, and
more women are finding work in the unskilled and semiskilled
occupations. There were no reports of discrimination in the
provision of social services by the Government. Education is
free and compulsory through the first six grades.
CONDITIONS OF LABOR
Kiribati law prohibits the employment of children under age 14,
Children age 15 are prohibited from industrial employment and
employment aboard ships. Males under age 16 may not be
employed in mines. Males under age 18 are prohibited from
employment at night and may not work aboard ships unless
suitably trained and certified medically fit. Females may not
work at night except under specified circumstances (generally
in service jobs such as hotel clerks) . Women are provided up
to 12 weeks of maternity leave and are entitled to not less
than 25 percent of their regular salaries during such leave.
Nursing women are allowed one-half hour twice a day during
working hours to nurse a child.
Employment laws also provide basic health and safety standards
for the workplace. Employers must, for example, provide an
adequate supply of clean water for their workers and must
ensure the existence of sanitary toilet facilities. Employers
are liable for expenses of workers injured on the job. The
Government's ability to enforce employment laws is constrained
by a lack of qualified enforcement personnel, a situation it
is attempting to remedy by improvements in training of the
relevant personnel. Although legislation authorizing the
Government to set minimum wages exists, it has not been
implemented yet. The Government is reviewing an ILO-funded
study on procedures for establishing minimum wages.
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DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA*
The Democratic People's Republic of Korea (DPRK) , formed in
1948 during the Soviet administration of the northern half of
the Korean peninsula, is a Communist dictatorship maintained
by the ruling Korean Workers' (Communist) Party (KWP) , with
its overriding aim of retaining absolute power and enforcing
unanimous popular support for the country's governing system
and its leader, Kim II Sung. Individual rights are entirely
subordinated to the KWP. Pro forma elections to the Supreme
People's Assembly were held in November 1986, but the
Government allows no genuinely free elections.
The North Korean regime subjects its people to rigid
controls. In a society professing to be "classless," there
are strong indications that a de facto, anachronistic caste
system has developed. The State establishes security ratings
for each person; these ratings determine access to jobs,
schools, medical facilities, and stores as well as admission
to the KWP, the route to the highest levels and privileges of
the society. The party, government, and military elite enjoy
significant economic privileges unavailable to the people,
such as access to special stores and medical facilities,
better housing, and better education.
The Government, through its centralized economy, has been able
to provide a basic, if Spartan, standard of living for its
people. Despite some modest economic progress, however. North
Korea remains a less-developed country with a stagnating
standard of living and a worsening balance of payments problem.
No evidence suggests that North Korea has improved its
extremely poor human rights performance. Both short- and ,
long-term trends indicate continued one-family rule with scant
respect for basic human rights and human dignity. The regime
severely punishes "crimes against the State." The Government
imprisons or, more often, exiles to remote villages with their
entire families, persons who fail to conform to the dictates
of the State. The atavistic belief that persons are guilty by
association, that entire families share in the guilt of
alleged enemies of the State, plays a dominant role in
administering punishment. Surveillance by informers is
prevalent. The authorities allow no outside information other
than that approved and disseminated by the Government to reach
the general public, although senior government officials are
somewhat better informed.
President Kim II Sung ' s 14-year effort to groom his son, Kim
Chong II, as his successor testifies to the enormous power the
elder Kim has amassed during 39 years of rule. The younger
Kim has been elevated to several senior party positions during
*The United States has no diplomatic relations with the
Democratic People's Republic of Korea (DPRK). North Korea
forbids representatives of governments that do have relations
with it, as well as journalists and other invited visitors,
the freedom of movement that would enable them to assess
effectively human rights conditions there. Most of this
report, therefore, is a repeat of previous human rights
reports based on information obtained over a period of time
extending from well before 1987. While limited in scope and
detail, the information is indicative of the human rights
situation in North Korea today.
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DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
the last few years. An absence of public debate about the
succession also suggests a lack of real popular participation
in the political process.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Little information is available on whether politically
motivated killing occurs in North Korea. The regime, according
to several defectors, has summarily executed certain political
criminals .
b. Disappearance
There is no information available on disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
According to the Freedom House 1985-86 Report, "torture is
reportedly common" in North Korea. The accounts of torture
and beatings of crew members of the USS Pueblo after their
capture in 1968 are well-known and documented. Another
reliable source on prison conditions and treatment of
prisoners in North Korea is Venezuelan poet Ali Lameda, whom
the authorities detained from September 1967 through 1974,
allegedly for attempted sabotage and espionage. While
physical torture was not used on Lameda, he states that Korean
prisoners were routinely beaten. Lameda notes that "beating
was also used as a means of persuasion during interrogation."
Lameda reports the use of deprivation of food to force
"confessions," as well as solitary confinement, continuous
interrogation, enforced waking periods, poor or nonexistent
medical treatment, and 12 hours of forced labor per day. In
addition, the regime denies prisoners family visits, parcels,
correspondence, writing materials, newspapers, and clothing
changes. The Government regards prisoners as having no rights.
Much of what Lameda has reported has been corroborated by Choi
Un-Wui and her husband. Shin Sang-Ok (hereinafter referred to
as the Shins), the Korean film producer and actress, who
reportedly were kidnaped by North Korean operatives and who
left North Korea in 1986. Although Shin witnessed no beatings
during his incarceration, he heard repeated stories of such
treatment. Shin personally experienced many of the other
forms of torture mentioned by Lameda, including denial of
sleep, starvation rations, and solitary confinement, as well
as being required to sit motionless for long periods of time.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Information on specific criminal justice procedures and
practices in North Korea is extremely scarce. North Korea has
refused to permit outside observation of its legal system and
practices. The accounts provided by the crew members of the
USS Pueblo, Lameda, and the Shins comprise virtually all the
specific information available on the operation of the
criminal justice system in North Korea.
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DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
North Korean law provides that prisoners may be held for
interrogation for a period not to exceed 2 months. This
period may be extended indefinitely, however, if the
Interrogation Department obtains approval of the Chief
Prosecutor. Lameda states that he was detained for 12 months
without trial or charge. Government authorities ridiculed his
request for a lawyer of his choice and an open trial as
"bourgeois." Shin notes that it is very difficult for family
members or other concerned individuals to obtain information
regarding charges being leveled against an accused person or
even where an accused person is being detained. Habeas corpus
or its equivalent does not exist in law or in practice.
According to newspaper reports. North Korean defectors in
South Korea estimate that in 1982 the regime was holding at
least 105,000 "ideological offenders" in 8 major labor camps.
The Shins believe this estimate to be understated (some
estimates range as high as 150,000 detainees) and state that
the plight of political prisoners has worsened over the last
few years. As one example, the Shins note that 10 years ago
the authorities allowed political prisoners family visitors
and gifts, but now deny both. The Shins further report that
the Government punishes the families of political detainees
for the political beliefs of their relatives. It is not
unusual, according to the Shins, for the State to banish
entire families to outlying rural regions. Amnesty
International has received unconfirmed reports of arrests of
those opposed to heir apparent Kim Chong II.
There is no prohibition on the use of forced or compulsory
labor. The Government routinely uses military conscripts for
forced labor. Recent North Korean announcements that it has
demobilized large numbers of troops may signify little more
than that the regime is using those troops as a source of
cheap, easily exploited labor for major construction projects.
The Shins report that conscripts are not told where they will
serve or for how long. Amnesty International's 1987 Report
cites reports that some "political prisoners" were reportedly
sentenced to "corrective labor" which could be served at a
person's normal workplace (working for part or no wages) or at
work in agriculture or mining in areas where conditions are
very harsh.
e. Denial of Fair Public Trial
The DPRK Constitution states that courts are independent and
that judicial proceedings are to be carried out in strict
accordance with the law. All courts, however, are responsible
to the people's assemblies, which effectively provide arbitrary
government control of the judiciary. Article 138 states that
"cases are heard in public, and the accused is guaranteed the
right to defense; hearings may be closed to the public as
stipulated by law." Lameda claims that he was denied a public
trial, as does Shin. Lameda reports that after his first
arrest, the regime imprisoned him for a year without a hearing;
after his second arrest, he was put through a closed session
without benefit of counsel of his choice, or even knowledge of
the charges. His tribunal was under the direction of the
Ministry of Internal Security, with one person serving as both
judge and prosecutor.
The regime did not allow Lameda the right to speak out (other
than to admit guilt) or to defend himself. His "defense
counsel" represented him by making a lengthy speech praising
724
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
Kim II Sung and then requesting a 20-year sentence, which the
tribunal imposed after 5 minutes of deliberation.
In a 1979 interview with American journalist John Wallach,
North Korean Supreme Court Justice Li Chun Uk noted that the
defense counsel's job is "to give the suspect due punishment."
Open court appears to consist of an announcement of the term
of imprisonment, which has already been determined by the
Provincial Safety Bureau.
The Shins note a distinction between political and common
criminals, asserting that the State only affords the latter
trials. North Korea equates "political criminals" with those
who criticize the regime. Other reports suggest that
political offenses range from sabotage to failing to applaud
appropriately at political rallies.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The regime subjects the people to a pervasive program of
indoctrination designed to shape and control individual
consciousness. Preschool children are drilled in homage to
Kim II Sung and his family, while youths and adults are
required to participate in daily ideological training
conducted during school or at places of employment.
Approximately half the school day is devoted to indoctrination.
This is also provided by government-organized neighborhood
units for persons who neither work nor go to school. The
daily indoctrination requires rote recitation of party maxims
and policies and strives for ideological purity. Multiple
North Korean security organizations enforce these controls.
According to reports in South Korean journals, the Government
prevents Japanese wives of Koreans repatriated from Japan
since 1959 from visiting Japan. Because their letters are
subject to strict censorship, many have lost contact with
their families. Some reports suggest that the Government
discriminates against these Japanese wives in other ways,
including access to jobs.
Although the Constitution states that "citizens are guaranteed
the inviolability of person and residence and the privacy of
correspondence," practice is otherwise. Lameda reports the
privacy of his residence was violated and listening devices
used against him. When the authorities arrested him, they
seized and destroyed without warrant all his collected papers
and poetry.
According to the Shins, electronic surveillance of residences
is pervasive and it is common practice for neighbors to report
on one another. In school, the authorities encourage children
to discuss what their parents have said at home. The
Government conducts monthly "sanitation" inspections to check
on household activities. Each house is required to have
portraits of Kim II Sung and Kim Chong II.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution states that "citizens have the
freedoms of speech, the press, assembly, association, and
demonstration," the regime permits such activities only in
support of government objectives. Other articles of the
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DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
Constitution that require citizens to follow the "Socialist
norms of life" and to obey a "collective spirit" take
precedence over individual political or civil liberties.
Amnesty International in its 1987 Report stated that a range
of sources continued to allege that the rights of freedom of
expression and association guaranteed under the International
Covenant on Civil and Political Rights, to which North Korea
acceded in 1981, were strictly curtailed. According to these
reports, persons criticizing the President or his policies
were liable to punishment by imprisonment or "corrective
labor . "
Foreign media are excluded, domestic media censorship is
enforced, and no deviation from the official government line
is tolerated. The regime prohibits listening to foreign media
broadcasts except by high government officials, and violators
reportedly are subject to severe punishment. Most urban
households have a radio and some have television, but reception
is limited to domestic programming. The Government controls
artistic and academic works, and visitors report that the
primary function of plays, movies, operas, and books is to
contribute to the cult of personality surrounding "the great
leader," Kim II Sung, and "the beloved leader," Kim Chong II.
The Shins, who made a number of movies at the behest of the
North Korean leadership, state that movie producers have
political advisers who ensure the ideological purity of the
final product. Actors must undergo background investigations
prior to obtaining a role. They also undergo constant
indoctrination.
b. Freedom of Peaceful Assembly and Association
The Government has developed a pervasive system of informers
throughout the society. No public meetings can be held
without government authorization. There appear to be no
organizations other than those created by the Government. The
state even prohibits apolitical groups such as neighborhood or
alumni organizations. Trade unions and professional
associations exist solely as another method of government
control over the members of these organizations. There are no
effective rights to organize, bargain collectively, or strike.
c. Freedom of Religion
Although the Constitution provides that "citizens have
religious liberty and the freedom of antireligious
propaganda," the regime, in fact, has severely persecuted
Christians and Buddhists since the late 1940's. No churches
have been rebuilt since the Korean War. The regime uses
religious organizational facades to proclaim the practice of
religious freedom, but appears to have long since purged the
original membership. The regime discriminates against persons
whose family or relatives once had a strong religious
involvement. Several reports suggest that the Government does
not currently persecute the very small number of Christians
who continue to worship at home, although the state strictly
prohibits public worship.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The DPRK regime strictly controls internal travel, requiring a
travel pass for any movement outside one's home village; these
passes are granted only for required official or certain
726
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
personal travel. Personal travel is usually limited to
attending the wedding or funeral of a close relative. Long
delays in obtaining the necessary permit often result in
denial of the right to travel even for these limited purposes.
State control of internal travel is also ensured by a ration
system that distributes coupons valid only in the region
issued.
Reports, primarily from defectors, indicate that forced
resettlement, particularly for those deemed politically
unreliable, is common. Permission to reside in, or even
enter, Pyongyang, the capital, is strictly controlled.
Foreign travel is limited to officials or trusted artists and
performers. The regime allows no emigration, and few refugees
or defectors succeed in fleeing the country. The regime
retaliates against the relatives of those few persons who
manage to escape. According to Freedom House, "rights to
travel internally and externally are perhaps the most
restricted in the world: tourism is unknown--even to
Communist countries."
In 1959 North Korea began actively encouraging Korean
residents overseas to repatriate to "the Fatherland." Some
observers estimate that during the next several years over
100,000 overseas Koreans, almost all from Japan, voluntarily
repatriated to North Korea. Since then, however, reports of
the harsh treatment given repatriates has reached overseas
Koreans, reducing the flow to a trickle. Because of their
"corruption" by exposure to foreign influences, repatriates
are isolated from North Korean society until they can be
indoctrinated and their ideological reliability gauged.
North Korea has permitted entry to some overseas Korean
residents to visit their relatives, and several have made
repeat visits.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
There is no mechanism by which the citizenry as a whole can
effect transitions in leadership or changes in government.
The political system in North Korea is dominated by Kim II
Sung, who leads the KWP and also heads the Government. Kim
has groomed his son Kim Chong II to succeed him. Over the
last few years Kim Chong II has been acquiring increasing
power and influence. The legislature, the Supreme People's
Assembly, has never taken any action other than unanimous
passage of resolutions presented to it by the leadership. In
an effort to create an appearance of democracy, the DPRK has
created several "minority parties." They exist only as
rosters of officials who have token representation in the
People's Assembly and completely support the government line.
Free elections do not exist in North Korea. Although
elections to the Supreme People's Assembly were held in
November 1986, and to city and county assemblies in March
1983, in all cases the Government approved only one candidate
in each electoral district. According to the government-
controlled media, 100 percent of the voters turned out to
elect 100 percent of the approved candidates. Such
"elections" are an exercise in which people are forced to
participate and to approve the Government's candidate.
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DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
Most citizens have no meaningful participation in the
political process. To achieve even a semblance of real
participation, one must become a member of the KWP. The
selection process for entrance to the party is long and
rigorous. Persons from "bad social backgrounds," (those who
have relatives who fled south during the Korean War, those
whose families had strong religious involvement or were once
property owners or members of the middle class, and those who
have relatives who are political prisoners), are effectively
denied entry into the party. Most levels of the party have no
voice, serving only to carry out the decrees and "on the spot
guidance" promulgated by party leader Kim II Sung and his top
subordinates .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No organizations exist within North Korea to report on or
observe human rights violations. North Korea participates in
no international or regional human rights organizations.
Amnesty International has requested permission to visit North
Korea. The Government has neither responded to nor
acknowledged the request. A December 1982 request by Amnesty
International for information on North Korean laws, on use of
the death penalty, and on reports of arrests and long-term
imprisonment of political figures also received no reply.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution states that "women hold equal social status
and rights with men." However, few women have reached high
levels of the party or the Government. Women are represented
proportionally in the labor force, and personnel in small
factories are predominantly women.
The regime discriminates against the physically handicapped.
Handicapped persons, other than war veterans, are reportedly
not allowed within the city limits of Pyongyang. The dwarf
community has been specifically singled out for harsh
treatment; all members of it have been banished to a remote,
rural region.
North Korea is a homogeneous country and relatively devoid of
minority groups.
CONDITIONS OF LABOR
No data are available on minimum age for employment of
children, minimum wages, or occupational safety and health.
The State assigns all jobs; ideological purity, rather than
professional competence, is the standard used in deciding who
receives a particular job. Laborers have no input into
management decisions and free labor unions do not exist.
Absence from work without a doctor's certificate results in a
reduction in a worker's rations. The Constitution stipulates
a workday limited to 8 hours, but several sources report that
most laborers work 12-16 hour days. The regime's propaganda
euphemistically refers to these extra hours as "patriotic
labor" done on a "voluntary" basis by the workers.
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REPUBLIC OF KOREA
The year 1987 saw dramatic political change in the Republic of
Korea (ROK) , resulting in significant developments in the
human rights situation there. Large street demonstrations
broke out in June, partly the result of widespread
disenchantment with the Government over the death of a student
by torture at police hands in January and the highly unpopular
decision by President Chun Doo Hwan on April 13 to end debate
over constitutional revision.
Faced with continuing protests, on June 29 ruling Democratic
Justice Party [DJP] Chairman Roh Tae Woo, President Chun's
choice as his successor, announced far-reaching democratic
reforms. In addition to acceptance of the opposition's
demands for direct presidential elections, these proposals
included the release of political prisoners, a sweeping
amnesty, and restoration of civil rights, including those of
opposition leader Kim Dae Jung. On July 1 President Chun
accepted Roh's proposal.
In October ruling and opposition parties in the National
Assembly passed a bipartisan constitutional revision bill,
thus paving the way for Korea's first direct presidential
election since 1971. The election took place on December 16.
Four major candidates conducted a fiercely contested campaign,
occasionally marred by violence. Nearly 90 percent of the
electorate participated in the election, in which Roh Tae Woo
emerged as the victor with a plurality of around 36 percent.
These developments basically changed the political environment
in Korea and provide the possibility for further improvement
in the human rights environment.
The Korean Government describes itself as a liberal democracy,
but power under the Constitution of the Fifth Republic was
indisputably centered around President Chun. The Constitution
creating the Fifth Republic in October 1980 was written under
strict martial law conditions. The 1987 bipartisan revision
--to take full effect on the inauguration of the new President
February 25, 1988 — is widely regarded as a key step in Korea's
democratization.
The elected legislature currently has substantially less power
than the executive branch, but it is a major forum for public
debate. The National Assembly's proceedings are reported
extensively by the media, and its influence on public opinion
is considerable. The new Constitution significantly increases
the legislature's authority and constrains the President's
exercise of emergency powers. Changes in the structure of the
legislature and National Assembly elections were pending at
year's end. The judiciary is generally independent and free
of government interference in ordinary criminal and civil
matters, but much less so in politically sensitive cases.
Korea is one of the world's most homogeneous societies. Its
sociopolitical tradition emphasizes order, conformity, and a
subordinate role for women. These attitudes, while changing
somewhat, nevertheless retain great strength, coexisting
uneasily at times with Western democratic ideals. This
tradition and a heavily armed and unpredictable Communist
North Korea, which invaded the South in 1950 and remains
committed to reunifying the entire peninsula under its
control, have caused successive South Korean governments to
give top priority to maintaining external and internal
security.
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REPUBLIC OF KOREA
Koreans do have considerable personal freedom, including
economic and religious freedom, and broad rights to pursue
private interests. Since the mid-1960's, Korea's export-
oriented economy has achieved one of the world's highest
average growth rates. The population has a large and
well-educated urban component. Abject poverty has been
eliminated to a great extent, although there are shortfalls in
urban housing. The rapid growth of the economy has created
many of the social dislocations associated with rapid economic
growth in developing nations, but the already sizable middle
class is growing. Overall access to education, health care,
and wealth is increasing respect for human rights in Korean
society.
Many Koreans have complained that the security threat from the
North, which is genuine, has been used as a pretext by the
Government to suppress legitimate internal dissent. Although
the law enforcement agencies are well trained and generally
well disciplined, excessive use of force has been a continuing
problem, especially prior to June 29. Torture has also
occurred. Although the Constitution provides for freedom of
speech and press, in practice both have been abridged. The
new Constitution promises to make these freedoms a reality.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing:
In January university student Park Chong-Chol died in police
custody after being tortured during questioning about alleged
antigovernment activities. The Park Chong-Chol torture
incident, together with later revelations of an official
attempt to cover up the number of officers involved in the
case, drew widespread public condemnation and contributed
greatly to the outpouring of public sentiment against the
Government in June. Five police officers from the Anti-
Communist Division of the National Police Headquarters (NPH)
were arrested for direct involvement in the torture killing.
They were convicted and sentenced to prison terms ranging from
5 to 15 years. In September 1987, an appellate court reduced
the sentences of these five to from 3 to 10 years. Three
senior police officers were convicted of orchestrating a
coverup of the incident. They were eventually released with
suspended sentences. In mid-January 1988, newspaper stories
on the anniversary of Park's death led to a reopening of the
investigation, leading to the arrest of the head of the Korean
National Police on charges of ordering the coverup.
There were unconfirmed reports that Kim Sang-Won, a day
laborer, died in May as a result of injuries sustained while
in police custody in March. But it was unclear whether the
death was politically motivated or the result of physical
abuse during a criminal investigation.
In the summer, two protesters, one a university student and
the other a shipyard worker, died from injuries sustained
after being struck in the head by tear gas cannisters fired by
police during demonstrations. There was no evidence that the
deaths were premeditated in either case. One riot policeman
was killed during the wave of antigovernment demonstrations in
June after being hit by a bus commandeered by a demonstrator.
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REPUBLIC OF KOREA
b. Disappearance
In January and February, human rights and opposition groups
charged that several students and others accused of
antigovernment activities had "disappeared" after being
apprehended by police and other government security officers.
All were eventually accounted for, but it was subsequently
learned that several had been held incommunicado for extensive
periods in violation of the law, prompting plausible
allegations that they were mistreated while in custody.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Despite Government insistence that it strictly enforces the
constitutional prohibition of torture, incidents of torture
occurred during 1987. In the Park Chong-Chol torture death
case described above, eight police officers were convicted,
five of them receiving prison terms. The Government admitted
official culpability in the Park Chong-Chol case but denied
that other instances of torture had occurred. Nonetheless,
there continued to be plausible reports of other cases of
torture and cruel treatment by government authorities, some as
late as October 1987. There were credible charges that labor
activists
in what was known as the "Namnoryon" (South Seoul Labor
Federation) case were mistreated while being questioned by a
government security agency and that even security agency
officials thought to be disloyal to the regime were tortured.
Korea's large police force is well trained and generally well
disciplined, but at times uses excessive force against
detainees, especially in political cases. Such abuses by the
police are a pervasive and ingrained problem. In 1987 there
were also instances when peaceful demonstrators, including
Protestant clergyman and lay believers, were beaten by
plainclothes police officers. On the other hand, despite
universal proclamations by organizers that demonstrations
against the Government would be peaceful, students and other
protesters frequently engaged in violence, throwing rocks and
homemade Molotov cocktails at police. Riot police have never
fired weapons nor do they employ baton charges in street
confrontations. The authorities claim that the preemptive use
of tear gas prevents injury or loss of life.
Conditions in Korean correctional institutions are austere,
especially in winter. Cells are unheated. Discipline is
strict. Prisoners who break rules or protest conditions are
sometimes beaten. Generally, prisoners are permitted visits
only by lawyers and members of their immediate family. There
does not appear to be a major discrepancy in the overall
treatment between political and regular prisoners in this
respect, but there continued to be periodic reports in 1987 of
confrontations between political prisoners, mainly ex-students,
and prison authorities. Opposition and human rights groups
have contended that political prisoners are beaten and
subjected to mistreatment by their jailors because of their
political views. The Government insists that prison
authorities exercise only the minimal force necessary to deal
with prisoners' defiance of authority.
Charges of police beatings occasionally occur in nonpolitical
cases and are sometimes reported in the press. In late
December 1986, the Supreme Court acquitted four people on
separate murder and robbery charges because the confessions
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REPUBLIC OF KOREA
used against the defendants during their trials had been
obtained under duress. Similarly, the Supreme Court in
September 1987 overturned a lower court conviction because the
defendant was held in seclusion for 35 days and beaten
repeatedly to coerce him into making a false confession.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Arrest warrants are required by law but sometimes are not
presented at the time of arrest in politically related cases.
The Supreme Court ruled in 1985 that police may not detain a
suspect for more than 48 hours without issuing a formal arrest
warrant. Furthermore, authorities are required to notify the
family or lawyer of a suspect's detention and whereabouts
within 3 days of making a formal arrest. An indictment must,
be handed down within 30 days of the arrest. The Constitution
also assures the right to prompt legal assistance and to review
of an arrest by a court. These requirements are not always
observed, however, particularly in cases involving suspected
violators of security-related laws.
Beginning in October 1986 and continuing through the early
part of 1987, the authorities conducted sweeping roundups of
suspected antigovernment "leftists." During this campaign,
there were numerous violations of legal protections governing
arrest warrants and timely notification to family members and
lawyers. Relatives of some suspects apprehended by authorities
were unable to ascertain the whereabouts of those detained for
several days and even weeks, prompting charges that some of
them had "disappeared," even though all were eventually
accounted for. Another politically motivated roundup of
"leftists" occurred late in the year without widespread
violation of legal protections.
Habeas corpus, not traditional in Korean law, was introduced
after World War II, abolished in the 1970's, and reintroduced
in 1980. Although arguably inconsistent with the old and new
Constitutions, which state that all persons arrested or
detained shall have the right of review of the legality of the
arrest or detention, under the Code of Criminal Procedure
habeas corpus does not apply to those charged with violations
of the National Security Law or laws governing crimes
punishable by at least 5 years' imprisonment. Many political
offenses are therefore excluded. There is a system of bail,
but it does not apply to offenses punishable by 10 or more
years' imprisonment. In 1985 the Government adopted a new
policy to compensate persons held for questioning who are
subsequently found innocent by prosecutors. The courts
started to apply this provision in 1987.
Dissidents who openly criticize the Government are sometimes
charged with "spreading groundless rumors," detained for short
periods of usually less than 10 but sometimes up to 30 days,
and then released. Police and the security agencies
periodically increase surveillance of, or put under various
forms of house arrest, those they believe "intend to violate
the law." Such surveillance is allowed under the Social
Safety Act, which the Korean Federal Bar Association contends
is in part unconstitutional under both the new and old
Constitutions. This law permits measures including "protective
surveillance," "residential restriction," and "protective
custody" of certain persons considered likely to break the
law. These restrictions were used against opposition
politicians and religious and other dissidents, particularly
on days when antigovernment rallies and demonstrations were
planned.
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Opposition politician Kim Dae Jung, for example, was placed
under house arrest several times in 1987, including for more
than 2 months on one occasion. Since July 1987, his movements
have not been restricted. He ran a vigorous campaign for
president in the fall.
In 1987 the Government investigated dissident and student
organizations and made many arrests on national security
grounds for alleged pro-Communist, pro-North Korean, or
antistate activities. Government critics claimed that in many
of the cases the charges were trumped up by the Government to
suppress dissenting views. There were occasional charges that
the Government identified suspected student activists for
immediate conscription into the armed forces. (Military
service is required of all Korean males, but students are
normally given deferments in order to complete their
education). Students convicted of antigovernment activities
were sometimes required to sign statements of repentance and
undergo "reorientation programs" (usually consisting of
lectures, slide shows, etc., on the dangers of communism)
before being eligible for release.
Preventive detention of persons deemed "socially dangerous" is
allowed under provisions of the Social Safety Act (referred to
as the Social Stability Law in previous reports) and the Act
for the Protection of Society (previously called the Social
Protection Law) . The Social Safety Act provides that certain
security offenders, including suspected North Korean agents,
can be kept under varying degrees of restriction and
surveillance as long as they are believed to constitute a
security threat. A judicial panel can order preventive
detention for a fixed term of 2 years after the completion of
the original prison sentence. This incarceration can be
extended by the panel for additional 2-year periods
indefinitely. The Government declines for national security
reasons to reveal the number of prisoners being detained under
the Act and maintains that it is applied mainly to security-
related offenders, such as North Korean spies. The Protection
Act also provides for preventive detention--"protective
custody"--f or 7 to 10 years. The law appears designed for
habitual criminals, the mentally ill, and drug addicts rather
than security offenders.
Prisoners judged to be insufficiently repentant are sometimes
held following the completion of their original prison
sentences. Two such inmates held under the Social Safety Act
are Soh Jong-Shik and Kang Jong-Kon. Soh is a Korean resident
of Japan who finished his original 7-year sentence for
violating the national security law in 1978. Kang Jong-Kon,
also a Korean resident of Japan, completed his 5-year sentence
in 1981. Their continued internment has been criticized by
international and domestic human rights groups, including the
Korean Federal Bar Association. In October 1987, the Supreme
Court ruled that the Social Safety Act was constitutional,
dismissing a lawsuit filed by Soh challenging the legality of
his detention.
In early 1987, the death of an inmate at a government-
subsidized welfare center for the destitute in Pusan led to an
official investigation which revealed that large numbers of
inmates were being held against their will at the center and
forced to work for the private gain of the director. The
director was convicted and sentenced to a 4-year prison term.
Charges of gross negligence by local officials responsible for
social welfare implicated the Government indirectly in the
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REPUBLIC OF KOREA
forced labor practices at the center. Further accusations
were made that authorities accepted such facilities as useful
places to dump "troublemakers" and made little effort to
oversee them. The incident prompted calls for a review and
reform of the country's network of welfare centers. There
have been no reports of forced labor in prisons.
e. Denial of Fair Public Trial
The Constitution enumerates many rights of defendants,
including a presumption of innocence, protection against
self-incrimination, freedom from ex post facto laws and double
jeopardy, the right to a speedy trial, and the right to legal
counsel. These rights are generally observed. Trials, with
some exceptions, must be held within 6 months of arrest.
The President appoints members of the Supreme Court, whose
Chief Justice in turn appoints lower court judges. There is a
three-tier system for criminal cases: district court, appellate
(high) court, and the Supreme Court. The judiciary is
generally considered independent in ordinary criminal and
civil litigation but much less so in politically sensitive
cases .
Most trials are open to the public, but attendance was
occasionally restricted at politically sensitive trials in
1987. In such instances, the court permitted only a few close
relatives of the defendants to observe proceedings from the
gallery. The Government has maintained that these measures
are necessary to maintain order in the courtroom because of
occasional attempts by unruly defendants and onlookers to
disrupt proceedings. Judges generally allow considerable
scope for examination of witnesses by both prosecution and
defense. The courts have, however, sometimes denied defense
requests to call "expert" witnesses to discuss the political
or ideological leanings of the defendants, even when the
prosecution has introduced evidence on such topics. The right
of defendants to be represented by an attorney is respected,
but attorneys are sometimes denied permission to meet with
defendants until after they are referred to prosecutors by the
police or other security/investigative agencies.
Although trials are usually open to the public, trial
documents are not part of the public record. Charges against
defendants are clearly stated. In lengthy and complex
indictments, however, the relationship between specific acts
alleged and violations of particular sections of the penal code
is not always clearly drawn. In cases involving a mixture of
political and criminal charges, this lack of clarity can bring
into question the fairness of the proceedings. Political and
ordinary criminal cases are both tried by the court system
described above. Military courts do not try civilians.
Defendants have the right of appeal in felony (including
politically related) cases, a right often exercised and
frequently resulting in reduced sentences. Death sentences
are automatically appealed.
The number of political prisoners fluctuated considerably
during 1987. In national security cases, neither the
Government nor Korean law distinguishes between criminal acts
of violence and actions such as disseminating "subversive"
literature (including North Korean propaganda). The Government
has in the past been reluctant to acknowledge that any
prisoners were "political prisoners" per se. At the beginning
of 1987, when the Government was conducting a large-scale
734
REPUBLIC OF KOREA
roundup of suspected "leftist" activists, human rights and
opposition groups claimed that as many as 2,000 political
prisoners were being held.
A major component of the democratization reforms announced
June 29 by the ruling Democratic Justice Party Chairman Roh
Tae Woo was the release of political prisoners. Consequently,
in July and August, the Government released a large number of
political prisoners in a series of special clemencies. During
this time, the Government also granted amnesty and restored
civil rights to more than 2,300 individuals, including
prominent opposition politician Kim Dae Jung. In August the
Government claimed that it was holding no more than about 100
political prisoners, all of whom it contended had been
convicted by the courts of being ideological "leftists" and
revolutionaries who sought to subvert society through violence
and other means. Human rights groups acknowledged that large
numbers of prisoners, mainly students, had been released, but
claimed that the number of real political prisoners still
being held was closer to 400.
During the summer numbers of people were arrested in connection
with growing labor strife. Beginning in September, authorities
began to apprehend significant numbers of suspected student
activists, including key leaders of the National University
Student Council Alliance ( "Chondaehyop" ) . Many of these
students were accused of violating the National Security Law
by allegedly forming subversive organizations, plotting to
undermine the presidential election, and fomenting social
unrest. Other arrests were made during and after the
presidential election campaign. By the end of 1987, human
rights groups estimated that there were around 1,200 political
prisoners, a figure given credence by the Government's
announcement in early January 1988 that about 1,200 prisoners,
including Kim Keun Tae, recipient of the 1987 Robert Kennedy
Human Rights Award, might be released in a special amnesty in
honor of the presidential inauguration on February 25.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Many political, religious, and other dissidents are subjected
to varying methods and degrees of surveillance by government
security agents. During politically sensitive periods, this
surveillance by one or more security agencies may increase, or
a form of house arrest may be imposed or both. The tapping of
telephones and the opening or interception of correspondence
is believed to be prevalent. Koreans who meet with foreigners,
particularly with journalists, diplomats, and human rights
representatives, are often questioned afterward.
Listening to North Korean radio broadcasts is strictly
prohibited by law, and is punishable by a prison sentence.
Reading or purveying books or other literature considered
subversive, pro-Communist, or pro-North Korea is also illegal
and a punishable offense. In 1987, as in previous years,
several people, mostly students, were arrested and charged
with violating the National Security Law for both types of
offenses .
The Constitution requires a warrant issued by a judge upon
request of a prosecutor for search and seizure in a residence.
The police, however, at times force their way into private
homes or offices without warrants. There are frequently large
numbers of uniformed and plainclothes police in city centers.
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REPUBLIC OF KOREA
near university campuses, government and ruling party offices,
and media outlets because of fear of antigovernment
demonstrations. Citizens, particularly students and young
people, are sometimes stopped, questioned, and searched.
Government informants are known to be posted on and around
university campuses. Traditional Korean police practice
requires police commanders to be familiar with the personal
and business affairs of residents in their jurisdictions.
This system has generally proved effective in combating
ordinary crime, and urban residents generally credit it with
keeping streets safe. But the large police presence near
campuses has the primary purpose of keeping track of and
discouraging students from engaging in political activities,
and it has been a key complaint of students, faculty members,
and administrators.
In most other respects, the Government honors the right of
personal privacy and the integrity of the home and family.
Persons thought to have politically suspect backgrounds,
however, are denied some forms of employment and advancement,
particularly in government, the media, and education.
Although corroborating evidence is sketchy, it is widely
believed that the Government maintains a blacklist of labor
and student activists. According to reliable reports, the
Government periodically pressures large business corporations
and other enterprises into making "voluntary contributions,"
and threatens tax audits or the elimination of favorable loan
conditions for those who fail to comply.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
During the latter half of 1987, the media was more open in its
coverage of events. Although freedom of speech and press is
provided for in the Constitution, in practice the expression
of opposition viewpoints has often been restricted, sometimes
severely.
Although National Assemblymen enjoy immunity from prosecution
for remarks made within the Assembly, they are not immune from
prosecution for what they write or say outside the chamber.
Opposition parliamentarian Yoo Sung-Hwan was arrested in
October 1986 for prior dissemination of an Assembly speech in
which he suggested that the first priority of the Government's
"national ideology" should be unification of the peninsula and
not anticommunism. He was convicted in April 1987 of violating
the national security law and sentenced to 1 year in prison.
Yoo was released from custody in July 1987, however, and
returned to active politics.
In 1980 the Chun government enacted a Basic Press Law, merged
broadcasting networks and newspapers, established a government-
owned public television corporation, and prohibited national
newspapers from stationing reporters in provincial cities.
Media organizations were required to have a license to
operate. There are also criminal code provisions against
spreading "rumors which eventually disturb peace and order" or
"defiling the state." Government critics say that such
statutes were used to muzzle and punish dissident views. In
response to continuing public criticism over its restrictive
provisions, the Basic Press Law was abrogated by the National
Assembly in October. Ruling and opposition parties were
unable to agree, however, on a replacement law to govern the
publication of newspapers and periodicals and the broadcast
media .
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REPUBLIC OF KOREA
Under the old Basic Press Law the domestic media engaged in
"self-censorship" according to "guidelines" issued regularly
by the Government orally or in writing to editors. Journalists
who objected to or ignored these guidelines, or who printed
critical stories on politically sensitive topics were
occasionally picked up for questioning and intimidated by
security officers. After abrogation of the Basic Press Law in
late 1987, reports persisted that the Government tried to give
"guidelines," but the press felt less constrained to follow
them.
Four major national daily newspapers frequently carry articles
critical of the Government. Two other national dailies are
much less independent. A leading dissident group led by a
former journalist dismissed in the 1970's announced plans to
start an independent newspaper in 1988. Certain news items
are taboo, including any direct criticism of the President or
members of his immediate family. Praise of or support for
communism or North Korea is also strictly prohibited.
The two major television networks are controlled by the
Government. Although opposition viewpoints are usually aired,
coverage is biased. Opposition positions are often downplayed
and distorted. In 1987 opposition and dissident groups
continued to urge a public boycott of the television viewers'
fee collected by the Government. In October the Government
granted permission for the Christian Broadcasting System
(CBS), which is affiliated with a leading dissident Christian
organization, to resume limited newscasts banned since the
early 1980's.
In late 1986, three journalists were arrested and charged with
violating the National Security Law for publishing a series of
"press guidelines" issued by the Government to a leading
national daily newspaper. The "Mai" ["words"] case, as it
came to be known, was reported extensively by the press and
stirred considerable public debate. The three journalists
were all convicted in 1987, but the court released them by
suspending execution of their prison terms.
The Government announced in October that it was lifting the
ban on the sale of 419 books previously deemed "illegal," and
that only 219 books would remain on the banned list. Less
than 2 weeks after the announcement, however, government
authorities searched bookstores in Seoul, confiscating
hundreds of "blacklisted" books and detaining some bookstore
owners and publishers for questioning. In 1987 the Government
invoked the National Security Law at least a dozen times
against publishers, printers, and distributors for producing
or selling "subversive, ideological" literature.
Professors are expected to play an active role in preventing
campus demonstrations, a task many find objectionable. In
1987 some 1,400 professors and faculty members signed
petitions and other statements critical of President Chun's
April 13 decision to halt public debate over constitutional
revision. There is no evidence of retribution. In the past,
however, some professors who signed politically critical
statements were later subjected to various pressures and
punishments. In some instances, universities withheld
promotions and salary increases, yielded to government
pressure and demanded apologies, denied funds or grants to
pursue research abroad, or pressured professors to resign from
administrative positions.
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REPUBLIC OF KOREA
b. Freedom of Peaceful Assembly and Association
A number of specified categories of assembly, including those
considered likely to "undermine public order or cause social
unrest," are prohibited by the Law on Assemblies and
Demonstrations. The law also requires that demonstrations of
all types, including political assemblies, be reported in
advance to the police, who may declare an assembly "unlawful."
Violation of the law carries a maximum sentence of 7 years'
imprisonment or a substantial fine. Most peaceful nonpolitical
assemblies take place without official supervision or
restriction .
Meetings of opposition and dissident groups are closely
monitored and sometimes blocked, often by placing the featured
speaker under some form of house arrest. In 1987 the
Government prevented several opposition-sponsored gatherings
on grounds they might incite "social unrest" and were
therefore illegal. During the fall presidential campaign,
however, the opposition and government parties held a number
of large rallies, including some attended by over a million
people. Students are generally permitted to hold
demonstrations and rallies on campus, but police almost always
block attempts to march into the streets. Confrontations
ensue, often leading to violence. Radical students sometimes
attempt to create such encounters with the police.
Under the Constitution, workers are assured the rights of
independent association, collective bargaining, and collective
action. In the past these rights have been seriously
circumscribed in practice and law. Under present legislation,
the rights do not apply to certain categories of workers,
primarily government employees, the armed forces, policemen,
and firefighters.
The single national labor center, the Federation of Korean
Trade Unions (FKTU) , and its 16 national affiliate federations
and unions are not directly controlled by the Government. An
amendment to the Labor Union Law in October 1987 now permits
workers to organize industrial or vocational trade unions
nationally. The old law limited unions to individual
enterprises, with some minor exceptions such as some taxi and
bus drivers.
The political activities of federations and unions are,
however, limited by law. The Government has also interfered
with their other activities. For example, in 1987 the FKTU
leadership was pressured by the Government and ruling party to
issue a statement supporting President Chun's controversial
April 13 decision to end constitutional revision negotiations
between the ruling and opposition parties. Labor organizations
are prohibited by law from endorsing a particular political
party or politician, although the FKTU frequently lobbies the
government and National Assembly in connection with labor and
welfare-related issues.
The FKTU is affiliated with the International Confederation of
Free Trade Unions (ICFTU). The FKTU's constituent federations
and unions are affiliated with recognized international trade
secretariats. The Government has observer status at the
International Labor Organization (ILO) and aspires to become a
full-fledged member. A tripartite delegation regularly
represents Korea at major ILO conferences and functions.
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REPUBLIC OF KOREA
Widespread labor unrest broke out across the country for about
3 months beginning in July, shortly after DJP Chairman Roh's
June 29 announcement of reforms. Through the first 10 months
of 1987, more than 3,000 labor disputes were recorded by the
Ministry of Labor, compared to 276 in all of 1986. During the
strikes, there were work stoppages and other collective
actions, most of them technically illegal. Workers demanded
trade union autonomy, higher wages and compensation, and
improved working conditions. Although most strikes and other
collective actions by workers were relatively peaceful, some
labor-related protests were violent. The Government generally
displayed restraint during labor unrest. Later the police
began arresting workers and student activists accused by the
Government of either engaging in violence or clandestinely
inciting laborers and attempting to imbue them with "leftist"
ideology. Although the Government subsequently freed many
detained workers, an estimated 250-300 were believed
to be still in custody in mid-November.
Largely in response to the labor upheavals, the National
Assembly in October revised some provisions of the trade union
and related laws to liberalize requirements and other
administrative procedures for organizing workers. The
changes, if observed in practice, should strengthen the
relative bargaining power of unions, which previously tended
to be weak vis-a-vis employers and the Government in wage and
other labor issues. The National Assembly failed, however, to
repeal the ban on political activities by organized labor.
Amendments to the labor laws in 1986 removed the FKTU and its
affiliates from the category of "third parties" barred from
lending assistance to local unions or intervening in labor
disputes. Other religious, dissident, and "nonof f icial" labor
groups, such as the Catholic Young Christian Workers (JOC) and
Protestant Urban Industrial Mission (UIM) , continued to be
prohibited by law from assisting legally established unions.
c. Freedom of Religion
There is no state-favored religion in Korea. There is
generally complete freedom for proselytizing, doctrinal
teaching, and conversion. The faith of political figures,
such as those contending for the Presidency, is not a
political issue. Korea both sends and receives missionaries
of various faiths. Many religious groups in Korea maintain
active links with members of similar faith in other countries.
Foreign missionaries, although generally welcome, are sometimes
subjected to various forms of harassment by immigration and
other government authorities if they have extensive dealings
with Korean political activists or directly criticize the
Government .
The Government and Koreans in general do not discriminate
against minority sects. Adherence to a particular faith
confers neither advantages nor disadvantages in civil,
military, or official life. Churches and religious groups,
however, are subject to most of the restrictions on political
activities and criticism of the Government that apply to other
institutions. Many of the most vocal and well-organized
critics of the Government are religious in nature; these
include Catholic, Protestant, and Buddhist groups. Police in
1987 occasionally hindered religious services when they were
scheduled to coincide with a political or human rights related
rallies. Clergy and lay believers were sometimes harassed by
authorities for their political or social activism or for both.
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REPUBLIC OF KOREA
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Except for criminals and some figures considered politically-
suspect, most Koreans can obtain passports for overseas travel
in officially approved categories like business. Christian
activists, opposition politicians, and other dissidents whom
the Government believes may "defame the State" while abroad
are sometimes prevented from leaving the country. Religious
dissidents are sometimes prevented from attending church
conferences abroad at which "sensitive" political topics like
human rights or national reunification are to be discussed.
In November the Government refused to issue a passport to Ms.
In Chae Keun until it was too late for her to come to the
United States for the 1987 Robert Kennedy Memorial Human
Rights Award ceremony at which she was to receive the award on
behalf of herself and her husband, Kim Keun Tae, who has been
in jail since 1985.
Citing foreign exchange considerations and the problem of
unqualified students going abroad, the Government limits the
number of passports issued to tourists and prospective
students. Limitations on tourist travel were, however,
somewhat liberalized in 1987. Because Korea is one of the
most densely populated countries in the world, the Government
encourages emigration and does not discriminate against
prospective emigrants.
A small but continuing influx of Indochinese refugees
continues to be admitted to temporary first asylum in Korea.
They are cared for at a camp in Pusan by the Korean Red Cross
until they can be resettled abroad. Few have been permitted
to resettle permanently in Korea.
There is universal freedom of movement and freedom to change
employment within Korea, with the exception of the temporary
house arrest previously described.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The President has been the center of power in modern Korea.
This concentration has been reinforced by traditional political
attitudes, law, and practice, and intensified by the support
the President enjoys from the military and security agencies,
and by the Government's active role in economic development.
No local autonomy currently exists in Korea; the President and
members of the National Assembly are the only elected
officials .
In August 1980, under strict martial law conditions. President
Chun Doo Hwan promulgated the new Constitution establishing
the Fifth Republic. Claiming that this Constitution was
democratic and fair. President Chun expressed his preference
for selecting his successor through an indirect election
system. The opposition claimed that would be tantamount to
permitting Chun to name the next president and demanded direct
presidential elections.
In 1986 Chun responded to increasing pressure from the
opposition and said he would "not object" to revising the
Constitution provided it was the product of bipartisan
agreement. The ruling party proposed a parliamentary cabinet
system with a strong prime minister elected by the National
Assembly, arguing that such a system would help redress the
740
REPUBLIC OF KOREA
overconcentration of power in the presidency. The opposition
refused to budge from its demand for direct presidential
elections, which, it contended, reflected the will of the
majority of the people.
With talks between the ruling party and the opposition
stalemated, on April 13, 1987 President Chun unilaterally
ended public and National Assembly debate over constitutional
revision. He argued that there was a "pressing need" not to
waste "national energy" on constitutional revision with
important "national tasks," like the 1988 transfer of power
and hosting of the Olympic Games in Seoul little more than
1 year away. Chun's decision led to widespread civil
disturbances that rocked the country in June. DJP Chairman
Roh's dramatic June 29 announcement promising democratic
reforms and direct presidential elections ended the protests.
In October, after intense negotiations, the ruling and
opposition parties produced a bipartisan consensus on a
constitutional revision. The agreement called for a directly
elected president to serve one 5-year term beginning February
1988. In late October, Koreans overwhelming approved the
constitutional revision package in a free and fair national
referendum. On December 16, a national election for the
presidency took place. There were four major candidates for
President: Roh Tae Woo, opposition leaders Kim Dae Jung and
Kim Young Sam, and Kim Jong Pil, a former prime minister and
close confidante of the late President Park Chung Hee . The
election campaign was hard fought and sometimes marred by
violence. Nearly 90 percent of the electorate voted. Roh Tae
Woo emerged the victor with a plurality of around 36 percent,
winning approximately 2 million more votes than his closest
competitor. While Kim Jong-Pil, the head of the most
conservative opposition party, conceded victory to Roh
immediately, the opposition parties led by Kim Young Sam and
Kim Dae Jung challenged the outcome, alleging fraud.
The opposition parties had observers in both voting places and
ballot counting posts. While there appear to have been
numerous instances of irregularities and abuses of Korean
election laws, the available evidence does not suggest
systematic fraud of a kind which would call into question the
overall election results. Although they protested election
irregularities, the two Kims immediately began work on
participation in the National Assembly elections scheduled for
early spring 1988. President-elect Roh pledged to continue
efforts to realize greater democratization. Some student and
opposition groups staged protests against the "rigged
elections." Nevertheless, the public as a whole appeared
willing to accept the election results as an important first
step in the process of political development.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Republic of Korea does not welcome outside involvement in
the human rights area, but government and ruling party
officials have generally been willing to meet with
international human rights interest groups, such as Amnesty
International, the International Human Rights Law Group, and
Asia Watch. Representatives of these groups are, however,
closely watched during the time they are in Korea. Some have
had documents and other materials confiscated at the time of
their departure from Korea, and occasionally visas have been
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REPUBLIC OF KOREA
denied such persons when they have subsequently applied for a
return visa.
According to the Government, public prosecutors and the human
rights division of the Ministry of Justice are responsible for
protecting human rights and investigating violations. The
Government has admitted some human rights problems, but claims
it is taking steps to address them. For example, in the wake
of the Park Chong-Chol torture killing in January, the
Government promised to take all necessary measures to prevent
a recurrence and set up a Human Rights Protection Committee
under the Office of the Prime Minister. The Committee met a
few times but was inactive for much of the rest of the year.
The National Assembly and political parties also have
committees which are concerned with various aspects of human
rights. Human rights issues, like the release of political
prisoners and allegations of prisoner mistreatment, continued
to be important issues in political debate. The human rights
committees of the major opposition parties were active in
investigating allegations of abuses, visiting prisons, meeting
with prisoners and their families, and providing legal defense
for court cases.
Several politically nonaffiliated private organizations are
active in promoting human rights, chiefly the Human Rights
Committee (HRC) of the Korean National Council of Churches
(KNCC) , the Catholic Justice and Peace Committee, the Family
Members Movement for the Realization of Democracy
( "mingahyop" ) , the Korean Federal Bar Association, and the
Korea Legal Aid Center in Seoul. These groups publish reports
on the human rights situation in Korea, submit petitions to
the Government, and make their views known both inside and
outside Korea. People working with these groups are sometimes
questioned and detained. Their offices are searched and
materials periodically confiscated by the security services.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Republic of Korea with more than 41 million inhabitants is
densely populated and racially and culturally homogeneous.
There are no ethnic minorities of significant size. Despite
the cultural homogeneity of its people, regional rivalries
exist in Korea. Many Koreans believe that persons from the
southwestern region (North and South Cholla provinces) face
some discrimination, and that successive governments led
predominantly by figures from southeast Korea (North and South
Kyongsang provinces) and other areas have neglected the
economic development of the Cholla region. The present
Government claims that it is making particular efforts to
encourage the development of the Cholla region.
In Korea, with its conservative Confucian tradition, women are
subordinate to men socially, economically, and legally.
Nonetheless, women are free to vote, become government
officials, and hold elected office. In 1987 Hong Sook-Ja, a
former career diplomat representing the Social Democratic
Party, became the first woman in Korea's history to run for
president, although she subsequently dropped out and joined
the campaign of Kim Young Sam. Women enjoy full access to
educational opportunities. They are increasingly represented,
though still largely at the entry level, in government and the
private sector.
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In general, however, women are not protected against
discrimination in hiring, pay, or advancement. They are
commonly expected to resign from jobs upon marriage or
pregnancy. Women's organizations and members of the National
Assembly are trying to focus more attention on women's rights.
The Family Law was revised in 1960 and 1979, but critics
contend that the law is still inconsistent with Korean
constitutional provisions of sexual equality. For example,
women do not have equal rights with men in passing on
citizenship to their children, nor do they have equal rights
with regard to child custody in divorce cases. Women's rights
groups have continually campaigned for changes in these and
other points of the family law.
CONDITIONS OF LABOR
The Labor Standards Law governs the employment of minors and
female workers. Minors under age 13 must have a special
permit issued by the Ministry of Labor to be employed. Minors
under age 18 must have a parent or guardian's written approval
in order to work. They are prohibited from working at night
without special permission from the Ministry of Labor.
Certain labor-intensive industries, such as wearing apparel,
textiles, footwear, and small electronics assembly,
traditionally employ large numbers of recent junior high
school graduates, generally aged 15-17, for full-time
production line work. These young workers are generally
treated like other regular full-time employees and therefore
are not always accorded the full protections to which they are
entitled by law.
The Labor Standards Law provides for a maximum workweek of 60
hours, 1 paid day off a week, compensation for overtime and
holiday work, paid holidays, and annual leave. Recent
government statistics indicate that the average full-time
industrial worker spends more than 55 hours per week on the
job--one of the highest rates in the world. Workers are
usually compensated for overtime work, but unions often
complain that extensive overtime, often in excess of legal
limits, is mandatory. On January 1, 1988, the Government
implemented a two-tier minimum wage system and an ambitious
national pension system for industrial workers. It also plans
to expand eligibility for medical insurance benefits.
Although the Ministry of Labor has not yet released the
year-end figures, there were estimated to be more than 1,500
work-related fatalities in Korea in 1987. The Government has
pledged to take stronger measures, including fines and
imprisonment, to curb employer abuses. Government critics
cite the continued high incidence of such accidents as
evidence of lax enforcement procedures on the part of
government investigators.
743
LAOS
The Lao People's Democratic Republic (LPDR) is a totalitarian,
one-party. Communist state. The Lao People's Revolutionary
Party (LPRP) is the source of all political authority in the
country, and the party's leadership imposes broad and arbitrary
controls .
The LPRP came to power in 1975 after a protracted and bitter
insurgency, supported by North Vietnam, whose military,
political and economic assistance during that conflict was
invaluable to it. Vietnamese influence, codified in a 25-year
Treaty of Friendship and Cooperation signed in 1977, continues
to be pervasive. The leaders of both Lao and Vietnamese
Communist parties have been comrades in arms and colleagues in
government for over three decades; hence they share many
ideological, political, and economic perceptions. In addition,
Vietnam stations between 40,000 and 50,000 troops in Laos to
guarantee the security of the regime. Laos also receives
large amounts of economic, technical, and military assistance
from the Soviet Union. The Government constantly proclaims
its indissoluble link to Vietnam and Cambodia as a loyal
member of the Indochina group of nations and of the "Socialist
community of states."
Nonetheless, unlike every other Socialist state, the LPDR has
no constitution and no published code of law. The individual
is subject to the arbitrary control of the State and the LPRP.
No national elections have been held since the establishment
of the regime. A constitution is reportedly in draft, but
there has been no announcement yet about its promulgation.
Laos' approximately 3.6 million ethnically diverse people,
scattered thinly over difficult terrain about the size of
Oregon, have no common national history and share few
traditions. National institutions are weak. The policies of
the LPRP, particularly in its first 5 years, as well as very
difficult economic conditions in general, have driven about
325,000 Lao into exile since 1975. Among those refugees were
most of the educated elite; hence the LPDR has a shortage of
teachers, administrators, and technicians in all fields. This
has made the task of development--and Laos is one of the
poorest countries in the world--more difficult than ever.
There appears to be little enthusiastic support for the regime.
Several armed Lao resistance groups, supported financially
from abroad, continue their activities along the Lao-Thai
border and in selected areas inside Laos. Although the regime
cites these groups as a menace to its safety and security, in
fact they pose no serious threat to it.
Human rights violations continued in 1987, although, on the
basis of the limited information available, the number of
reported violations may have decreased since the formation of
the LPDR in 1975. However, the limited availability of
information makes it difficult to confirm such a trend.
Reeducation camps, the regime's preferred instrument for
inducing obedience, continued to decline in population and an
undetermined number of camps have been closed. Some former
camp prisoners have been permitted to obtain passports and
exit visas and have been able to travel overseas.
Economic reforms in the past year have introduced a greater
choice of consumer goods and greater freedom to associate for
profit. Provinces have been encouraged to engage in direct
trade with foreign commercial concerns in certain economic
744
LAOS
fields. This, coupled with traditional provincial autonomy (a
historical consequence of rugged topography and poor
transportation and communications) has meant a slight but
noticeable brightening of daily life in many parts of the
country.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There have been reports that Lao government and Vietnamese
patrols have fatally shot persons fleeing from Laos as well as
those entering the country illegally. In those instances in
which the LPDR confirms such incidents, it generally claims
that the persons were smugglers or suspected members of the
Lao resistance.
An unknown number of people are killed annually in combined
Lao/Vietnamese military operations against resistance forces.
Many of the insurgents appear to be former Royal Lao Army
troops and Hmong tribesmen. Both sides are reported to use
brutal tactics, with the antigovernment forces attempting
assassination and ambush of Lao, Vietnamese, and other
Communist military and civilian personnel. There are also
recurrent reports of attacks by bandit groups in isolated or
interior areas on vehicles bearing government officials and on
civilian buses. Official policy calls for the execution of
resistance leaders, but no such executions were reported in
1987.
In mid-March international attention focused on a press story
of three Hmong (a Lao highland minority) groups who were
pushed back from Thailand and reportedly suffered casualties
after their forced return. Similar reports surfaced in
November. The Government has denied such casualties, but
international organization representatives have thus far not
been allowed to contact these groups to verify their safety.
The Lao Government has denied knowledge of these incidents.
b. Disappearance
There were numerous cases of secret arrest and removal of
persons to reeducation camps in the first years of the current
regime. In the last several years reports of disappearances
have decreased, however.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
A relatively small number of "reeducation" prisoners continue
to be held in harsh conditions. Former prisoners have reported
that punishment for misbehavior could include brutal public
beatings, shackling, deprivation of food, and sometimes, for
those who tried to escape, torture with electric shocks or
execution. Some inmates have died from malnutrition.
Government officials have publicly denied reports of
mistreatment of persons in reeducation camps.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Government continues to maintain a number of reeducation
camps, or "seminar camps," in which persons who served the
745
LAOS
previous government, or who have offended the current one, are
imprisoned. Accurate figures for camp populations are not
available, but rough estimates are that 2,000 persons are
still detained.
Since 1979 conditions in most of the camps have improved
noticeably, and a number of the camps have been reported
closed.
Most detainees now live in a kind of internal exile with
severe restrictions on their freedom of movement. Generally,
these conditions are no worse than those of poor Lao living in
the countryside. Many reportedly have been assigned to
collective farms or construction units inside their former
camps. Some are on probation or cannot obtain necessary
travel documents. Others who have lost property and families
are reported to have chosen to remain in areas near the camps
to begin new lives.
In 1987 government officials claimed, as they had in 1985,
that nearly all soldiers and officials sent to the camps in
1975-76 had been released and that "only a few" remained in
detention. The accuracy of that statement cannot be verified.
There are accounts, however, that 'groups of camp detainees
were released in late December 1986-January 1987, in February,
and again in May-June. Release of some categories of detainees
appears to have become more regular over the past year.
Those accused of hostility to the regime or of what the
Government calls "socially undesirable habits," such as
prostitution, drug abuse, idleness, and "wrong thought," are
sent to "rehabilitation" centers, usually without trial. Most
of these persons have been allowed to return to their homes
after periods ranging from a few months to several years of
hard labor, political indoctrination, and admission of guilt.
e. Denial of Fair Public Trial
No code of law exists in Laos, and there is no guarantee of
due process. The Government has promulgated interim rules and
regulations for the arrest and trial of those accused of
specific crimes, including armed resistance to the Government.
Although the regulations allow an accused person to make a
statement presenting his side of the case, they provide no
real opportunity for the accused to defend himself and do not
permit bail or use of an attorney. Rather, the Government has
issued instructions on how to investigate, prosecute, and
punish wrongdoers. These instructions are applied capriciously
and inconsistently. People can be arrested on the unsupported
accusations of others and detained while the accusations are
being investigated, without being informed of the charges or
of the identity of the person making the accusations.
Investigations often take a long time unless family members
and friends take a strong interest in the case. Government
officials and their families easily can influence the judgments
reached. There is some provision for appeal, although
important political cases tried by "people's courts" are
without an appeals process. Death sentences must be approved
by the Council of Ministers. Lao regulations call for
judgment to be given in public. This often amounts to a
public announcement of the sentence and not a public trial.
746
LAOS
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Search and seizure are authorized by the security bureaus
themselves rather than by an impartial judicial authority, and
government regulations, which are not always followed, provide
little protection for the persons affected. International and
domestic mail is selectively opened on a routine basis. Mail
from China and non-Communist countries is particularly suspect.
Telephone calls frequently are monitored. Privately owned land
may not be sold but may be inherited. Houses, appliances, and
other private property can be sold only with difficulty in most
cases, since the possession of large amounts of cash in this
poor country draws immediate government suspicion.
Inheritances cannot be passed on to relatives who have left
the country as refugees and acquired another nationality.
The Government makes no attempt to stop Lao from listening to
foreign radio stations such as the Voice of America, nor from
setting up antennas to bring in Thai television from across
the Mekong River. The state security apparatus monitors
family life extensively through a system of neighborhood
wardens and informers.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Public expression of opposition to the Government is not
permitted, and persons who indulge in such activity have been
jailed. Newspapers and the state radio are subservient to the
LPRP and to the Government, reflecting only their views.
Ordinary Lao citizens may not import foreign news magazines or
books; censorship is strict. Academic freedom does not exist.
b. Freedom of Peaceful Assembly and Association
The Government controls all meetings and, except for
religious, athletic, and communal events, organizes them.
Individuals do not have the right to join together to promote
nonregime-sponsored activities nor to protest government
policies. All associations--such as those for youth, women,
workers, and a "peace organization"--are government-controlled
and authorized "mass organizations." These are organized to
exercise government control and disseminate government
policy. All professional groups are organized by the party,
and their leadership is ordinarily drawn from party ranks.
Lao associations are permitted to maintain relations with
like-minded politically acceptable organizations in other
countries, particularly those in Communist countries.
Ordinary Lao citizens are permitted association or contact
with foreigners only in unusual circumstances, usually
involving their work.
Trade unions are organized as "mass organizations" of the
party without the right to engage in collective bargaining.
They have no real influence in determining working conditions.
c. Freedom of Religion
Nearly all Lao are Buddhists or, in the case of most highland
groups, animists. In official statements, the Government has
recognized the right of the people to free exercise of
religious belief as well as the contributions religion can
make to the development of the country.
747
LAOS
Many Lao believe, however, that the Government is engaged in a
long-term effort to subvert the role of religion because it
considers the maintenance of temples and the activities of
monks nonproductive and because it objects to an active group
with an independent system of beliefs. This effort includes
carefully controlling the education of young monks and
compelling the Buddhist clergy to propagate elements of
Marxist-Leninist doctrine. Further, since 1975, the Government
has periodically taken over Buddhist and Christian places of
worship for use as government schools, offices, and fire and
police stations, as well as for political indoctrination
centers and warehouses. Nonetheless, since the Third Party
Congress in 1982, the Government has eased its stand on
Buddhism. While it has not, so far as is known, contributed
to the restoration of temples and religious institutions, it
has not opposed efforts of the faithful to do so.
Monks remain the only social group still entitled to special
honorific terms of address, which even high party and
government officials continue to use. Buddhist clergy are
prominently featured at important state and party functions.
Religious festivals are permitted to take place without
hindrance. Young people regularly enter into religious orders
for short periods.
Links may be maintained with coreligionists and religious
associations in other countries only in cases approved by the
Government, usually involving other Communist countries. Most
traditional links to Thai Buddhists have been severed.
Missionaries are not formally banned from entering Laos to
proselytize, but in most cases they are denied permission.
Many top party officials still participate in religious
ceremonies, but members of the military are forbidden even to
have Buddhist funerals.
Roman Catholics and Protestants are permitted to worship, but
the activities of their churches are closely observed.
Vatican officials visited Laos in 1987 to meet with the Bishop
of Vientiane, as well as with local church and government
officials. However, the Government did not permit the Bishop
of Vientiane to travel to Bangkok to meet with Pope John Paul
II when he visited southeast Asia last year. Attendance at
Christian services continues to require discretion. Since
1975 Christians have not been permitted to operate schools,
seminaries, or associations.
The Government takes steps including the use of media to
persuade highland minority groups to abandon their "old
fashioned" animist beliefs.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Lao citizens must obtain permission from the authorities for
all internal travel of any distance and in all cases when
crossing provincial boundaries. Non-Lao residents in
Vientiane must in principle obtain permission to travel
outside it, and in practice, except for nationals of a very
few countries, such permission is rarely granted. A curfew is
enforced intermittently in the capital and other major
cities. Its rules change from time to time, often without
notice. Government officials have cited threats of
"disorders" created by "reactionary elements" as the reason
for the restrictions.
748
LAOS
Foreign travel is permitted for officials, students in
government-approved programs, and some others who have access
to foreign exchange. Few Lao are permitted to study or train
in non-Communist countries, even at their own expense. Exit
visas, which are required, are not easy to obtain, but
restrictions have been eased over the past 2 years. For
pensioners, the elderly in general, and those with hard
currency, it seems less difficult to obtain exit visas than in
the past, and the number of travelers to the West and to the
United States has increased sharply--although the absolute
numbers are still small. Border crossing permits are available
for those with business in Thailand. The number of permits
increased in 1987 in keeping with the opening of additional
border trade locations and the reduction in the number of items
restricted by the Thai Government for trade with Laos. The
permits are not, however, granted automatically and may be
denied for political or personal reasons.
The Government states that those wishing to emigrate may do
so. In practice, however, legal emigration is rarely
authorized for ethnic Lao. To guard against emigration, those
permitted to travel must often leave their families behind as
a guarantee of their return. Since 1975 over 325,000 Lao have
registered as refugees in Thailand. An unknown number have
crossed the border and simply settled with kindred ethnic
groups .
Some of those fleeing are fired upon and killed by Lao or
Vietnamese border patrols as they attempt to cross the Mekong
River. Government authorities have imprisoned many Lao
seeking to leave the country illegally.
The Lao and Thai Governments have agreed to take back, on a
case-by-case basis, those of their respective citizens who
have illegally crossed into the other country and now wish to
return home. Since May 1980, when agreement was reached with
Thailand and the United Nations High Commissioner for Refugees
(UNHCR) on a voluntary repatriation program, over 3,000 Lao
voluntarily have returned to Laos under the auspices of the
UNHCR. Those accepted for return receive several days of
political indoctrination and then are released to return to
their homes, where they are placed under the control of
village authorities. The UNHCR provides basic necessities for
the returnees and monitors their treatment and living
conditions thereafter. There appears to be no official
harassment or maltreatment of these voluntary returnees, and
UNHCR officials have not been prevented from visiting them.
In addition, perhaps as many as 10,000 persons have
repatriated themselves without official involvement.
The Lao Government also has agreed in principle to take back
Lao in Thailand whom the Thai have determined do not meet the
requirements for refugee status. Although procedures for the
return of these "screened-out" Lao were worked out between the
two countries in late 1986, it was not until October 1987 that
the first small group of Lao was repatriated. A second,
larger group returned in December.
Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government
Laos is ruled by a small elite of the LPRP, the sole party.
There is neither freedom to participate in politics outside
the party nor popular choice of policies or officials. After
the Communists seized power in May 1975, but before the
749
LAOS
establishment of the present regime in December of that year,
local elections were held in which voters chose from a list of
candidates selected by the party. Reportedly, those local
officials not only constituted the National Council of
People's Representatives, which proclaimed the LPDR, but also
chose the Supreme People's Assembly, although the latter
process was not publicized. There have been no national
elections. A few "by-elections" have been organized to
replace representatives who have died or been transferred.
Citizens are not free to change their system of government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Laos does not cooperate generally with private international
organizations interested in human rights. However, it does
occasionally permit visits by officials of international human
rights organizations if the purpose of the visit is not
specifically related to allegations of human rights
violations. In mid-1986 Amnesty International wrote to
government officials concerning allegations that Laotian armed
forces had killed 35 Lao refugees in Thailand, including women
and children, as punishment for leaving Laos and suspected
involvement in armed opposition activities. In response, the
Government provided Amnesty International with an official
statement denying responsibility for the incident.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Traditionally, women in Lao society have been subservient to
men and often discouraged from obtaining an education. Today
the active, government-controlled Lao Women's Federation has
as one of its stated goals the achievement of rights for women
"equal" to those of men. The Government claims that a higher
percentage of women make up the school population now than
before 1975, and that women are being encouraged to assume a
greater role in economic and state-controlled political
activity.
Approximately half of the population in Laos is ethnic Lao,
also called "lowland Lao;" 20 percent are tribal Thai; 15
percent are Phoutheung (or Kha); and another 15 percent are
other highland groups (Hmong, Yao, and others). The
Government is attempting to integrate these groups and
overcome traditional antagonisms between lowland Lao and
minority groups.
The Hmong are split on clan lines. Many were strongly
anti-Communist; others sided with the Communist Pathet Lao and
the Vietnamese. The Government is repressive toward all groups
that fought against it, especially those continuing to resist
its authority by force. The Hmong tried to defend some of
their tribal areas after 1975, and some continue to support
anti-LPDR resistance groups. Vietnamese and Lao armed forces
conduct military operations against both resistance groups,
the minority-based ones in the north and the resistance forces
from lowland Lao groups, mainly in southern Laos.
The Government wants to resettle in the lowlands some ethnic
minorities who now inhabit mountainous areas. After
resettlement they would be under closer government control and
engage in settled agricultural production rather than
destructive slash-and-burn techniques. For this purpose, the
750
LAOS
Government has reportedly relied on a voluntary program based
on material inducements. The situation for local ethnic
Chinese has been marked by government suspicion and
surveillance in the period after 1979 when Sino-Lao relations
deteriorated seriously. These relations appear to be
improving. At the September 1987 meeting of the Front for
National Construction, state and party leaders called for
cooperation with and from the Chinese (and south Asian)
merchant communities. A majority of the Chinese community
departed in the post-1975 period, largely for economic
reasons. Those who remain have maintained Chinese schools in
Vientiane and Savannakhet and Chinese associations in several
provincial capitals.
CONDITIONS OF LABOR
Laos has set neither minimum wage, maximum workweek, nor
safety or health standards for the workers in its almost
entirely rural and agricultural economy. Public wages in
particular remain extremely low. Workweeks typically are
under 48 hours, with some exceptions, such as during urgent
road-building or construction projects. Workplace conditions
are not systematically exploitative, but they sometimes fail
to protect workers adequately against sickness or accident.
Work permits customarily are not issued to persons under age
18, although children frequently work with their parents in
traditional occupations such as farming and shopkeeping.
751
MALAYSIA
Malaysia is a multiethnic society. Malays comprise a bare
majority of the population, the remainder consisting of a
substantial Chinese (about 33 percent), large Indian (about 10
percent), and several smaller minorities. Since independence
in 1957, Malaysia has had a parliamentary system of government
based on free elections contested by several parties, almost
all of which are racially based. The ruling National Front
(composed of three major and several minor parties and
dominated by ethnic Malays) has won a two-thirds or better
majority in the federal Parliament in all seven general
elections since 1957, but opposition parties are active and
vocal participants in the political system and occasionally
hold power at the state level. A strong free market economy,
abundant natural resources, and a relatively small population
have helped Malaysia become one of the most prosperous of the
developing countries.
Internal security in Malaysia has been seriously threatened
twice. A major Communist insurrection began in 1948 and peaked
in the early 1950's; it still smolders in a few border areas.
In intercommunal rioting following the 1969 national elections,
several hundred persons reportedly died. In addition, since
1983 the Government has explicitly classified the cour.iiry's
serious drug problem as a threat to national security. The
remnants of the Communist insurgency, the possibility of
renewed communal conflict, and widespread drug abuse are cited
by the Government as justification for laws allowing preventive
detention of persons suspected of subversive activity or of
other activities, including drug crimes. Other laws empower
the Government to restrict the right to free expression and
association. These laws, though seldom used, were strengthened
by amendment in December 1987.
Until the end of 1987, Prime Minister Mahathir's administration
had been relatively restrained in its use of Malaysia's
internal security legislation to deal with political offenses.
By mid-October, the number detained under the Internal Security
Act (ISA) had been sharply reduced to at most 27, and possibly
somewhat lower, from about 500 when Mahathir took office in
1981. However, in late October and early November, in an
effort it said was necessary to avoid serious racial strife,
the Government detained 106 persons under the ISA, closed 3
newspapers, and banned all public assemblies. By early
January 1988, the Government had freed 65 of these detainees,
issued 2-year detention orders for 33, and had yet to clarify
the status of the remaining 8.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings by the Government
or by any other organization.
b. Disappearance
There was no evidence of abduction, secret arrests, or
clandestine detention attributable to the Government or to
nongovernmental or opposition forces.
752
MALAYSIA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There was no evidence of torture. Allegations of cruel,
inhuman, or degrading treatment or punishment are rare.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Government can detain suspects without benefit of judicial
review under three laws: the 1960 Internal Security Act (ISA),
the Emergency Ordinance of 1969, and the Dangerous Drugs Act
of 1985.
The 1960 Internal Security Act (ISA), spawned by the Communist
insurgency of the 1950's, is aimed at controlling internal
subversion. The ISA empowers the police on their own
authority to hold suspects for up to 60 days; further
detention (in renewable 2-year segments) must be authorized by
the Minister of Home Affairs. The Minister must inform
detainees of the charges against them and give them the
opportunity to protest those charges to an advisory board.
The advisory board must also review each case at least every 6
months. However, neither advisory board decisions nor
recommendations are binding on the Government. In late June,
the Ministry of Home Affairs told the Bar Council that the
number of ISA detainees stood at 27. As of mid-October, the
number may have fallen further to about 20, according
to an informed human rights source. However, in late October
and early November, Malaysian authorities, citing the need to
act to avoid serious racial strife, arrested 106 persons under
the ISA. Among those detained were opposition and government
politicians, social critics, environmentalists, religious
activists, and academics. By early January 1988, the
Government had released unconditionally 55 of the detainees,
freed 10 with restrictions, issued 2-year detention orders for
33, and had yet to clarify the status of the remaining 8. In
addition, in early May, four persons were detained under the
ISA for suspected involvement in a series of bombings in
Sarawak. In early October, three more were arrested under the
ISA: two for "spreading false information" about Muslims
converting to Christianity, and one for his connections to the
pro-Iranian Al-Quds Liberation Movement.
The Emergency Ordinance of 1969 stemmed from that year's
communal riots. The state of emergency proclaimed then has
never been rescinded, although Parliament regained its
legislative power, suspended as part of the emergency, in
1971. The Emergency Ordinance gives the Government the power
to detain anyone "in the interests of the public safety or the
defense of Malaysia." As under the ISA, detainees must be
informed of the charges against them, and they can appeal to
an advisory board. In contrast to the ISA, however, the
Emergency Ordinance allows the Government to detain suspects
for a maximum of 2 years, although upon release it can put
them under "restricted residence" for an additional 2-year
period. The Government has relied on the Emergency Ordinance
to detain suspected major narcotics traffickers when it has
insufficient evidence to prosecute them under drug laws.
During the 2 years prior to September 1987, the Government
detained under the Emergency Ordinance about 340 drug
suspects, an unknown number of whose cases have subsequently
been considered under the provisions of the Dangerous Drugs
Act described below.
753
MALAYSIA
The Dangerous Drugs (special preventive measures) Act of 1985,
adopted after extensive public hearings by a parliamentary
select committee, gives the Government a specific law under
which suspected drug traffickers can be detained. It
strengthens the Government's hand in that suspects can be held
for successive 2-year periods. However, certain due process
safeguards not found in the Emergency Ordinance were
incorporated in the antidrug law. An "inquiry officer" must
both receive a copy of the police report to the Minister of
Home Affairs which recommends detention and also submit his
views to the Minister. Also, the opinion of the advisory
board, following either its initial hearing or its periodic
reviews of each case, is binding on the Minister. Finally,
the act expires after 5 years unless reaffirmed by Parliament.
It is believed that about 450 suspects were in detention under
this statute in September 1987 (as noted above, this figure
may include some persons who were originally detained under
the 1969 Emergency Ordinance) .
Malaysia is a party to the International Labor Organization
(ILO) Convention 105 prohibiting forced or compulsory labor.
Malaysia has effective legal sanctions against such abuses,
although the ILO has in the past criticized Malaysia for
requiring prisoners and ISA detainees to work. Malaysia
defends the practice as part of its prisoner rehabilitation
program.
e. Denial of Fair Public Trial
The Malaysian judiciary is generally regarded by the public
and the legal community as committed to the rule of law.
Although the courts have rarely challenged legislation, they
have not hesitated to rule against government prosecutors in
specific cases, both civil and criminal.
Ordinary (nonsecur ity-related) civil and criminal cases are
tried under a fair and open judicial system derived from
British jurisprudence. Charges must be levied against a
defendant within 24 hours of arrest, and police must decide
within 14 days whether to bring the case to court. Defendants
have the right to counsel, and lawyers are able to represent
clients without penalty to themselves. Bail is available, and
strict rules of evidence apply in court. Defendants may
appeal lower court decisions to the federal courts and, in
criminal cases, may also appeal for clemency to the King or
local state rulers, as appropriate.
Persons detained under security legislation and for certain
classes of crimes, if their cases are brought to trial, are
tried under special procedures contained in the Essential
(security cases) Regulations of 1975. The accused is allowed
counsel but does not receive a statement of the evidence;
trial is by a single judge without a jury; witnesses may be
examined in the absence of the accused. Admissible evidence
includes hearsay and secondary evidence, testimony of children
and spouses, self-incriminating statements to police, and
information from seized records or communications. If the
accused is found guilty, the judge must impose the maximum
penalty. For certain internal security crimes, including the
possession of firearms, the mandatory sentence is death. In
1987 at least four persons were executed after conviction
under the ISA for illegal possession of firearms.
754
MALAYSIA
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the ISA, the police may enter and search without warrant
the homes of persons suspected of threatening national security
and confiscate evidence from them.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for free speech, and in practice
there are very few constraints on freedom of expression in
conversations or private communications. However, the
Constitution also provides that these rights may be restricted
by legislation "in the interests of secur ity . . . (or ) public
order." Thus, the Sedition Act of 1948, strengthened by
amendment in 1970, prohibits public comment on constitutionally
protected but "sensitive" issues such as citizenship rights for
non-Malays and the special position of Malays in society.
Since 1970 the Government has brought only a few cases under
the Sedition Act, and in the most recent instance in 1986, the
defendant, the president of the Bar Council, was acquitted.
Freedom of the press is assured, and a wide range of fact and
opinion has been available in newspapers published in four
languages: Bahasa, English, Chinese, and Tamil. However, this
freedom has been subject to important limitations. The
Government or the business arms of the leading political
parties in the ruling coalition own almost all the major
newspapers, as well as all of the radio and television
stations. Furthermore, by virtue of the Printing Presses and
Publications Act of 1984 (which strengthened similar provisions
in the 1948 Printing Presses Act), all domestic and foreign
publications must apply annually to the Government for a
permit. In 1986 the Government under this act banned the
Asian Wall Street Journal for 3 months, but rescinded its
order after the Supreme Court ruled that the Government must
"show cause" for its actions. In September 1987, the courts
again intervened by directing the Home Ministry to review its
decision to refuse a permit for the public interest group
Aliran to publish a magazine in Bahasa Malaysia (Malay). The
ministry has not yet announced the results of its review.
(Aliran, which is often critical of the Government, already
publishes a magazine primarily in English which includes
articles in Bahasa.) Despite these favorable court rulings,
the media exercise considerable self-censorship.
The detentions under the ISA in the fall and their aftermath
have further restricted freedom of the press. On October 28,
the Government, using powers granted it by the 1984 Printing
Presses and Publications Act, revoked the publication permits
of three newspapers: the Star (English), the Sin Chew Yit Pao
(Chinese), and the Watan (Bahasa). Moreover, in December
Parliament passed amendments to the 1984 Act which further
tightened government control of the press. Publishing
"malicious" news, with malice "presumed in default of evidence
showing that the accused took reasonable measures to verify
the truth of the news," is now a punishable offense. The
Minister of Home Affairs may now ban any domestic or foreign
publication on the grounds that it contains material "which is
likely to alarm public opinion." The amendments also
explicitly prohibit court challenges to the Minister's
decision to suspend or revoke publication permits. The impact
of these actions on the climate of press freedom is likely to
755
MALAYSIA
be substantial for some time to come, although it remains to
be seen how the Government will actually use the enhanced
power granted it by the amended legislation.
Amendments to the Official Secrets Act (OSA) in early 1987
greatly broadened the definition of an "official secret" to
include cabinet and cabinet committee documents, state
executive council documents and those of its committees, and
documents concerning national security, defense, and
international relations. Although public protest reduced
somewhat the scope of the amendments, human rights advocates
complain that the act still prohibits access to much
information not linked to national security. The Government
has prosecuted (successfully) one case under the OSA in each
of the past 3 years, two against newsmen and one against a
lawyer .
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of freedom of
peaceful assembly and association, though again the
Constitution also permits limitation of those rights by
legislation in the interest of security and public order.
Thus the 1967 Police Act requires police permits for large
public assemblies. In practice, until October 1987, few such
gatherings, even for specifically political purposes, were
prohibited. In October the Government banned all public
assemblies. Furthermore, amendments to the Police Act, passed
in December 1987, stiffen or establish penalties for
organizers, attendees, and even onlookers of unauthorized
assemblies. Other statutes which limit the right of
association include the controversial Societies Act under
which the Government can refuse registration to organizations
which comment unfavorably on political or public issues. The
threat of deregistration under this act tends to inhibit
lobbying by public or special interest organizations, but does
not suppress such activity entirely. Also, under the
Universities and University Colleges Act, student associations
must be approved by the Ministry of Education and are
prohibited from engaging in political activity.
The Trade Unions Act, 1959, and the Industrial Relations Act,
1967, govern the rights of workers to engage in trade union
activity. The latter specifically prohibits any person from
interfering with, restraining, or coercing a worker in the
exercise of the right to form or participate in the lawful
activities of a trade union. Unions may bargain collectively
with an employer, form federations, and join international
labor organizations. The law gives the registrar of trade
unions considerable power over the recognition of unions and
the approval of their constitutions. In addition, an
individual union is restricted by law to representing workers
in a "particular trade, occupation, or industry or within any
similar trades, occupations, or industries." Union leaders
claim that the registrar has used this provision and his power
to determine the definition of a related industry to restrict
the activities of certain unions. Federations of trade unions
similarly may cover only a single trade or industry. As a
result, only a federation for public servants and one for
teachers have been registered. The Malaysian Trades Union
Congress (MTUC) , the main labor body in the country, is
registered under the Societies Act. MTUC leaders have in the
past requested, unsuccessfully, registration as a federation
under the Trade Unions Act.
756
MALAYSIA
Labor standards in free trade zones are the same as those in
the rest of Malaysia, but union leaders and some workers have
been dissatisif ied with their inability to obtain recognition
for a union in the foreign-owned electronic components industry
based in the free trade zones. (Conditions of employment and
wages in electronic components manufacturing plants are among
the best in Malaysia's manufacturing sector.) When the plants
were first established in the early 1970's, an attempt was made
by the Electrical Industry Workers' Union (EIWU) to organize
the workers. The registrar determined that the EIWU could not
organize workers in electronic components factories because
they were not part of the electrical product manufacturing
industry. The MTUC attempted in the early 1980 "s to organize
electronic components workers, but the high court determined
in 1985 that the MTUC did not have standing in this matter as
it does not represent electronics workers and is not a trade
union. It is widely believed that the Government, as an
inducement to electronics component manufacturers in the free
trade zones, has promised such firms varying periods of union-
free operation. In addition, enterprises granted "pioneer"
status are protected against union demands for terms of
employment more favorable than those specified in the
Employment Ordinance of 1955 during the period of their
pioneer status (normally 5 years).
Labor legislation grants Malaysian workers the right to strike,
but union leaders complain that the 1980 amendments to the
Trade Union Act of 1959 and the Industrial Relations Act of
1967 interfere with their right to strike and to bargain
collectively without fear of coercion. In a complaint to the
ILO, the MTUC alleged that the 1980 amendments contain
prohibitive and oppressive antiunion provisions which erode
the basic rights of workers, restrict union activities, and
result in government and employer interference in the internal
administration of unions. In 1983 the ILO urged the Malaysian
Government to amend these laws further to bring them into
conformity with the ILO Convention on the right to organize
and to bargain collectively. Many union leaders also believe
that creation of the industrial court to handle industrial
disputes weakened their collective bargaining rights. The
Industrial Relations Act of 1957 requires the parties to
notify the Ministry of Labor that a dispute exists before any
industrial action may be taken. The Minister then has the
power to refer the dispute to the industrial court, which
effectively becomes compulsory arbitration. Industrial action
is prohibited while the dispute is before the industrial court
and no action may be taken in respect of an award made by the
industrial court. In 1985 the MTUC and the Malaysian Employers
Federation initiated a joint seminar on Malaysia's labor laws
in which Ministry of Labor personnel participated. Both the
MTUC and the MEF have suggested changes in legislation to
expand the right to organize and bargain collectively. The
only change so far taken up by the Government is a proposal to
clarify the status of house unions by amending the Trades Union
Act of 1959. The MTUC opposes this change.
As of December 1986, there were 401 individual unions in
Malaysia with just over 600,000 members (11 percent of total
employment). Several unions have recently lost members as a
result of the replacement of union-organized plantation
workers with unorganized contract labor and of the 1985-86
recession, which particularly affected the most organized
sectors of the economy. Unions are not permitted to engage in
political activity, but individual trade union leaders have
served in parliament, and individual union members may belong
757
MALAYSIA
to political parties. Malaysian trade unions are free to
associate with the appropriate international trade
Secretariats, and a number of Malaysian labor leaders play
major roles in international labor affairs. The Secretary
General of the National Union of Plantation Workers, P.P.
Narayanan, is President of the International Confederation of
Free Trade Unions.
c. Freedom of Religion
The official religion of Malaysia is Islam, and Malays are
legally bound in some civil matters, e.g., family relations
and diet, by Islamic religious laws administered by state
rather than by federal authorities. An Islamic religious
establishment is supported by government funds, and it is
government policy to "infuse Islamic values" into the
administration of Malaysia. However, the Constitution
guarantees freedom of religion, and the Government has refused
to accede to demands for the imposition of Islamic religious
law beyond the Muslim community. Religious minorities, which
include large Hindu, Buddhist, Sikh, and Christian communities,
practice their faith with minimal interference by the
Government. There are persistent allegations, however, that
some state governments have been slow in approving building
permits for non-Muslim places of worship. Also, the Government
has limited the circulation of a popular translation of the
Bible in Bahasa. Conversion to religions other than Islam is
permitted but not encouraged; -proselytizing of Muslims is
strongly discouraged.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Persons wishing to travel abroad must obtain passports, which
have been denied in a few cases on what the Government terms
security grounds. Travel to Cuba, Israel, North Korea, South
Africa, and Vietnam is prohibited. Travel to the Soviet Union
and several Eastern Bloc countries is restricted, although in
1985 controls on travel to some East European countries were
reduced. Traditionally tight controls on travel by Malaysian
Chinese to China also were relaxed somewhat in 1985. They may
visit China for medical treatment, to tour or see relatives
(if over age 55), and for business trips when they can satisfy
the Government that such commerce will be of "net benefit" to
Malaysia .
Malaysia has provided first asylum to more than 200,000
Vietnamese refugees since 1975. It has cooperated closely
with international organizations and resettlement countries in
facilitating the eventual movement of the refugees to those
countries. Malaysia itself has resettled over 8,000 Khmer
Muslim refugees, but has not accepted non-Muslim refugees for
permanent settlement. At least 40,000 Philippine Muslims have
settled in Sabah since 1975, although they have not been
offered citizenship.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Malaysia's parliamentary system is based on the British model.
The prime minister and cabinet are responsible to Parliament,
from which they are drawn. Elections must be held at least
once every 5 years. The opposition concedes that elections to
date have been free and fair; votes are cast secretly and
recorded accurately. Through the United Malays National
758
MALAYSIA
Organization, Malays dominate the ruling National Front
coalition of ethnic-based parties which has controlled
Parliament since independence. Malays fill most important
cabinet posts. The National Front parties benefit
substantially from gerrymandered electoral districts. In
August 1986, the National Front won 148 of the 177 seats in
the House of Representatives. Although the opposition
regularly criticizes the Government within and outside
Parliament, it seldom succeeds in influencing policies or
legislation.
In late October and early November, in a move it said was
necessary to avoid the outbreak of racial violence, the
Government detained 106 people, including 11 Members of
Parliament under the ISA. Of the Members of Parliament
detained, 10 were from the main parliamentary opposition
party, including the opposition leader, and one was from the
leading government party, UMNO. In addition to Members of
Parliament, other politicians from within the government
coalition and in the opposition were also detained.
Section 4 Governmental Attitude Regarding International and
Nongovernmental investigation of Alleged Violations
of Human Rights
The Government strongly resents criticism of its human rights
record. In March 1986, ex-Foreign Minister Rithauddeen told
Parliament that there was a "conspiracy" by Amnesty
International to make Malaysia a target for pressure on human
rights matters. He rejected any such criticism, maintaining
it was the duty of all citizens to "counter efforts by
outsiders to tarnish the country's image." He also struck out
at local groups he claimed were "collaborating" with Amnesty
International in its attention to Malaysia. Nevertheless, the
Attorney General did meet with six representatives of
international human rights organizations, including Amnesty
International .
While there are no organizations in Malaysia which deal
specifically with the protection of human rights, a number of
organizations, including the bar council and various public
interest groups, devote some time to the subject. The
Government tolerates their activities but rarely responds to
their inquiries or occasional press statements. The Government
has not joined any of the international covenants on human
rights, generally maintaining that such issues are internal
matters. However, Malaysia has supported U.N. resolutions
condemning the Government of Afghanistan for human rights
abuses, and the Prime Minister in particular has been very
outspoken in criticism of South Africa for its apartheid
policy.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Government implements on an extensive scale programs
designed to boost the economic position of the ethnic Malay
majority which remains poorer, on average, than other
Malaysians despite its political dominance. These government
programs and policies limit, in varying degrees, non-Malay
opportunities for higher education, government employment, and
ownership of new homesteads.
759
MALAYSIA
There are no restrictions on the political rights of Malaysian
women. Government policy supports their full and equal
participation in government, education, and the work force.
The position of women in society is conditioned by the cultural
and religious traditions of the country's major ethnic groups.
With a general resurgence of Islamic piety among Malays, Malay
women have in recent years tended toward close conformity with
Koranic stipulations on women's roles. However, the active
role which women play in public life was underscored by the
appointment this year of a woman to head the important
Ministry of Trade and Industry.
CONDITIONS OF LABOR
Various government regulations, particularly the Employment
Act of 1955 ensure that workers enjoy acceptable conditions of
work. Work hours are not to exceed 8 hours per day or 48
hours per week, and the act mandates public holidays, annual
leave, sick leave, and maternity allowances for workers.
Factories maintain minimum standards of industrial safety and
insurance plans. Employers must provide severance pay and
contribute to the Employees Provident Fund (EPF) , which
provides retirement benefits, and to the Social Security
Organization (SOCSO), which provides disability and workman's
compensation benefits. Some 90 percent of workers are covered
by either the EPF or the Government's own pension plan for
public servants. There is no minimum wage except in a few
minor occupations. In addition, many nonmanual employees paid
over $380 per month are not covered by the Employment Act.
Plantation work is increasingly being done by contract
workers, many of whom may be illegal immigrants from
Indonesia. Working conditions for contract workers are
significantly below those of direct hire plantation workers,
many of whom belong to the National Union of Plantation
Workers. Additionally, many of the immigrant workers,
particularly the illegal ones, may not have access to
Malaysia's judicial labor system,.
Employment of children is covered by the Children and Young
Persons (Employment) Act of 1965, which stipulates that no
child under age 14 may be engaged in any employment except
light work in a family enterprise, in public entertainment,
work performed by the Government in a school or training
institution, or employment as an approved apprentice. It is
illegal for children to work more than 6 hours per day, more
than 6 days per week, or at night.
760
THE MARSHALL ISLANDS
The Republic of the Marshall Islands is a nation of 31
low-lying coral atolls scattered over 750,000 square miles of
the Central Pacific, comprising a total land area of about 70
square miles. The population, of Micronesian origin, is
estimated at 37,000 people, two-thirds of whom are concentrated
on Majuro and Kwajalein atolls. The Marshall Islands
constituted a district in a United Nations Trust Territory
administered by the United States from 1947 to 1986. On
October 21, 1986, the Republic of the Marshall Islands became
a sovereign, self-governing nation under a Compact of Free
Association with the United States.
Political legitimacy in the Marshall Islands rests on the
popular will expressed by majority vote in accordance with a
constitution that is a unique blend of American and British
precepts. The executive branch of the government consists of
a president and his appointed cabinet, all of whom are elected
members of the legislature. The legislature consists of a
parliament, known as the Nitijela, and a Council of Chiefs
(Iroij), the latter serving largely a consultative function.
The economy depends mainly on transfer payments from the
United States, coconut oil and copra exports, limited tourism,
and the fishing industry. No human rights abuses were
reported in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no politically motivated killings by the Government
or by opposition political parties.
b. Disappearance
There were no disappearances, nor any evidence of people
abducted, secretly arrested, or clandestinely detained.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and other cruel, inhuman, and degrading treatment are
expressly forbidden by the Constitution, and there were no
reported instances of such treatment.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution contains safeguards against arbitrary arrest
and detention, and no such incidents were reported. Slavery
and involuntary servitude are prohibited by the Constitution
and this prohibition is observed in practice.
e. Denial of Fair Public Trial
The right to a fair public trial is expressly provided for in
the Constitution and observed in practice. There were no
reported incidences of denial of fair public trial.
761
THE MARSHALL ISLANDS
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The privacy of the home is protected by law and respected by
the Government. There is no known instance of arbitrary
intrusion by the State into the private life of the individual.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is guaranteed by the Constitution
and observed in practice. There is one privately owned
newspaper .
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is provided for
in the Constitution and observed in practice. The right to
freedom of association is interpreted as allowing the existence
of labor organizations. However, no trade unions have yet been
formed. There is as yet no legislation dealing with fair labor
practices, collective bargaining, or general labor relations.
c. Freedom of Religion
Free exercise of religion is provided for in the Constitution
and observed in practice. There is no state religion. A
majority of the Marshallese are Christians. Missionaries are
free to seek converts and freely do so.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Marshallese citizens are free to travel within the country and
abroad. There are no restrictions on emigration or
repatriation. There are no displaced persons other than those
from Bikini Atoll who left that atoll in 1946 because of
scheduled nuclear testing on their islands. Pending further
rehabilitation of the environment, the Bikinians remain
resident elsewhere in the Marshall Islands.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Government of the Marshall Islands is chosen in free and
open elections. There is no formalized party system. Parties
have freely coalesced around political issues, such as whether
to associate with the United States, and then dissolved when
the issue has been resolved.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no reported allegations of human rights
violations by the Government nor any known requests for
investigations. There are no local nongovernmental
organizations which concern themselves with human rights. The
Government has not taken an active interest in international
human rights matters. The Republic is not a member of the
United Nations.
762
THE MARSHALL ISLANDS
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution prohibits discrimination on the basis of
gender, race, color, language, religion, political or other
opinion, national or social origin, place of birth, family
status, or descent. While this egual protection and freedom
from discrimination clause is generally observed in practice,
the traditional male dominance has hampered women from taking
a more active role in the political and economic life of the
country. This is changing slowly and an increasing number of
women are finding jobs in the skilled, semiskilled, and social
occupations .
CONDITIONS OF LABOR
While there is a minimum wage law, there is as yet no
legislation on health, occupational safety, or child labor. A
draft labor law has been prepared for submission to the
legislature .
763
FEDERATED STATES OF MICRONESIA
The Federated States of Micronesia (FSM) is a nation of 607
islands, mostly uninhabited, extending over 1 million square
miles of ocean in the Central Pacific. Four states, Pohnpei,
Truk, Yap, and Kosrae, comprise the federation. It was
formerly a United Nations Trust Territory administered by the
United States from 1947 to 1986. On November 3, 1986, it
emerged as a sovereign, self-governing nation under a Compact
of Free Association with the United States. The population,
of Micronesian origin, is estimated at 95,000 people.
Political legitimacy rests on the popular will expressed by a
majority vote in accordance with a constitution based in large
part on the U.S. model. There are three branches of
government: a president as chief executive and head of state,
a unicameral legislature elected from the four constituent
states, and a judiciary system closely paralleling U.S.
criminal and civil laws and procedures. The economy depends
heavily on transfer payments from the United States, fishing,
small-scale tourism, and subsistence agriculture. No human
rights abuses were reported in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No political killings occurred.
b. Disappearance
There were no disappearances or abductions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of these practices.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Legal procedure follows U.S. law in its provisions for due
process. These provisions are carefully observed. There is
no exile. The Constitution prohibits involuntary servitude
and it is not practiced.
e. Denial of Fair Public Trial
Public trial is provided for in the Bill of Rights and there
is no reason to doubt that trials are conducted fairly.
Juveniles may have closed hearings. .The Chief Justice,
currently an American, is appointed by the President.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law mandates agains such arbitrary interference, and in
practice there is none.
764
FEDERATED STATES OF MICRONESIA
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These rights are constitutionally assured and faithfully
observed. There is one small, privately owned newspaper.
b. Freedom of Peaceful Assembly and Association
These rights are also provided for in the Bill of Rights.
During political campaigns, citizens often take advantage of
them to question candidates at public meetings. Formal
associations are uncommon in Micronesia. Nevertheless,
student organizations and at least one lobbying group exist.
There are no labor unions, although there are no restrictions
against them.
c. Freedom of Religion
The Federated States are extremely hospitable to diverse
religions, and missionaries of many faiths work within the
nation. The Bill of Rights forbids establishment of a state
religion and governmental restrictions on freedom of religion.
Most of the citizens are Christians, with both Catholics and
Protestants well-represented.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions in any of these areas. The Compact
of Free Association permits citizens to travel to, reside in,
and work in the United States without visa restrictions.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Congress is elected by popular vote from each state;
Congress then chooses the president and vice president from
its ranks by majority vote. State governors, state
legislators, and municipal governments are all elected by
direct popular vote. Elections are conducted honestly, and
political campaigning is unrestricted. Although there are no
restrictions on political groups, there has been no interest
in forming political parties.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No violations have ever been alleged, nor are there any known
requests for investigations. The Federated States do not
belong to the United Nations.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution provides explicit protection against
discrimination based on race, sex, language, or religion. The
various traditional cultures establish hierarchies of social
status, and these traditional rankings can influence access to
political office and education. Since traditional culture is
greatly respected by the peoples of the Fedrated States, it is
protected by Article V of the Constitution. Nevertheless, the
traditional social orders aie losing ground as westernization
takes a greater hold upon young people.
765
FEDERATED STATES OF MICRONESIA
CONDITIONS OF LABOR
Since only about half of the labor force works in the cash
economy, the corollary issue of labor protection has not been
prominent. A number of administrative bodies exist to review
labor grievances, and the courts may also review labor and
employment issues.
766
MONGOLIA
Mongolia, or the Mongolian People's Republic (MPR) , is a
rigidly controlled Communist state. The Mongolian Communist
Party, called the Mongolian People's Revolutionary Party
(MPRP) , is the only political party permitted to function.
The leadership of the country is vested in the 7-person
Politburo of the MPRP Central Committee headed by Jambyn
Batmonh. Nominally, the People's Great Hural, or National
Assembly, enacts the basic laws of the country. It meets for
3 days once each year. Between sessions, the Council of
Ministers (Cabinet) issues current legislation.
The Soviet Union dominates Mongolia politically and
economically. The Mongolian State is modeled on the Soviet
system, and key MPRP and government leaders travel often to
Moscow for consultations. The Soviets station approximately
four combat divisions on Mongolian soil. As in the political
arena, Mongolian economic life is shaped by the Soviet bloc:
approximately 95 percent of Mongolia's foreign trade is
conducted with the Soviet Union and Eastern Europe. Soviet
involvement in the Mongolian economy is focused largely on
mining and concentration of nonferrous metals that
subsequently are shipped to the USSR for processing.
Nonetheless, the Mongolian economy is agriculturally based
with an emphasis on livestock raising and associated light
industry.
Little information is available concerning government control
or treatment of Mongolian citizens. There are no known
domestic opposition groups, and emigres are few. Although the
United States and Mongolia established diplomatic relations on
January 27, 1987, the United States has not yet opened an
Embassy in Mongolia. Thus, there is limited information on
the human rights situation in Mongolia. Much of the
information that is available comes from the Mongolian
Government itself. The few resident diplomats and occasional
visitors to Mongolia are mainly limited to the capital city
(Ulaanbaatar ) . Travel to other parts of the country is
restricted.
Mongolian life and society are highly regimented. Few
Mongolians are authorized to travel outside Soviet bloc
countries. Political opposition to the MPRP is not
permitted. Freedoms assured to the individual under the
Mongolian Constitution, including speech, religion,
demonstration, and assembly, can be exercised only to "develop
and consolidate the state system of the Mongolian People's
Republic." In sum, individual civil and political liberties
are highly restricted.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There is no information available concerning political killing
in Mongolia.
b. Disappearance
There is no reliable information available concerning
disappearance in Mongolia.
767
MONGOLIA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
No information is available concerning this subject.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
No information is available on these subjects.
e. Denial of Fair Public Trial
Current civil and criminal codes stipulate the right of the
accused to judicial process, a legal defense, and public trial
"except as stipulated by law." Closed proceedings are
permitted in the case of crimes against the State. The civil
code places a heavy emphasis on this category of crimes and
the MPRP controls the legal system.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right to privacy of person, home, and correspondence is
provided in the Constitution, but there is no information
available concerning the application of these rights by
Mongolian authorities. Travel, as well as job and residence
changes, are decided in accordance with economic needs as
determined by the State. In determining work assignments,
individual aptitude is also a factor.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech but specifies
that the exercise of individual rights must be to "develop and
consolidate the state system of the MPR . " Actions deemed by
the MPRP to fall outside this guideline would likely result in
arrest and detention. Criticism of the Government is not
tolerated. Control is exercised through various governm.ent
organizations, notably the People's Control Organization,
extending dov/n to the neighborhood committee level. The press
serves primarily as a propaganda tool. Representatives of
non-Communist foreign media are able to travel to Mongolia,
but find it necessary to arrange their trips well in advance.
Academic and artistic life also is tightly controlled in
accordance with government policy. Information flow is
tightly monitored. Mongolian citizens have little access to
books, periodicals, or newspapers not printed in Communist
countries.
b. Freedom of Peaceful Assembly and Association
Freedom of demonstration and assembly are provided for in the
Constitution, but in practice only government-authorized
organizations may assemble and the only demonstrations allowed
are carefully orchestrated by government authorities.
The Constitution gives workers the right to organize
professional and trade unions, but all are controlled and
directed by the Government to promote its policies. While the
Labor Law does not mention collective bargaining specifically,
it does provide for the settlement of labor grievances by
"Commissions for Labor Disputes" formed by local trade union
councils and people's courts, and composed of equal numbers of
768
MONGOLIA
trade union council representatives and enterprise managers.
There is no information on how this has worked in practice.
c. Freedom of Religion
Freedom of religion exists in theory, but the Government
strictly controls religious activity through an Office of
Religious Affairs attached to the Council of Ministers. All
Buddhist temples, and all but one monastery have been closed
since the 1930's, and, as a result, religion no longer seems
to play any significant part in the lives of most Mongolians.
There are no mosques for the traditionally Islamic Kazakh
minority of 80,000 in western Mongolia. Lamaism, which was a
central force in Mongolian life prior to the establishment of
the Communist Government, has been reduced to one showcase
monastery, the Gandang monastery, with about 100 monks.
Mongolians who visit the Gandang monastery for worship are
mostly of the older generation.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Until recent years, few Mongolians traveled abroad, even to
the Soviet Union. Foreign travel usually has been permitted
only for official purposes, but government-sponsored education
abroad has become increasingly common. In recent years, as
many as 40,000 Mongolian youths have gone to various places in
the Soviet Union yearly for short, specialized training
programs. There has also been an increase in the number of
senior scholars pursuing extended study abroad, although most
foreign travel remains restricted to Soviet bloc countries.
There is no known routine emigration from Mongolia.
All Mongolians over age 16 must have internal passports and
must obtain permission from the Security Bureau in order to
travel within the country. Attempts to change jobs or
residences must be approved both by the Security Bureau and
the People's Control Organization.
Although the 1978 Constitution assures the right "to reside in
the territory of the MPR" to foreign citizens, Mongolian
authorities in May 1983 began a systematic expulsion of the
6,000 to 7,000 ethnic Chinese, most of whom resided in and
around Ulaanbaatar. The Mongolian authorities claimed the
expellees had no formal occupation or did not abide by
Mongolian law or both, despite the fact that many of them had
been living and working in Mongolia since the 1950's. In line
with the improvement of Sino-Mongolian relations in recent
years, Mongolia stopped the arbitrary expulsion of ethnic
Chinese in 1985; today Mongolia's Chinese population numbers
less than 2,000. A bilateral consular treaty regarding
treatment of their nationals was signed by Mongolia and China
in July 1986.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Mongolian People's Revolutionary Party (MPRP) has a
monopoly on political power. There is no mechanism by which
the citizenry as a whole can effect transitions in leadership
or changes in government. The MPRP is established on the
Soviet model with a narrow pyramid of power topped by Party
General Secretary Batmonh. Lower-ranking members of the MPRP
have no real ability to influence the decisions of their
superiors. Elections are held at regular intervals, but only
769
MONGOLIA
one candidate is listed for each office, so the choice is to
vote for him or cross his name out. The 1986 election to the
Great Hural brought into office a large group of younger
officials in their 40*s. In the 1986 election, 69.2 percent
of all the Deputies were elected to the Great Hural for the
first time. Many elections purportedly result in a 99.9
percent turnout and the sole candidate regularly receives the
entire vote. While there is no officially espoused policy of
minority disenf ranchisement , only a few members of minorities
occupy elite party or government positions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Mongolia acceded to the United Nations Covenant on Civil and
Political Rights in 1976. However, the Government has
consistently followed the Soviet human rights policy and
practice, whether or not it is consistent with the Covenant.
There is no known organization dedicated to the protection of
human rights in Mongolia.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There appears to be little discrimination in education on the
basis of race, sex, or religion.
Universal franchise and equal rights for women are official
policy. According to government statistics, the percentage of
women in the work force rose from 30 to 48.5 percent between
1960 and 1984. From 1951 to 1986, the number of women
Deputies elected to the Great Hural, which has 370 Deputies,
increased from 51 to 92. In 1987 elections to local Hurals,
33.9 percent of the 15,967 Deputies were women. Women
constitute 30.3 percent of the MPRP membership and 49.8
percent of trade union membership. Few women occupy positions
of responsibility in the Government or in party structures,
although women have served on the 8-person Presidium, the
acting legislative body between sessions of the Great Hural.
It is reported in Mongolian media that women hold high
professional positions in institutions such as schools,
research centers, and hospitals.
CONDITIONS OF LABOR
The Mongolian Labor Law sets a minimum work age and maximum
work hours for all workers, and exhorts state enterprises to
observe work safety requirements. The Law proscribes work for
children under age 16, although those age 15 may work if
allowed to by the local trade union committee. Those under 18
are statutorily prohibited from doing arduous work or from
working in dangerous areas such as mining. The workday is
prescribed as 8 hours for adults, 7 hours for those age 16-18,
and 6 hours for those age 15. No information is available on
the implementation of the Labor Law.
770
NAURU
Nauru, the world's smallest republic, consists of a single
central Pacific island of 8.22 square miles with a population
of approximately 8,000. As a League of Nations mandate and a
United Nations trust territory, Nauru was administered by
Australia on behalf of the Governments of Australia, New
Zealand, and the United Kingdom. Upon independence on January
31, 1968, Nauru adopted a modified Westminster form of
parliamentary democracy.
Nauru has two levels of government, the unicameral Parliament
and the Nauru Local Government Council (NLGC) , both popularly
elected bodies. All Nauruans over the age of 20 are required
to vote in parliamentary elections (21 is the minimum age in
NLGC elections). The Parliament, consisting of 18 members
from 8 constituencies, is elected at least every 3 years. It
is responsible for national and international matters. The
national Government owns the Nauru Phosphate Corporation (NPC)
and the national airline. Air Nauru. The NLGC acts as the
local government and is responsible for public services. It
also operates retail outlets, is the principal importer for
the country, and owns a shipping line.
The President, who is both Head of State and Head of
Government, is elected by Parliament from among its members.
He presides over a cabinet of four or five ministers. There
are no formal political parties; thus, the President must win
and retain the support of a majority of individual
parliamentarians. The economy is based on the exploitation
and marketing of Nauru's rich phosphate deposits. The NPC ' s
profits are the primary source of revenue for the Government
(there are no consumption or income taxes) . A large percentage
of the NPC ' s earnings are placed by the Government in long-term
investments, the income from which will be used to support the
Nauruans after the phosphate reserves have been exhausted. In
the meantime, the NPC pays rent to the owners of the land which
it mines. Although the other large economic enterprises on
Nauru (e.g.. Air Nauru, the Nauru corporation) also are owned
by the Government or by the NLGC, several small, private
businesses operate successfully.
Nauru has no armed forces, though it does maintain a police
force of approximately 60 officers under civilian control.
The courts are independent and effectively enforce the
Constitution, which provides for basic human rights.
There were no reports of human rights abuses during 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom From:
a. Political Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no known instances of political disappearances.
771
NAURU
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
These practices are prohibited by the Constitution, and this
prohibition is respected.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution prohibits arbitrary arrest and detention,, and
this prohibition is respected. The police cannot hold a person
for more than 24 hours without a hearing before a magistrate.
Exile is not practiced, though persons found to be "mentally
disordered" either by two medical examiners or, in the case of
a finding of not guilty due to mental incapacity, by a court,
may be sent to appropriate medical facilities in Australia.
However, upon discharge from such facilities they may return
to their places of original residence. Forced labor is
forbidden by the Constitution, except as part of a sentence or
court order.
e. Denial of Fair Public Trial
Constitutional provisions for both a fair hearing and a public
trial are respected. Defendants may have legal representation,
and a representative will be appointed where, "in the interest
of justice," one is required. Due to the paucity of trained
lawyers in Nauru, a legal representative might not be an
attorney, but instead a trained paralegal certified by the
Government to plead cases in the courts. There are no
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Protection from these abuses generally is provided for in the
Constitution. Hov/ever, permission for a Nauruan to marry a
non-Nauruan must be obtained from the NLGC . Such permission
has not always been forthcoming, though there were no reports
of any refusals in 1987. Also, while most foreign workers may
bring their families to Nauru for the duration of their 2-year
contracts, this privilege is denied to Filipino workers.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of expression is provided for in the Constitution.
Nevertheless, the Island's one radio station and one newspaper
(a weekly) are owned and operated by the Government. While
the parliamentary opposition, private groups, and individual
persons may voice opposition to the Government, their
statements do not usually receive local media coverage. The
lack of an independent press, however, appears to be more a
function of economy than of government policy; the small
population makes economic survival difficult for private media
ventures. Further, in a society as small as Nauru, news and
opinions can travel widely by word of mouth. Foreign
publications are freely available.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is assured in
Nauru. While there are no political parties on the island, in
February 1987, 8 out of 18 members of the Nauruan parliament
joined an opposition grouping known as the "Democratic Party."
772
NAURU
Trade unions do not exist in Nauru, and attempts over the
years to form unions have met with official discouragement.
Pilots with Air Nauru, who are mostly Australian, have an
association and have talked of forming a union, but cannot
obtain any recognition from their employer, the Government.
In general, however, the transient nature of the mostly
foreign work force and the relative prosperity of the Nauruans
minimize motivation to organize the labor force.
c. Freedom of Religion
Freedom of religion is protected by the Constitution, and no
official religion is recognized by the Government. Several
different Christian denominations are established in Nauru.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Nauruans are free to move and travel both domestically and
internationally. Foreign workers must apply to their
employers for permission to leave during the period of their
contracts. They may break the contract and leave without
permission but would lose their positions as a result.
Foreign employees whose contracts are terminated by their
employers must leave Nauru within 60 days in most cases.
Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government
Nauru is a democracy without organized political parties.
Persons with diverse points of view run for and are elected to
Parliament and to the NLGC. The current President, Hammer
DeRoburt, has held office for most of the period since
independence. Nevertheless, on four separate occasions
Parliament has elected other persons, including opposition
figures, as president (albeit they usually served only for
short periods of time) . Power has always been transferred
peacefully and in accordance with the Constitution.
Elections held in December 1986 resulted in a tie in the
Parliament between Government and opposition forces, each side
electing nine members. During several weeks of political
maneuvering, opposition leader Kennan Adeang became President
for 8 days before an impasse forced an early election in
January 1987. Although Parliament was again deadlocked,
DeRoburt put together a 10 to 8 majority and was reelected
President. In September 1987, parliamentary maneuvering
resulted in another nine to nine impasse, but DeRoburt was
again able to reestablish a majority.
In both the December 1986 and January 1987 elections, all
parliamentary seats were contested.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no allegations by outside organizations of
human rights violations in Nauru, nor any requests for
investigations .
773
NAURU
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution assures women the same freedoms and
protections as men. They are provided equal opportunities by
the Government in education and employment, and are free to
own property and pursue private interests. However, some
discrimination based on sex exists, in part the legacy of
traditional culture. For example, all members of Parliament
and most senior officials and managers are men, though there
is no legal bar to women obtaining these positions. In
regional forums, the Government is a leading advocate of the
advancement of women.
CONDITIONS OF LABOR
No information is available on Nauruan domestic labor
legislation. Nonetheless, it does not appear that there are
any unfair practices in Nauru relating to the employment of
children, nor to conditions of work with respect to minimum
wages, hours of work, and occupational safety and health.
Since the demand for skilled and unskilled labor, as well as
managerial talent, exceeds the supply in the country, most
workers are recruited overseas. Each worker enters into a
2-year contract which sets out the terms and conditions of
employment. Nauru provides many jobs for citizens of Tuvalu,
Kiribati, and other island states that enjoy fewer employment
opportunities.
As virtually all foreign workers are under contract to the
Government (and the government-owned NPC) , the Government has
total authority to terminate contracts and require workers to
leave their jobs and the country. There have been allegations
that some workers' contracts have been terminated capriciously.
However, contract terms, including information about
termination, are known to workers before they agree to accept
employment .
774
NEW ZEALAND
New Zealand's system of government is patterned on that of
Great Britain, with executive authority vested in a 20-member
cabinet led by a prime minister. Of the 97 members of the
unicameral legislature, 4 are elected from a separate roll to
represent the minority population of native Maoris.
Of New Zealand's population of 3,263,000, native Maoris of
Polynesian origin number 405,000, and 126,000 are Polynesians
from other Pacific Islands. The rights of the increasingly
urbanized, disadvantaged, and activist Maori minority have
been receiving growing public attention. The Ministry of
Maori Affairs is responsible for looking after their interests
and needs .
Real annual average economic growth has been low in recent
years. However, the free enterprise economy affords the
opportunity for a reasonable standard of living for most New
Zealanders. Education is freely available to all.
In 1987 New Zealand continued its excellent record in human
rights. New Zealanders continue to enjoy personal freedom,
freedom of religion, freedom of the press, universal suffrage,
and the rule of law. Respect for minority rights, concern for
the economically deprived, and the humane treatment of
prisoners are established in principle and in practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Killing for political motives by the Government or by New
Zealand political organizations does not occur.
b. Disappearance
There have been no instances of political disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The rights of those arrested in New Zealand are protected by
law and observed in practice. Prisoners are provided access
to legal assistance and allowed visits by family members.
Food, facilities, and medical care are good. Prisoners are
given the opportunity to work.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Freedom from arbitrary arrest, detention, and exile is assured
in New Zealand law and respected in practice. New Zealand law
provides for a writ of habeas corpus. Persons arrested in New
Zealand are charged promptly. Legal aid is provided by the
court to those who cannot afford to pay for a private attorney.
New Zealand does not permit preventive detention or the use of
forced or compulsory labor.
e. Denial of Fair Public Trial
New Zealand law assures a prompt, public trial. The rights of
the accused are scrupulously maintained and subject to public
775
NEW ZEALAND
scrutiny. The judiciary operates independently of executive
or legislative influence.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right to privacy is assured under New Zealand law. The
Government does not violate a person's privacy, the sanctity
of the home, or the integrity of correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and the press are assured by New Zealand law
and respected in practice. There are 150 newspapers and 590
magazines published. These cover the spectrum of political
and social thought. The Government makes no attempt to censor
the press, and opposition viewpoints are freely expressed.
b. Freedom of Peaceful Assembly and Association
There are no restrictions on peaceful assembly or association.
Independent labor unions, which in 1986 encompassed 64 percent
of wage earners, actively engage in recruiting members and in
collective bargaining, and they have the right to strike.
Public sector unions are in some cases precluded from engaging
in strike action but generally only for reasons of public
safety. Mediation and arbitration procedures are independent
of government control. Unions freely maintain relations with
international bodies and participate in bilateral exchanges.
c. Freedom of Religion
New Zealand enjoys a long tradition of religious tolerance.
All faiths are given equal treatment under the law.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no controls upon citizens of New Zealand regarding
internal movement or resettlement. Foreign travel is
unrestricted, and the right to return is assured. Within the
limits of the nation's resources. New Zealand accepts and
resettles refugees and asylum seekers.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The New Zealand Government is freely elected by its people.
Two major parties. Labour and National, dominate the political
scene and have alternately formed governments since the 1930's.
There are other smaller parties and groups which are mostly
devoted to limited and parochial issues, and are usually of
little consequence in the national electoral process.
Universal suffrage at 18 years of age and triennial elections
provide the opportunity for citizens of New Zealand to change
their government. There are no restrictions based upon race,
sex, creed, or national origin which limit participation in
the political process. Voting rates are high, and
participation in political groups is common. Opposition
groups have every opportunity to voice their views.
776
NEW ZEALAND
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In the absence of allegations of abuse of human rights in New
Zealand, no international or nongovernmental bodies have
conducted investigations. New Zealand's endorsement of the
principles of human rights is clearly demonstrated by its
participation in local, national, and international bodies
organized to protect human rights and prevent discrimination.
Local human rights groups include governmental entities such
as the New Zealand Human Rights Commission, the New Zealand
Council for Civil Liberties, and private organizations such as
the Citizens Association for Racial Equality, the New Zealand
Chapter of the International Commission of Jurists, the Race
Relations Conciliator, Amnesty International, and the National
Organization of Women.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Despite the historical absence of overt discrimination, the
Maori population, which is largely young and urbanized (90
percent now living in cities) remains marginally educated and
economically disadvantaged. Notwithstanding the noteworthy
success of some Maori and extensive intermarriage with Pakeha
(Caucasians), the stresses of transferring from a rural,
traditional society to an urban Western environment are
evident in various social indicators. A relatively high
percentage of Maori are unemployed, and they figure
disproportionately in crime statistics and the prison
population. There has been a rise in Maori activism,
evidenced most directly in a series of court cases demanding
the return of government-held land to its original Maori
tribal owners. Statements by Maori activists denouncing
allegedly racist attitudes in New Zealand society and
identifying with the claims of indigenous groups in Fiji and
the South Pacific Islands are also more frequent. The
Government has initiated a dialogue on proposed reforms
designed to enhance Maori representation in the political
process, thus better ensuring recognition of their basic
rights and aspirations.
There is growing sensitivity to the status of women. In 1985
the Labour Government established a Ministry of Women's Affairs
and also ratified the U.N. Convention for the Elimination of
All Forms of Discrimination Against Women. In addition, the
Human Rights Commission (established in 1977 by the Human
Rights Commission Act) continues to hear complaints about most
forms of discrimination. The largest category of complaints
concerns discrimination against women in employment.
CONDITIONS OF LABOR
New Zealand enforces a 40-hour workweek and a minimum 3-week
annual paid vacation for all employees, in addition to 11 paid
public holidays. Children under age 16 may not be employed
without special government approval and must not work at all
between 10 p.m. and 6 a.m. The hourly minimum wage is $3.00.
Acceptable conditions of work are assured both by national
statute, such as the Machinery Act that requires secure
fencing around most moving and dangerous parts of machines,
and by safety, health, and welfare provisions included in
collective agreements.
777
PAPUA NEW GUINEA
Papua New Guinea is the largest and most populous nation in
the South Pacific. It covers half of the second largest
island in the world plus additional islands to the north and
east, constituting a large portion of the cultural area
commonly referred to as Melanesia. It has a federal,
parliamentary form of government with a unicameral legislature.
Political legitimacy rests on popular will expressed by
majority vote in accordance with a constitution embodying
extensive public consultation and Melanesian tradition, which
in general accords prestige based on individual accomplishments
rather than heredity. The military, police, and intelligence
services are under civilian control. Transfers of power since
independence in 1975 have been peaceful and in keeping with
the Constitution. In July 1987, Papua New Guinea experienced
its third parliamentary election since independence. The
Government of Prime Minister Paias Wingti is in its second
term.
A special problem is presented by approximately 10,000
Melanesians from Irian Jaya, Indonesia, who crossed into Papua
New Guinea in 1984 and are now living in camps near the border.
The United Nations High Commissioner for Refugees (UNHCR) is
working with the Government to determine which of these people
are refugees. They are preparing to consolidate the refugees
in two border camps, and encouraging voluntary repatriation of
the others.
The economic system has three parts: the traditional, rural,
subsistence economy, which supports about 80 percent of the
population; the privately controlled money economy; and
enterprises in which the Government has invested. The private
sector produces most of the wealth and provides three-fourths
of government revenues; most of the remainder is aid from
Australia. Papua New Guinea has major mineral, timber,
hydroelectric, and possibly petroleum resources in the early
stages of development .
In 1987 as in previous years, no noteworthy human rights
violations occurred in Papua New Guinea. A network of social
and political institutions including vigorous parliamentary
democracy, a concerned legal profession, active churches, a
lively free press, and a relatively informed citizenry are
effective in maintaining human rights.
Armed conflict between tribal groups remains a serious problem
in the highlands region where one-third of the population
lives. Although its origins are traditional, many experts
believe that continued tribal fighting is a reaction to the
increasingly impersonal governmental structure and court
system. The use of firearms in tribal fights, in addition to
axes and bows and arrows, is increasing.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Neither the Government nor any opposition group has resorted
to political killing.
778
PAPUA NEW GUINEA
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution forbids torture and other cruel or degrading
treatment. The prison population is one of the highest per
capita in the world, due to the nation's unusually high crime
rate. However, prisoners generally are treated fairly and
humanely. Public, press, and clergy are keenly sensitive to
allegations of police misbehavior. The courts and the
Ombudsman Commission investigate complaints and intervene when
abuses are discovered. Civil damages have been awarded and
offending officials punished in such cases. Charges of police
abuse are actively investigated.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Politically motivated arrests do not occur in Papua New
Guinea, and the courts vigorously enforce constitutional
protections against arbitrary arrest or detention. Exile is
not practiced. Warrants are required for arrests. Suspects
have free access to a lawyer of their choice, and, in serious
cases, counsel is provided at state expense. Suspects and
their counsel are informed of charges and have the right to
judicial review of detention. A reasonable bail is allowed,
except when a judge rules that the risk of flight or further
crime warrants detention. The Constitution forbids slavery
and slave trade in all forms, including forced or compulsory
labor, except when the latter is imposed as a condition of
sentence after due process of law.
e. Denial of Fair Public Trial
The right to a fair, public trial is strictly observed.
Defendants are represented by counsel. A high crime rate
coupled with shortages of funds, police, and judicial
personnel have caused an increase in the time spent awaiting
trial for serious offenses in recent years. Provision is made
for writs of habeas corpus. Persons may not be held without
trial for more than 6 months. The courts are free from
executive, political, or military interference. There are no
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Sanctity of the home and family and privacy of correspondence
are observed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
An independent, competitive press, effective constitutional
provisions, and a functioning democratic political system
combine to insure freedom of speech and press. The state-owned
radio gives significant coverage to statements of opposition
politicians. Pornography is prohibited. Films are censored
and classified based on sexual explicitness and degree of
violence. Academic freedom is respected.
779
PAPUA NEW GUINEA
b. Freedom of Peaceful Assembly and Association
The right of association, to engage in collective bargaining,
to join industrial organizations, and to seek employment is
legally provided for in the Constitution and freely exercised.
Although there is a legal requirement that a permit be obtained
before a demonstration, no application has been denied
recently. Labor unions are protected by law and are active
and important in the country's economic and political life.
Over 50 trade unions exist, among which the most significant
are the various public employees' associations, the 2
mineworkers' unions, and the dockworkers' union. The private
sector unions are free to strike and do so on occasion. The
Papua New Guinea Trade Union Congress is a member of the
International Labor Organization and the International
Confederation of Free Trade Unions. Employers' associations
are also active.
c. Freedom of Religion
Freedom of religion is assured by law. There are no controls
on the practice of religion and no religious discrimination.
A wide variety of indigenous and Christian denominations
flourish. Missionaries are allowed to work freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement of Papua New Guinea citizens within or
into and out of the country is not restricted by law.
Naturalization is available to foreign residents who satisfy a
residence requirement and are sponsored by a village; it can
be revoked only for fraud.
The Government has adopted a moderate policy toward the
approximately 10,000 people from Irian Jaya living in camps
along the border and the related Irian Jaya separatist
movement, Organizasi Papua Merdeka (Free Papua Movement) or
0PM. The UNHCR has had a major role since late 1986 in
determining which of the border crossers are political
refugees. The Government is planning to resettle the border
crossers from the nine border camps where they are presently
located to two large settlements further away from the border,
where it will be less expensive to supply them, and they can
in time more easily support themselves. This resettlement is
likely to be a long and expensive process. At the same time,
the Government is cooperating with the Indonesian authorities
to encourage voluntary repatriation of those border crossers--
probably the ma jority--who do not fear persecution should they
return. The Government has continued to express concern about
the activities of the 0PM. It has repeatedly emphasized that
it will not allow Papua New Guinea to be used as a base for
0PM guerilla operations into Indonesian territory. On the
other hand, the Government remains sensitive to those who
argue that it has a moral responsibility to provide permanent
asylum or find asylum in third countries for politically
motivated border crossers and to support their cause against
the Government of Indonesia. The Government has repeatedly
stated it will (with the help of the UNHCR) consider the
effects of repatriation on a case-by-case basis and not
forcibly repatriate anyone judged to be a refugee.
780
PAPUA NEW GUINEA
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Papua New Guinea has a unicameral legislature composed of
representatives from 19 provinces and the national capital.
None of the nine organized parties has an absolute
parliamentary majority. The present Government is a coalition
of four parties plus independents. Politics are marked by
loose party structures and keen competition for elected
offices. Parliamentarians can and occasionally do cross party
lines during votes. Any citizen can run for Parliament, and
several members are foreign-born. Four peaceful changes of
government have taken place since independence. As in the
past, the 1987 election was orderly and resulted in a
substantial turnover in the membership of the National
Parliament. An Ombudsman Commission monitors campaign
contributions .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no allegations by international or
nongovernmental agencies of human rights violations in Papua
New Guinea. The Ombudsman Commission and the courts take
legal action against abuses when discovered, and the press and
concerned politicians have been quick to publicize alleged
governmental shortcomings. The UNHCR provides permanent
international monitoring of the Irian Jaya refugees.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
In part because of its extreme ethnic diversity, Papua New
Guinea is not dominated by any one ethnic group or geographic
region, and the democratically elected government cannot afford
to display ethnic favoritism. The vitality of Papua New
Guinea's democracy is such that authoritarian control by a
single individual, region, or ethnic group would be intolerable
to the majority. Papua New Guinea's social and economic
disparities are the result of historic and geographic
conditions, not of discriminatory policy.
Women have equal rights before the law, and their status is
gradually improving, but they still face difficulties.
Wife-beating is said to be widespread but is rarely brought to
the attention of the authorities. In urban areas, rape, along
with other violent crimes, is a problem of continuing
concern. In the village, women are protected by their kin,
but attacks on women are a common feature of intertribal
conflict. Against the background of traditional male
dominance, the achievements of women in Papua New Guinea are
significant. Some have become doctors, lawyers, and office
directors. Several senior public servants are women and
several hold seats in provincial assemblies.
CONDITIONS OF LABOR
The Department of Labor is responsible for the enforcement of
laws and regulations concerning safety, health, and working
conditions. It regularly conducts industrial visits. Working
hour limitations, rest periods, holidays, leave, wages, and
compensation are regulated by the Employment Act of 1978.
Minimum wages are established by the Minimum Wages Board.
These vary by industry and types of work, and whether or not
781
PAPUA NEW GUINEA
work is performed in an urban or rural area. Standard hours
of work are regulated as well and, although variable for some
occupations, may not exceed 42 hours per week in urban areas
or 44 hours in rural areas. Children under the age of 11 may
not be employed outside a family relationship. Children
between the ages of 11 and 16 may be employed only with
parental permission, a medical clearance, and a work permit
from a labor office. Except in subsistence agriculture, such
employment is very rare according to the Department of Labor.
782
THE PHILIPPINES
The GoverVwTient of .the Philippines oversaw the adoption of a
new Constitution and the establishment of national democratic
institutions during 1987. Despite continued evidence of
overwhelming popular support for President Aquino and her
reform agenda, political forces on both left and right sought
to destabilize or overthrow her Government by force. Civil
unrest fomented by antidemocratic forces failed to undermine
the Government's commitment to democratic processes and
respect for human rights. The Government has complied
substantially with new constitutional provisions for due
process safeguards and important civil and political rights.
President Aquino has appointed a constitutionally mandated
Commission on Human Rights (CHR) that is empowered to
investigate all abuses of human rights, whether committed by
military or civilian officials or by nongovernmental persons,
including insurgents.
A stubborn Communist insurgency active in most of the
country's 73 provinces continues to pose the major long-term
challenge to democratic practices and the restoration of
respect for human rights in the Philippines. A 60-day
cease-fire negotiated late in 1986 between the Government and
the Communist New People's Army (NPA) ended in February after
political talks were terminated by representatives of the
leftist National Democratic Front (NDF) . During 1987 the NPA
increasingly targeted for assassination government officials,
private citizens, and labor leaders who resisted its
influence. NDF spokesmen claimed responsibility for the
October 28 murder of three American citizens, including two
uniformed servicemen, near Clark Air Base. Communist rebels
stepped up their killing of soldiers and police in Manila and
other urban centers while launching offensives aimed at
destroying bridges, power facilities, and other economic
infrastructure in rural areas. Popular resentment of the
insurgents' abuse and extortion gave impetus to the growth of
anti-Communist citizens' groups. The human rights record of
some of these organizations was criticized both in the
Philippines and abroad.
Rightwiny military rebels launched two efforts to depose
President Aquino during 1987. While predominantly loyal to
the Government, certain elements of the Armed Forces of the
Philippines (AFP) sought to overthrow the Government and seize
power for themselves and the civilian politicians to whom they
are linked.
In the southern Philippines, armed rebels continued
hostilities aimed at securing independence for the nation's
Muslim minority. Despite a long history of violent encounters
with government forces, the level of fighting with Muslim
insurgents in parts of Mindanao and the Sulu Archipelago was
only a fraction of that of the more geographically dispersed
Communist insurgency. Periodic discussions between the
Government and Muslim rebel leaders took place during the year.
The Philippines achieved significant economic growth in 1987.
While modest by Asian standards, the economy's projected 5.5
percent expansion for the year is a major improvement over
marginal growth in 1986 and contraction in both 1984 and
1985. Inflation was low and export prices up for some widely
produced commodities, such as copra and sugar. Continuing
political instability, however, had a dampening effect on
investor confidence in the second half of the year.
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THE PHILIPPINES
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, including
Freedom from:
a. Political Killing
Political killings are frequent in the Philippines and take
place throughout the country. Because successful prosecution
of political assassins is extremely rare, private vendettas
are often pursued. Over 100 persons are believed to have died
during the campaign culminating in nationwide congressional
elections on May 11. At year's end, nearly 30 persons had
been killed in violence related to nationwide local elections
scheduled for January 18, 1988. Prominent figures are not
immune from violence. During 1987 a cabinet member and the
secretary general of a leading leftist political organization
were among those murdered.
The official fact-gathering human rights institution in the
Philippines is the constitutionally mandated CHR. In contrast
to the CHR, which investigates all alleged violations of human
rights, several private groups focus almost exclusively on
allegations against government forces. The best known of
these organizations is Task Force Detainees (TFD) , whose broad
definitions of human rights violations have the effect of
increasing the number of reported incidents. TFD has been
accused of using its statistics to support a politically
motivated finding that the human rights situation in the
Philippines is deteriorating.
The CHR and its predecessor, the Presidential Commission on
Human Rights <PCHR) , have received 123 reports of political
killings since the February 1986 change of government. TFD
reports 208 summary executions by government forces during the
first 11 months of 1987 alone. This figure compares to 197
reported by the organization in all of 1986 and 517 in 1985.
TFD also reports that 123 persons were killed during the first
11 months of 1987 in massacres--def ined as politically
motivated killings of groups of individuals. This figure is
up, according to TFD, from 101 such victims in 1986, but less
than the 276 claimed in 1985. TFD includes in its figures the
deaths of 13 people during a protest march in January at
Mendiola Bridge near the presidential palace in Manila and the
February shooting of 17 unarmed villagers in Nueva Ecija
province. Twenty-three soldiers charged with murder in the
latter incident are about to go on trial.
The major individual political killings during 1987 included
the assassinations of Jaime Ferrer, Secretary of Local
Governments and the first Philippine cabinet member to be
murdered, and Leandro Alejandro, the Secretary General of the
leftwing Bayan organization. Conrado Balweg, a former Roman
Catholic priest and Communist guerrilla who left the NPA and
cooperated with the Government, survived an NPA ambush in
which eight of his bodyguards were killed. Bernabe Buscayno,
founder of the NPA and unsuccessful candidate for the new
Senate, escaped with minor injuries when unidentified gunmen
fired on his car, killing two of his companions. Leftist
academic Nemesio Prudente likewise sustained only minor
injuries when he and members of his party were ambushed in
November by unknown assailants. The only charges brought in
any of these incidents have been against suspects in the
Ferrer case.
784
THE PHILIPPINES
The murder of KMU leader Rolando Olalia and his driver in
November 1986 remains unsolved. A sergeant is charged in the
case and his trial is ongoing, but other suspects are still at
large. Two union officials affiliated with the Trade Union
Congress of the Philippines (TUCP) were also murdered in late
1986, reportedly by NPA assassins. No one has been apprehended
in this case. Department of Labor and Employment officials
say that seven other union officials were killed during 1987
in incidents that relate to their union activities.
Political killings go largely unpunished in the Philippines.
Several major cases involving the murder of a prominent
political figure are presently being heard. During 1987 the
only conviction in such a case was entered against eight
defendants who were found guilty and sentenced to life in
prison for the 1985 killing of Italian priest Tullio Favali.
Most cases are never solved or prosecuted.
During 1987 human rights groups focused on proliferating
anti-Communist citizens' self-defense groups as frequent
perpetrators of political killings. A locally organized
counter insurgency measure, these groups vary considerably in
character, ranging from unarmed neighborhood watch
organizations which supplement police intelligence to
quasi-legal paramilitary patrols. There are also illegal
private armies and fanatical cults such as the Tadtad which
kill Communist sympathizers along with other political
opponents .
Some such groups have been implicated in political killings.
Violence by Tadtad members against outsiders, including
Communists, has sometimes been tolerated by local military
authorities. On the other hand, there is little evidence of
human rights abuses by officially unarmed citizens' groups,
such as Nakasaka, which was organized with the assistance of
local government officials in Davao del Sur province.
The best known of the citizens' self-defense groups, Alsa
Masa, arose in Davao City as a community response to NPA
excesses. With local military and civilian assistance and
encouragement, armed civilians--many of whom were formerly
allied with the Communists--patrol populated areas to prevent
infiltration by NPA guerrillas. Alsa Masa has killed a number
of NPA guerrillas and is credited with vastly improving the
security situation in Davao City. In October President Aquino
praised members of Alsa Masa as an example in the fight
against Communism.
Independent human rights organizations claim that Alsa Masa is
implicated in widespread human rights abuse, including the
murder of civilians. The CHR is investigating a number of
complaints against Alsa Masa. Allegations that the
organization is imposing a reign of terror, however, ignore
the overwhelming popular support it receives among people
living in areas where it operates. Government bodies, such as
the CHR, and private foundations, like the Integrated Bar of
the Philippines, have begun providing Alsa Masa members with
training to help them operate within the law.
In late October, the Department of Justice, the Department of
Local Governments, and the CHR promulgated guidelines meant to
deter human rights violations by the citizens' groups. The
basic principle of the guidelines is that citizens' groups are
to operate within the framework of existing law. Arms are to
be carried by members of citizens' groups only if they are
785
THE PHILIPPINES
otherwise authorized to do so, i.e., if members are licensed
firearms holders, military and police reservists, or private
security guards. Members of groups who commit criminal
offenses are subject to arrest and prosecution in the same way
as any other offender. The groups are not to engage in
offensive operations and are not to leave their own
communities except in hot pursuit. The guidelines require
regional military commanders to submit monthly reports on
citizens* groups in their areas. Regional monitoring
committees are to be formed by representatives of the
Department of Local Government, Department of National
Defense, the AFP, and the CHR. The volunteer organizations
will be supervised by local civilian government authorities in
cooperation with the military and police.
Human rights allegations involving the Civilian Home Defense
Force (CHDF) , a militia organization often blamed for abuses
under the Government of former President Marcos, were fewer in
1987 than in past years. The AFP has tightened its control
over CHDF units and screened personnel more effectively,
discharging about 30 percent of their membership. The new
Constitution contemplates the abolition of the CHDF. Current
plans call for it to be replaced in 1988 by a new organization
called the Citizen Armed Force (CAF) . CAF units will be
recruited locally from the communities they are supposed to
protect .
b. Disappearance
There is no convincing evidence that government officials are
involved regularly in politically motivated disappearances.
In some cases, however, citizens have been taken into custody
by government authorities and held incommunicado for several
days before being released or charged. Since February 1986,
CHR has received 28 complaints concerning "missing persons"
whose whereabouts are unknown. TFD claims that during the
first 11 months of 1987, 59 persons were detained indefinitely
without the filing of an arrest report. Some, if not most,
are presumed to have been killed. This figure compares with
23 such cases in 1986 and 213 in 1985.
Hostage-taking by armed criminal elements for ransom or
publicity or both has occurred in parts of the Philippines.
Prominent kidnaping incidents during 1987 included the
abduction in Lanao del Sur province of 4 Red Cross employees,
including 2 Swiss members of the International Committee of
the Red Cross (ICRC); and the unrelated kidnaping of 16
students from Mindanao State University. All were released
unharmed.
Unreported nonpolitical kidnapings of businessmen for ransom
occur throughout the Philippines. In a spate of incidents, an
estimated 100 unpublicized kidnapings of businessmen and their
relatives took place in Iligan City in Lanao del Norte province
during 1987. The victims in these cases were eventually
released, usually after paying ransom. None of the kidnapers
in these cases has been apprehended. A prominent Japanese
businessman, who was kidnaped near Manila in November 1986,
was released after 3 months. His abduction, which remains
unsolved, does not appear to have been politically motivated.
In November 1987, two South Korean engineers were reported
kidnaped by a group of armed bandits in Northern Luzon. Their
case is unresolved.
786
THE PHILIPPINES
Two military intelligence agents were acquitted in 1987 of
complicity in the July 1985 disappearance of Philippine priest
Fr. Rudy Romano. His order, the Congregation of the Most Holy
Redeemer, and human rights groups denounced the verdict.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The new Constitution prohibits torture and makes evidence
obtained thereby inadmissible in court. Further, the
Constitution directs that laws be passed providing for
punishment of torturers, compensation for victims, and
rehabilitation of victims and their families.
Forty-two allegations of torture were filed with the CHR
between February 1986 and September 30, 1987. TFD claims to
have documented 512 cases of individuals being tortured during
the first 11 months of 1987. While representing an increase
over the 438 incidents reported in all of 1986, the TFD figures
for 1987 include some cases that strictly speaking may not have
involved torture. These include, for example, reports of
people being roughly treated during questioning by law
enforcement authorities. TFD reported 1,326 incidents of
torture in 1985.
Philippine human rights groups report that innocent farmers in
insurgent-influenced areas are detained and tortured by
military personnel seeking information on rebel activity.
While torture and related abuses by the military have occurred
in areas where government forces are actively engaged in
counter insurgency operations, such practices do not appear to
be systematic, widespread, or condoned at senior military
levels. As of December 17, 606 military personnel were being
investigated by the CHR for alleged violations of this sort.
TFD reports that 6,502 of 7,170 persons arrested for violation
of human rights during the first 11 months of 1987 were
released .
The Department of National Defense continues an educational
campaign to improve military treatment of civilians. Officers
attend human rights workshops which stress their role in
communicating respect for such values to their subordinates.
Basic armed forces training now includes 50 hours of human
rights instruction. Officers are held responsible for the
behavior of their troops and have been granted increased
discretion to discipline them for abuses. In order to be
promoted, officers must receive clearance from the CHR. As of
October, 104 military personnel were under investigation for
human rights violations. The number of soldiers and policemen
who have been tried, convicted, and sentenced for human rights
violations is not available since the AFP judiciary does not
maintain a statistical classification for abuse of human
rights .
Although physical punishment is prohibited under the
Philippine penal system, it occurs frequently in jails and
prisons. Philippine prison conditions are harsh and charges
of police brutality commonplace. Despite administrative
sanctions, persons in police custody are reportedly beaten
often, either to extract confessions or in retaliation for
perceived actions against police.
787
THE PHILIPPINES
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The new Constitution permits arrests only with a warrant based
on a judge's determination of probable cause. Philippine law
prohibits the holding of suspects for more than 36 hours
without a finding of probable cause. The Constitution further
provides that bail shall be available to persons charged with
crimes punishable by any penalty less severe than life
imprisonment. It also prohibits holding prisoners
incommunicado or in secret places of detention.
The Aquino Government repealed authority for preventive
detention and restored the writ of habeas corpus soon after
assuming power. Government policy requires that suspects be
formally charged within 6 to 18 hours after being taken into
custody, depending on the gravity of the offense. With the
exception of suspected antigovernment rebels who are often
detained without charge and interrogated for a period of up to
several days, persons are usually charged promptly after
apprehension. Military personnel are reportedly impatient
with the evidentiary requirements and paperwork needed for a
formal arrest. Even if formally charged, rebel suspects are
frequently released under an amnesty program.
Forty-two persons have filed complaints with the CHR since
February 1986 on grounds of arbitrary arrest and detention.
TFD reports 2,648 arrests as human rights violations during
the first half of 1987; of these, 2,242 are recorded as
released. Because this figure includes some arrests in which
a warrant was properly issued on criminal charges, it
overstates the number of arbitrary or unjustified arrests.
Philippine authorities do not systematically use internal or
foreign exile of undesired persons for political purposes,
although the Government has prevented the return of former
President Marcos and certain of his associates by revoking
their passports. There is no evidence that forced labor is
practiced.
e. Denial of Fair Public Trial
Trials in the Philippines are public. The Constitution
guarantees that those accused of crimes shall be informed of
charges against them and have the right to counsel. Defendants
enjoy the presumption of innocence and the right to confront
witnesses against them, to present evidence, and to appeal
their convictions.
The right of defendants to a lawyer is well recognized in law
and is generally carried out in practice in metropolitan
Manila. It is much less frequently accorded in the provinces,
however, where in many cases there are simply no lawyers
available. Many defendants are released because of this,
especially those charged with minor crimes. Those charged
with a capital offense are usually held until a lawyer becomes
aval lable.
Judicial proceedings often continue for years. Many criminals,
especially those who have expert legal representation, escape
conviction and punishment. Efforts by the Aquino Government
to reform the Philippine judiciary and to remove judges
believed to be incompetent or corrupt have aggravated chronic
docketing delays. Since the judicial appointments commission
required by the new Constitution has not been implemented, no
788
THE PHI LXP P I_NE S
new judges have been appointed since February. The shortage
of judges continues to be particularly severe outside the
Mani la area .
The lethargic pace of the legal system encourages some law
enforcement officials to act as their own judge, jury, and
executioner in cases where they believe the guilt of a
criminal is self-evident. Armed robbers, for example, are
frequently killed in "shootouts" with police.
Human rights groups continue to criticize the practice of
trying military personnel, police, and firefighters in
military courts, which they contend are more lenient toward
such defendants than civilian courts. A bill has been filed
in Congress to remove nonservice-related offenses from the
jurisdiction of courts-martial.
A new trial of 22 defendants in the 1983 slaying of opposition
leader Benigno Aquino began in February, after the Supreme
Court ruled that the previous trial in the case had been so
marred by denial of due process that the defendants could be
tried again without putting them in double jeopardy. The
trial is progressing slowly.
In 1986 the Aquino Government released over 600 prisoners,
including several prominent Communists, who had been imprisoned
on political grounds. Only those prisoners who had committed
serious criminal offenses, including murder, in furtherance of
their political beliefs remained in detention. After review
by a specially appointed commission, 58 of those prisoners
were pardoned in 1987. Others have been paroled since or
released on expiration of their sentences.
According to the Department of National Defense, the only
political prisoner currently in custody is Rodolfo Salas,
alleged former head of the Communist Party of the Philippines.
Salas, who was arrested in September 1986, is charged with
rebellion. He has applied for bail, which the Government has
opposed on the ground that his release would be a clear and
present danger to the community. TFD staffers estimate that
there are 400 to 500 "political" prisoners in custody at any
time. Most are held for brief periods on suspicion of
rebel lion .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the new Constitution, searches and seizures require a
warrant issued by a judge on a finding of probable cause.
These restrictions on search and seizure are generally
observed. The Government does not arbitrarily interfere in
family life or the right of parents to raise their children.
Religious practice and political affiliation, with the
exception of membership in the outlawed Communist Party of the
Philippines, is unregulated. The Government does not
interfere with free personal use of the mails or other public
communication systems, except upon the issuance of a court
order during the course of an investigation.
g. Violations of Humanitarian Law in Armed Conflicts
Political killings frequently occur in areas where the
Communist and Muslim rebels engage government forces in
combat. The Department of National Defense reports that
government forces and the Communist rebels were involved in
789
THE PHILIPPINES
2,914 violent incidents through December 17. According to
government statistics, those incidents--including raids,
ambushes, assassinations, kidnapings, bombings, and arson--
resulted in the deaths of 1,056 military, police, and
paramilitary personnel, 1,590 NPA guerrillas, and 946
civilians. During the same period, Muslim rebel groups were
involved in 299 violent incidents resulting in 194 military
and civilian deaths.
Communist rebels use many forms of violence to further their
political goals. To gain control over an area, the insurgents
intimidate, kidnap, and assassinate government officials,
businessmen, and other citizens who resist. Assassination of
local government officials or policemen is a common indicator
of Communist presence in a locality. Corrupt and abusive
officials are often killed first, both as an example and to
attract popular support. Those who resist, those suspected of
being government informers, those who fail to pay
"revolutionary taxes," and NPA defectors are also targets for
assassination. Over 70 policemen and soldiers were killed by
NPA assassination sguads in metropolitan Manila alone during
the first 10 months of 1987.
Human rights groups report that military units have sought to
isolate insurgents from their support base by imposing food
blockades and forcibly resettling or "hamletting" entire
communities against their will. CHR has received three as yet
unresolved complaints of "hamletting" since February 1986.
TFD reports three instances of "hamletting" and five instances
of food blockades during the first 8 months of 1987.
Military engagements between government forces and insurgent
elements occasionally result in the displacement of civilians
and disruption of access to food supplies. Such incidents are
usually brief. Both the Philippine Red Cross and the ICRC
have programs to assist those who evacuate combat zones. There
is neither an official resettlement policy nor convincing
evidence that AFP patrols have imposed food blockades directed
against civilian populations. In some areas, however,
government forces have sought to prevent food supplies from
reaching armed rebels.
The Philippine armed forces lack adequate medical resources
for its members, and wounded rebels are treated after wounded
soldiers. There is no evidence, however, that they are
systematically denied medical care when supplies are available.
The Philippines adheres to Protocol II of the Geneva
Conventions, which governs the conduct of forces in an
internal conflict, and the leadership of the AFP is committed
to treating prisoners according to the rules of war. After
initial interrogation, prisoners are turned over to civil
authorities and charged in the civilian courts. Captured
rebels may apply for a government amnesty program and return
to civilian life if they promise to abide by the law.
Human rights groups allege that military dissatisfaction with
the amnesty program encourages some soldiers to kill their
adversaries rather than take them prisoner. While isolated
incidents of this nature may occur in remote areas where
observers are few, there is no direct evidence to support
charges that such conduct is common. The large number of
Communist rebels regularly reported as having been taken
captive by the AFP, more than 344 as of late 1987, contradict
assertions that summary executions of prisoners are widespread.
790
THE PHILIPPINES
Killings of captives, if it does occur, clearly contravenes the
policy of the civilian Government and the military command.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Restrictions on freedom of expression in the Philippines were
completely lifted in 1986, after 14 years of media control
under martial law. The press is lively, unfettered, and
highly competitive. There are about 30 daily newspapers in
Manila, and many more in the provinces. In all, about 1.4
million newspapers are sold each day around the country.
Newspapers cover the political spectrum and display no
reluctance to criticize the Government. Newspapers published
by the Communist Party are illegal, but Communist views are
expressed in other publications. Although the Government has
sequestered assets of some media businesses owned or controlled
by relatives or close associates of former President Marcos,
there is no convincing evidence of an intent to control
opinion, as opposed to monetary assets, in these cases. In
October President Aquino filed a libel suit against a
prominent columnist who accused her of cowardice during a coup
attempt on August 28.
Human rights groups have registered a number of complaints
about harassment of journalists, particularly by the military,
but such harassment does not appear to be systematic or
frequent. Journalists are able to meet with and interview
those in rebellion against the Government, including military
mutineers and Communist leaders. Such interviews have also
been aired on radio and television. There are popular
politically oriented talk shows on television which air
controversial issues and opinions. Rebel groups issue press
releases which are covered by the media. In December the
Government issued and then revoked an order expelling an
Australian correspondent charged with biased reporting on
economic issues.
Radio and television are important news sources in the
Philippines. Nearly 300 radio stations reach more than 70
percent of all households. There are about 4 million
television sets in the Philippines, bringing programming to
some 40 percent of households. Provincial broadcasting
outlets are generally branches of the five Manila channels.
Like the nev?spapers, radio and television stations come in
many shades of political orientation. Citing public safety
and interest, the Government closed one radio station in
October and warned a select number of other radio stations and
one television channel, which had broadcast programs that
appeared to support military rebels who staged an attempted
coup August 28.
There is no censorship of publications from overseas. Foreign
journalists are usually able to report freely and have often
interviewed rebels, at times in areas they control. Major
U.S. papers and television networks have bureaus in Manila.
Critics charge that the Movie and Television Classification
Board, whose mandate is to monitor films and television
program.s for pornographic content, has hampered political
expression. In 1987 broadcast of a documentary on urban poor
in Manila was delayed for allegedly political reasons.
791
THE PHILIPPINES
Academic freedom is respected in theory and practice. There
are approximately 1.5 million students enrolled in the
nation's 78 state colleges and universities and 1,000 private
schools and colleges. Many shades of political opinion are
freely expressed on campuses. There is no government
censorship of subject matter in classes, university
publications, or conferences.
b. Freedom of Peaceful Assembly and Association
Permits from local authorities are legally required for
outdoor demonstrations in public places, but rallies and
marches are often held without permits. The Aquino Government
observes a liberal policy in this regard, allowing
demonstrations in all but the most provocative circumstances.
A tragic exception to the general rule of peaceful
demonstrations occurred January 22. Soldiers guarding
Mendiola Bridge near the presidential palace fired at an
aggressive crowd of around 5,000 supporters of the militant
peasant's union, KMP. Thirteen marchers were killed and over
100 injured. An official inquiry found that the soldiers had
overreacted to violence, including rock-throwing and possibly
gunfire, from some members of the crowd. The investigating
commission recommended that a number of the soldiers be
charged with negligence and that some of the demonstration's
leaders, including KMP head Jaime Tadeo, be charged with
sedition. As of late 1987, no criminal charges have been
filed as a result of the incident. A number of soldiers have
been reprimanded, and an investigation continues, focusing on
which troops actually opened fire during the demonstration.
A broad range of private, professional, religious, social,
charitable, and political organizations flourish in the
Philippines. Countless popular and civic organizations exist
and meet regularly. The Communist Party of the Philippines,
which advocates the violent overthrow of the Government, is
outlawed.
The Constitution assures all workers, including those in
public service, the right to form unions. Unions m.ay call
strikes only to resolve deadlocks in collective bargaining
agreements or protest unfair labor practices, e.g., firing a
union official without cause. At least 90 percent of the 414
strikes occurring during the first 11 months of 1987 were
legal .
The Aquino Government has taken measures to make union
organizing less difficult even for groups ideologically
opposed to it. Only 20 percent of workers in a given
establishment are needed to organize a union. This compares
with the 30 percent previously required by law. Unions in the
Philippines are free to affiliate with international labor
organizations .
Unions bargain collectively, and most unions in the
Philippines are independent of government and political party
control, although various unions are active in politics. The
former secretary general of the Trade Union Congress of the
Philippines (TUCP) is a senator. Officers of the major
left-leaning union, KMU (Kilusang Mayo Uno, or May First
Movement), ran for Congress under the banner of Partido ng
Bayan, a legal political party with ties to the far left and
the Communist Party.
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THE PHILIPPINES
On November 30, there were 3,185 collective bargaining
agreements, covering 354,000 workers, on file with the
Department of Labor. This compares with 2,029 agreements
covering 262,000 workers only 2 years ago. Membership in
unions was about 2.2 million as of August 1987, or about 10
percent of the labor force. Another 2.7 million are nominal
members of the National Union of Farmers. The discrepancy
between the number of workers covered by collective bargaining
agreements and total union membership results from the fact
that many unions and employers sign memos of understanding in
lieu of formal collective bargaining agreements.
c. Freedom of Religion
There is no state religion. Freedom of religion is fully
respected, and no official discrimination is practiced against
any religious group or its members. Although over 80 percent
of the population is Roman Catholic, the country's sizable
Muslim minority, a number of Protestant churches, the
indigenous Iglesia ni Kristo, Aglipayan Church, and other
sects all enjoy full religious freedom. Non-Christian
Filipinos may follow their traditional faiths. Many minority
cultural groups follow animistic religious beliefs. Foreign
clergymen and missionaries of many faiths practice their
profession freely.
Religious minorities are represented among the leadership and
rank and file of broad-based political parties. Government
service is open to all on a nondiscriminatory basis, and there
are senior civil and military officials who belong to minority
religious and cultural groups.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Filipinos enjoy unhampered freedom to change their place of
residence and employment. They regularly travel and work
abroad. More than 600,000 Philippine nationals work overseas,
many in the Middle East.
Former President Marcos and some close associates have,
however, had their passports revoked, preventing their free
travel and return home. In addition, the Presidential
Commission on Good Government in 1986 issued "hold orders"
preventing certain Marcos associates from leaving the
Philippines pending investigation of their alleged misconduct
during the previous regime. Most of the hold orders have been
lifted after settlement of the cases involved, but some remain
in effect.
While the Philippine Government does not accept refugees for
internal resettlement, it does not turn away those who arrive
on its shores. As of September 1987, there were some 3,500
Indochinese in a first asylum camp in Palawan. In addition to
providing first asylum for "boat people," the Government
cooperates with the United Nations High Commissioner for
Refugees by permitting the operation of a major refugee
processing center in Bataan province. There are more than
10,000 refugees and other displaced persons at the center
receiving cultural orientation, language instruction, and
vocational training before being resettled elsewhere.
793
THE PHILIPPINES
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
A new Constitution was ratified by a 3 to 1 margin in a
nationwide plebiscite on February 2--less than 1 year after
President Aquino assumed office. Prior to the adoption of the
new charter. President Aquino had governed under the authority
of Proclamation No. 3. Popularly referred to as the "Freedom
Constitution," the Presidential Decree preserved many of the
provisions of the 1973 Constitution but abolished the
legislature .
The new Constitution establishes a presidential system similar
to that in existence before the 1972 declaration of martial
law. It carefully limits the power of the President,
establishing a strong bicameral legislature and independent
local governments to discourage authoritarian rule such as
that exercised by former President Marcos. It also creates
autonomous regions for Muslims in the southern Philippines and
for cultural minority groups in remote mountainous regions of
northern Luzon. Implementing legislation is left to Congress.
Candidates of a large number of political parties campaigned
for election to the new Senate and House of Representatives in
nationwide balloting on May 11. A progovernment coalition won
a large majority in both chambers amidst charges by opposition
groups that the elections were marred by massive,
government -assisted cheating. Although some irregularities
occurred, there is no convincing evidence of cheating on a
scale that would undermine the legitimacy of the elections.
Election-related violence resulted in more than 100 deaths.
Voters in some remote areas were intimidated by NPA and other
arnied supporters of some candidates. Despite such flaws, the
May elections were, overall, a free and fair exercise of the
franchise by the Philippine people. The new Congress convened
without incident on July 27.
Eight parties are represented in rhe House of Representatives
and five in the Senate. There are ideological variations
among members of the government coalition. Political
alliances and political party membership are fluid in the
Philippines. Debate in both houses of Congress has been
lively and uninhibited. Opposition legislators are free to
state their positions, and many in the ruling coalition
criticize the Govermuent .
Local elections to replace officials appointed by the Aquino
Government upon assuming power in February 1986 are scheduled
for January 18, 1988. Originally scheduled 'for November 1987,
the elections wei.e postponed upon request of the Commission on
Elections which needed additional time to ensure their
efficient administration. Under the Constitution, all elected
officials will remain in office until 1992, when presidential,
national, and local elections are to be held simultaneously.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Representatives of international human rights groups are free
to travel in the Philippines and investigate alleged abuses.
Delegates of the ICRC, resident in the Philippines, travel
freely to monitor prison conditions and assist persons
displaced by conflict.
794
THE PHILIPPINES
Many of the leaders of the anti-Marcos opposition that helped
bring President Aquino to power had fought for better human
rights practices in the Philippines. President Aquino and her
administration have been especially committed to improving
observance of human rights and established the PCHR within a
month after assuming office in 1986. The PCHR was disbanded
in May 1987 to make way for the constitutionally mandated CHR.
Unlike the PCHR, the CHR accepts complaints of human rights
violations against insurgent forces as well as against the
military. When a complaint is filed, the CHR conducts an
investigation, including a hearing with testimony by the
complainant and the accused, if the accused can be served with
a subpoena. If the CHR determines that a prima facie case has
been made, it has the power to refer the case to military or
civilian courts for trial. The Aquino Government's promotion
of human rights is also evident in its efforts to introduce
instruction in human rights into educational curriculums at
all levels.
Many Philippine religious groups are active in the human
rights field. These organizations are almost exclusively
concerned with abuses committed by military and civilian
government officials and generally do not address
nongovernmental violations of human rights, such as those
committed by the NPA. These groups are unhindered in
conducting investigations around the country and are routinely
able to obtain safe-conduct letters from the Philippine
Department of National Defense.
TFD, established in 1974 by the Association of Major Religious
Superiors of the Catholic Church, is the best known
nongovernmental investigative body. Headquartered in Manila
and with an extensive network of offices throughout the
country, TFD investigates alleged human rights violations and
publishes its findings. Long an outspoken critic of the Marcos
regime and its military establishment, TFD has taken an
increasingly critical stand toward the Aquino Government as
well. Its view that the human rights situation in the
Philippines is deter ioriating is echoed by organizations
comprising the Philippine Alliance of Human Rights Advocates
(PAHRA), including the Ecumenical Movement for Justice and
Peace, the National Movement to Disband the Vigilantes, and
the National Movement for Civil Liberties.
The Free Legal Assistance Group (FLAG), the Mabini Lawyer's
Group, and the Protestant Lawyer's League continue to provide
some legal assistance to victims of human rights violations.
These organizations have become less active, however, since
many of their members joined the present Government and the
political repression of the Marcos regime ended. The
Integrated Bar of the Philippines, a national bar association
to which all Philippine lawyers belong, takes positions on
human rights matters and has organized human rights committees
active on the provincial level.
The Philippines is a party to the principal U.N. human rights
and refugee conventions. In June the Philippines acceded to
Protocol II of the Geneva Conventions, which enunciates rules
governing the law of war in an internal conflict.
795
THE PHILIPPINKS
Section 5 Disci irni nation Based on Race, Sex, Religion,
Language, or Social Status
Muslims in the southern Philippines constitute the raost
numerous nationsl minority. While not the victims of a
concerted policy of discrimination, they and other indigenous
groups have historically received less than their fair share
of government services. Many Muslims believe that their
professional progress in the military or other government
service is hampered by discrimination. The Aquino Government
has committed resouices to correcting inequities, and the new
Constitution recognizes the rights of national minorities
within the framework of national unity and development.
Two regional autonomous governments were established in the
Muslim region under the Marcos regime. Since 1977 separate
religious courts have had the authority to apply Muslim law to
civil disputes. The new Constitution provides for a single
autonomous region for "Muslim Mindanao," subject to
implementing legislation. Despite such concessions, Muslim
groups continue to prsss for greater autonomy.
Philippine ethnic Chinese have become increasingly integrated
inio the population as a whole. An estimated 1 in 10
Filipinos has some Chinese blood, and discrimination against
ethnic Chinese is uncommon.
Women en^oy full voting rights and the right to own and
inherit property. They are prominent in Philippine society
and weli-represented in business and professions, particularly
law, medicine, education, and journalism. President Aquino is
the best known of a large number of women active and
influential at all levels of government. Nonetheless,
Philippine law and custom continue to discriminate against
women in some ways. Prominent examples of discrimination
include limitation on women's rights to buy and sell property
and more exacting standards in criminal prosecutions of men
for adultery. The new Constitution does not prohibit
discrimination on account of sex.
CONDITIONS OF LABOR
The official minimum wage ranges from $3.10 per day for
workers in the national capital region to as little as $2.02
per day for norplantat ion agricultural workers. Despite
having been raised in late 1987, the minimum wage is generally
considered inadequate to support a single adult wage-earner,
much less a family. Widespread failure to observe the minimum
wage results in that rate of pay closely approximating the
country's average wage.
The Government inherited reasonably progressive labor laws.
Senior officials generally seem to be dedicated to the
enforcement of the labor code for the benefit of workers and
unions. The la:.' mandates a 48-hour workweek and a full day of
rest per week. Em.ployees with more than 1 year on the job are
entitled to 5 days' paid leave. The minimum age of employment
is 15. The Government has authority to determine hours and
working conditions among youths aged 15 to 18 years.
Discrimination in payment of such persons is prohibited.
A comprehensive set of enforceable occupational safety and
health standards is in effect, and provisions prohibiting
child labor, protecting younger workers and women, and
regulating hazardous or harmful working conditions are
796
THE PHILIPPINES
relatively advanced. However, funding for an appropriate
number of professional labor inspectors to enforce payment of
the minimum wage and provision of adequate working conditions
is limited. Despite these constraints, the Department of
Labor is making a vigorous effort to secure compliance with
minimum wages and safer working conditions. A regular
inspection program resumed in 1987, and over 10,000
inspections were carried out by the end of October. This
stands in contrast to only 1,441 inspections in all of 1986.
797
SINGAPORE
Singapore is a city-state of 2.G million people; the majority
(75 percent) is ethnic Chinese, with Malays (15 percent) and
Indians (7 percent) constituting substantial minorities.
Singapore has a republican form of government based on a
parliamentary system and dominated by the People's Action
Party (PAP), headed by Prime Minister Lee Kuan Kew, which has
held power since Singapore gained autonomy from Great Britain
in 1959. The PAP received 62.9 percent of the popular vote in
the most recent elections (1984) and holds 76 of 77 seats in
Parliament; 2 additional seats are currently vacant. The
civil service is efficient, and corruption is officially and
actively discouraged.
The Government maintains active internal security and military
forces to counter threats to the nation's security. The
authorities maintain that the Communist Party of Malaya (CPM)
has not abandoned its intent to overthrow the Government by
force and that the need for continuing social harmony requires
special measures.
Singapore's economic system is one of the most open in the
world. In 1987 Singapore continued its recovery from the
recession of 1985-1986, posting a 7.2 percent gross domestic
product (GDP) growth in the first half of the year.
Singaporeans enjoy the third highest per capita income in Asia.
In May and June 1987, 22 people were detained without trial
under the Internal Security Act (ISA) for alleged involvement
in a Communist conspiracy. By December, all but one had been
released. The remaining person has been ordered detained for
2 years. Various international human rights organizations,
including Amnesty International, Asia Watch, and the New
Zealand Committee for Human Rights in Singapore, have stated
that the Government used psychological stress during
interrogation, and Amnesty International declared the detainees
"prisoners of conscience." There were also allegations of
physical abuse by the police from members of the New Testament
Church. The Government denies that it allows the use of
torture .
In April four persons were detained without trial under the
ISA on charges of preparing for race riots to mark the
anniversary of an outbreak of communal violence in May 1969.
According to the Government, the detentions were not made
public until June to avoid arousing tension during the
anniversary period.
The Government imposed severe restrictions on the circulation
of the Far Eastern Economic Review, The Asian Wall Street
Journal, and Asiaweek in 1987 for "engaging in the domestic
politics of Singapore." The domestic press operates under
longstanding, informal limits on its activities.
The ruling party's political and economic management record
provides a continuing source of popular political support.
However, in recent years human rights-related developments,
including the disqualification from Parliament of an outspoken
opposition leader, the tightening of controls on the Law
Society, curbs on the foreign press, arrests under the ISA of
grassroots activists, and proposals for electing parliamentary
candidates by "teams," have also served to reinforce the PAP ' s
political dominance, which had begun to show signs of erosion
following the last general election.
798
SINGAPORE
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known incidents of politically motivated killing.
b. Disappearance
There is no evidence of abduction, secret arrests, or of
clandestine detentions not subsequently acknowledged by the
Government. No such activity occurred on the part of
opposition elements.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited under Sections 330 and 331 of the Penal
Code. Government leaders, including Prime Minister Lee, have
stated that they oppose the use of torture. The New Testament
Church (NTC) has alleged torture of several of its members
arrested in Singapore for unlawful assembly and for disrupting
court proceedings. According to NTC members, those arrested
were subjected to sexual and other physical abuse. There has
been no independent corroboration of those allegations.
Amnesty International and Asia Watch, among others, reported
abuses in 1987 in connection with some of the detentions under
the ISA for alleged Marxist-related activities. Some detainees
reportedly were subjected to continuous interrogation lasting
up to 5 days, deprived of sleep during initial interrogations,
and kept in cells too small to lie down in, and in which the
lights were kept on during limited rest periods to prevent
sleep .
The Home Minister responded in Parliament to questions on the
treatment of ISA detainees by reiterating that torture is not
practiced in Singapore, but he did not specifically address
the issue of psychological stress and sleep deprivation.
Singapore's penal code mandates caning in addition to
imprisonment as punishment for certain offenses, including
rape, theft, robbery, extortion, housebreaking, and vehicle
theft. Although a prisoner may be sentenced to any number of
strokes for multiple offenses, 24 strokes are the maximum
which may be administered.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Arrest without warrant and detention without trial are
permitted in some cases under Singapore law. Arrest without
warrant is authorized under Section 43 of the Criminal Law
(Temporary Provisions) Act and Sections 8 and 65 of the
Internal Security Act (ISA). Detention without trial is
authorized under Section 30 of the Criminal Law (Temporary
Provisions) Act and Section 8 of the ISA.
The Criminal Law (Temporary Provisions) Act is used almost
exclusively in secret criminal society and drug cases. The
Misuse of Drugs Act allows Central Narcotics Bureau (CNB)
officers and customs officials to arrest without warrant any
person suspected of manufacturing, importing, exporting,
possessing, consuming, or trafficking in controlled drugs.
799
SINGAPORE
The Director of the Central Narcotics Bureau can commit
suspected drug users to a 6-month term in a drug rehabilitation
center in cases of positive urinalysis tests. Suspects have a
legal right to challenge the finding and can appeal through
the court system. It is generally accepted that the CNB has
exercised its limited detention powers within the strict
bounds of its authority. There is a functioning system of
bail, and those charged in both criminal and security cases
are entitled to legal counsel.
The ISA permits the Minister of Home Affairs to order the
detention of persons whom the Minister determines pose a
threat to national security. Under the ISA an individual may
be held for an initial 30-day period; within the initial 30
days the Minister of Home Affairs must determine whether the
detainee should be held longer. ISA detainees are allowed
access to lawyers and visits by relatives. The Minister may
authorize detention for up to 2 years. After 2 years, the
Minister must again determine whether the detainee should be
held longer, and may so order, again for up to 2 years. A
detainee's case is reviewed periodically by an advisory board,
to which the detainee may make representations. The board can
recommend to the Minister of Home Affairs that a detainee be
released prior to expiration of the detention order. The
board's recommendations are not binding; persons are released
when the Minister determines that they no longer pose a threat
to national security and that they are unlikely to resume
subversive activity.
The Government used its powers under the ISA twice in 1987.
In May and June 1987, 22 people were detained without trial
under the Internal Security Act (ISA) for involvement in an
alleged Communist conspiracy. Most of the detainees ware
released after a few months, although they were forbidden to
leave Singapore or join any society or organization without
government permission. By December only the alleged leader of
the group, Vincent Cheng, remained in custody. The Government
has said he may be held for 2 years.
In the other ISA case, four Malay Singaporeans were detained
in April on charges of spreading rumors of and preparing for
race riots in connection with the anniversary of the 1969
ethnic strife in Malaysia and Singapore. The men were detained
on April 23, but their detentions were not made public until
June 2, after the anniversary period, when their confessions
were televised. Detainees' families were privately informed
of the Government's action. The detention order permits them
to be held for up to 2 years
Chia Thye Poh, a former Member of Parliament also remains in
detention under the ISA for alleged membership in the Communist
Party of Malaya. He has been held without trial since 1986.
According to the Government, he will be released when he
publicly renounces the use of force to effect political
change; government officials have also commented to foreign
critics of his detention that he would be allowed to leave the
country if arrangements are made to resettle him elsewhere.
Some 1,100 people are held in indefinite detention under the
Criminal Law (Temporary Provisions) Act, approximately half
for membership in mafia-like secret societies and half for
drug-related offenses.
No formal charges have been brought against any of the
detainees held under the ISA. Most of the new detainees have
appeared in interviews on government television to recount
800
SINGAPORE
their activities, but human rights groups have criticized
these interviews, stating that these public statements were
coerced and, in some cases, edited before broadcast. The
Government has commented publicly that in security cases it
will not be bound by the evidentiary and due process standards
otherwise required by law.
Singapore law forbids the use of forced or compulsory labor,
and it is not practiced.
e. Denial of Fair Public Trial
The right to a public trial is observed except for persons
detained under the provisions of the ISA and the Criminal Law
(Temporary Provisions) Act. In normal cases the Criminal
Procedures Code provides that a charge against a defendant
must be read and explained to him as soon as it is framed by
the magistrate. The accused has the right to be defended by
an attorney (advocate). Trial is by a magistrate or judge
rather than by jury. Defendants may appeal their verdicts in
most cases to higher courts. Singapore is a member of the
British Commonwealth and allows for further appeal to the
Judicial Committee of the Privy Council in London.
Judges are appointed by the President on the recommendation of
the Prime Minister in consultation with the Chief Justice.
Subordinate court judges (magistrates) and public prosecutors
are civil servants and can be transferred by the Public
Service Commission.
Citizens can take government agencies to court over such
matters as compulsory land acquisitions and compensation. The
Government has not lost a case involving a challenge to its
major policies. Members of both the ruling and opposition
political parties have been taken to court in recent years on
nonpolitical charges. The political opposition has accused
the government leadership of interfering in the judicial
process in politically related cases. The Government has
denied allegations of executive interference in the judiciary.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government uses its wide discretionary powers when it
believes that the security of the nation is threatened. In
most cases, search warrants are required for intrusion into
the home. Law enforcement officers may, however, search a
person, home, or property without a warrant if they have
reasonable grounds to believe that it is necessary to do so.
In the relatively small number of ISA cases, warrantless
searches are common. Judicial review of such searches can be
undertaken by the courts at the request of the defendant, but
is not automatic. Divisions of the Government's law
enforcement agencies, including the Internal Security
Department and the Corrupt Practices Investigation Board
(CPIB) , have a wide network for gathering information.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution permits official restrictions on the freedom
of expression, and the Government stated flatly in 1987 that
it sets its own standards and has no obligation to uphold a
free and unrestricted press. In practice, freedom of speech
801
SINGAPORE
and press are circumscribed, and the Government forbids
statements which it believes might arouse tensions among the
various races. Inflammatory discussion of race, religion, and
language is officially forbidden.
Newspapers are published by private firms with close ties to
the national leadership. V«Jhile there is no direct censorship
of the press, editors have acknowledged the restraints, and
journalists understand the guidelines within x-zhich they must
operate. The local media did not significantly exceed these
guidelines in 1937. The foreign media is monitored closely
and must adhere to terms and conditions set by the Government.
The Newspaper and Printing Press Act was ammended in 1986 to
allow the Government to restrict the sales and distribution of
foreign publications deemed to have "engaged" in Singapore's
domestic politics. The Government has interpreted this law to
include an obligation to publish government letters correcting
alleged errors in reporting.
The Government restricted distribution of three foreign
publications in 1987. In February circulation of the Asian
Wall Street Journal was cut to 400. In October Asiaweek's
circulation was reduced to 500 copies. In December circulation
of the Far Eastern Economic Review was also cut to 500. (In
1986 authorities had imposed similar curbs on Time Magazine.)
The Government contends that it has an unrestricted right of
reply to foreign media coverage of Singapore. The Journal has
challenged the Government's action in Singapore courts, arguing
that failure to publish without editing a letter from a
government official cannot be construed to be "engaging in the
domestic politics of Singapore," the law's operative provision.
The Government's initial legal position holds that action under
the law involves political considerations and is not open to
judicial review, and that foreign entities have no standing to
challenge such actions in local courts. In the Journal case,
the newspaper contended that it had no unqualified obligation
to print letters and that the original letter from the
Government's press secretary unjustifiably questioned the
integrity and motives of its correspondent. In the Asiaweek
case, authorities announced curbs because the magazine had not
published "without alteration" two government let'jers "to
correct errors" in a September article about ISA arrests of
alleged Marxists. The Governm.ent accused the Far Sastern
Economic Review of printing "malicious criticism" ind
"damaging statements" against the Prime Minister, even though
the magazine consistently accorded the Government the right of
reply. Prime Minister Lee's lawyers ere also suir.j foe
damages .
In July restrictions imposed in 1936 on the circulation of
Time magazine were rescinded, and it now circulates freely.
A wide range of international magazines and newspapers can be
purchased uncensored in Singapore, although Malaysian
newspapers are not circulated. The country is a ragicnal
publishing center for a number of international magazines and
newspapers ,
The government-owned Singapore Broadcasting Corporation has a
monopoly on domestic radio and television broadcasting, and
follows government guidelines similar to those pe taining to
local print media. Malaysian radio and television can be
received uncensored in Singapore; the BBC World Service also
broadcasts locally on the FM band. An official board of film
censors approves motion pictures, including video cassettes
802
SINGAPORE
and television programs. Other government bodies censor other
media; such censorship is aimed at material which the
Government believes would undermine morals, advocate excessive
permissiveness, promote drug abuse, or increase social tension.
Literature and films featuring sexual or drug-related themes
are therefore banned.
b. Freedom of Peaceful Assembly and Association
Assemblies of more than five people in public, including
political rallies, are authorized only with permission from
the police. In practice, the Government does not stop
gatherings of groups of people for social purposes, whatever
their number.
Associations, societies, clubs, churches, and other
organizations with more than 10 members must be registered
with the Government under the Societies Act. Registration is
denied to societies that the Government believes are likely to
be used for unlawful purposes or for purposes prejudicial to
public peace, welfare, or public order. Arrests have been
made at gatherings of unregistered organizations which the
Government has viewed as inimical to the public interest. In
March 1987, several members of the New Testament Church were
arrested after conducting a demonstration in the central
shopping district to protest the arrest and deportation of
other church members. Fines of about $1,000 or imprisonment
of 3 months were imposed on seven church members.
Unions are legal and play an important role in conveying
labor's concerns to both management and government in
Singapore. The Trades Union Act places restrictions on some
workers' rights, including prohibitions on the unionization of
uniformed employees and the holding of union office by persons
with criminal records. The national work force is comprised
of about 1.2 million workers, of which some 200,000 are
organized into 83 trade unions. Seventy of these, including
about 90 percent of the unionized workers, are affiliated with
an umbrella organization, the National Trades Union Congress
(NTUC) , which has a close relationship with the Government. A
deputy prime minister serves as its secretary general, and
members of Parliament are on its board of directors. The
American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO) has criticized the Government's trade
union policies as being designed to further its development
goals. It has noted unfavorably that there has been only one
strike in 8 years and that senior government officials serve
as members of the NTUC Board of Directors. It has also
alleged that the Government makes it difficult for unions to
be formed and exist outside of the NTUC, that the National
Wage Council is biased in favor of the Government, and that
Council guidelines dictate that wage increases not interfere
with economic growth, not decrease productivity, and not deter
investment. Some observers in Singapore claim that the fact
that members of the Government serve as ranking officers in
the NTUC works as much to the advantage of the trade unions as
to the Government, especially because Singapore is in effect a
one-party State. Several unions outside of the NTUC,
representing catering staff and pilots for Singapore Airlines,
function freely and have a reputation for aggressively
representing members' interests.
Workers have the legal right to strike, but strikes are rare.
In the only recent strike (in 1986), NTUC officials, including
PAP members of Parliament, joined the picket line. Reasons
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SINGAPORE
given for the pducity of strikes include a culLural aversion
to confrontation on the part of the workers, the fact that
there is a functional institutional framework for resolving
induotrial disputes, and a widespread belief that the
Governiiient would intervene in activities '..'hich would raflecL
badly on Singapore's attractiveness as an investmerit locale.
Anc'thei" probatle factoi is the fact that from 193C to 1985
wage increases averaged 7 percent while th.^ gross domestic
product grev; at an average annual rate or G.l t^Jt^cent.
Collective baigaining is a normal t^art of aanageraeut -labor
ifclations. Cn the a 'erage, collective bargaining agreements
aie iCncwed every 2 to 'i years. As the wags increase figures
cited abovi indicate, laLor has fared relatively well at the
baigoinintj table. This result may be attridutabie in part to
Sincapoie's sirali size and population, v.'hich means that the
labor supply is constrained. Wori^ers uith increasingly higher
skill levels have a record of job hopping if they are
dis.satisf ied with their woikplecei: The Government seeks to
make Singajoic highly coinpetitive in international trade and,
3s part of that effor_. strives continuously to upgrade the
skills of workers.
•Jho NTl'C is a member of the International Confederation of
Free Trade Unions; Slncapore is a member of the International
Labor Orgai:izc.ticn.
c. F/eedom of Religion
Fieedcia of religion is protected by the Constitution and
generally respected in practice, although the Government
restricts religious sects holding views it considers inimical
to the coiwnon good by application of the Societies Act, and
has banned some splinter groups. A Presidential Council on
Minority Rights exists to ensure that legislation does not
infringe on the rights of ethnic or religious minorities.
There is r.o state religion; the Government, however, does
provide financial assistance to some religious bodies to allow
them to build and m.aintain places cf worship. There is no
religious test for membership in the PAP. Missionaries are
permitted to work and to publish religious texts.
Proselytizing, although permitted, is a sensitive issue among
some religious minorities.
All religious groups are subject to government scrutiny and
must be legally registered. The Government draws a sharp
distinction between purely religious activities and social
activis.m flov;ing from religious beliefs. In December the
Governn-ient expelled five expatriate officials of a Christian
organization for alleged involvement in domestic political
activities. Also, some of the 22 persons detained in
connection with the alleged Marxist conspiracy were connected
with social action groups affiliated with the Roman Catholic
Church, and were critical of government policies on such
isoues as the treatment of foreign workers. Four priests
active in Catholic social organizations resigned their
positions under government pressure.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no li.mitations on freedom of movement within the
country other than those under the ISA. The ISA allows the
Minister for Home Affairs to suspend or revoke a detention
order or impose restrictions on a person's activities, place
804
SINGAPORE
of residence, and travel outside of Singapore. All Singaporean
residents over the age of 13 are required to register with the
Government, receive and carry an identification card, and
report changes of address within 14 days. A person may be
denied a passport at the Government's discretion, although in
practice this applies only to those convicted of a serious
crime. Males approaching the age of 18 (when national service
is generally performed) must obtain an exit permit from the
Ministry of Defense. Recipients of government-financed
educational benefits are required to sign a bond obligation to
serve the government for a fixed period and may not emigrate
without paying the balance of their bond.
The right of voluntary repatriation is extended to holders of
Singaporean passports. Several hundred ethnic Chinese who
left Singapore for China during the politically difficult
1940's and 1950's have encountered obstacles to their return.
In 1985 Parliament provided for the loss of citizenship by
Singaporeans who remain outside Singapore for more than 10
years. Action under this new law is discretionary and has
been taken selectively in cases where foreign residents with a
prior claim to Singaporean citizenship have attempted to
return, and most recently in the case of alleged Marxist
ringleader Tan Wah Piow, who resides in the United Kingdom.
Refugees are granted first asylum for 90 days in Singapore if
they arrive legally in the country and have third-country
guarantees of resettlement.
In September two Vietnamese stowaways who swam ashore from a
Vietnamese ship were returned to the ship before resettlement
guarantees were given to the Government. The ship sailed back
to Vietnam. In December five Vietnamese stowaways were forced
to remain on board a Liberian ship which stopped in Singapore
en route to Malaysia. Another group of five stowaways,
however, was admitted in November. Government officials have
stated that Singapore will only admit stowaways when a
resettlement guarantee exists and when the ship in question is
returning directly to Vietnam.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Lee Kuan Yew has served as Prime Minister since independence.
The party which he heads, the People's Action Party (PAP), is
a broadly based institution, with roots in neighborhood
organizations, and it is the dominant political party in
Singapore. It includes representatives from all racial
communities in Singapore. Non-Communist parties are legally
free to organize, in accordance with strict regulations on
party constitution, fund raising, and accountability. There
are now 19 registered political parties in Singapore in
addition to the PAP, although most are dormant. These parties
are closely monitored by the Government, which justifies its
action on the grounds of possible Communist infiltration and
enforcement of libel laws in connection with election
campaigning .
Several of the persons detained in 1987 in connection with the
alleged Marxist conspiracy had links with the Workers' Party,
headed by former MP J.B. Jeyaretnam. None of the detainees
were formal members of the party, according to Jeyaretnam, who
alleges that the arrests were aimed at discouraging
participation in opposition political parties in general and
the Workers' Party in particular. Jeyaretnam lost his seat in
Parliament in 1986 after sentencing was adjusted in a losing
805
SINGAPORE
court battle over a case involving the mishandling of party
funds. He was also fined approximately 9,000 dollars in May
1987 for abuse of parliamentary privilege and disbarred in
October 1987. With the expulsion of Jeyaretnam, there is only
one opposition party member in Parliament.
P.a.P leaders have introduced a bill in Parliament calling for
tne redistricting of parliamentary constituencies. Under the
proposed "team MP" concept, up to half of the candidates for
Parliament would run for office in groups of three candidates
and would be elected as a bloc. Critics of the proposal charge
that the concept provides yet another advantage to the large
and well-organized ruling party. The concept has been refined
by PAP officials to include a proviso that teams of candidates
should be racially balanced to preserve parliamentary
representation for all of Singapore's ethnic groups.
Opposition political figures continue to charge that the intent
of the proposal is to dilute opposition voting strength among
larger constituencies.
Despite the controversy over the team proposal and other PAP
political tactics, it is widely conceded that the voting and
vote-counting system is fair, accurate, and free from
tampering .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no organizations in Singapore which actively and
openly monitor human rights violations. Governmental bodies,
such as the Presidentially appointed Minority Rights Council,
monitor for violations of minority rights, primarily for any
concerning the Malay minority. Amnesty International is not
allowed to operate in Singapore. Representatives of Amnesty
International and other human rights groups are not allowed to
visit Singapore in an official capacity. In July an Amnesty
International-sponsored committee visited Singapore in the
wake of the ISA detentions but was not granted interviews with
government officials. The committee consisted of a member of
Amnesty International's International Secretariat and an
Advocate of the Supreme Court of India. An Asia Watch team
also visited Singapore in December. A scheduled meeting
between the team and Singaporean officials was canceled when
the F'ar Eastern Economic Review printed a letter from Asia
Watch condemning the ISA detentions. The Government said the
letter showed that Asia Watch had a closed mind about the
situation in Singapore.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Social, economic, and cultural facilities are available to all
citizens regardless of race, religion, or sex. Minorities are
constitutionally afforded equal rights and actively participate
in the political process. Disparities exist among the various
races, although not as a result of government policies.
According to 1980 census data, for example, 0.21 percent of
Malay Singaporeans had a university education, while 1.8
percent of Chinese citizens and 2.44 percent of Indian
Singaporeans attained that level of education.
Women generally enjoy equal rights, primarily under the 1969
Women's Charter and the Constitution, but they do not have
equal rights with men in the transmission of citizenship to
806
SINGAPORE
their children or in the right to residence of a foreign spouse
in Singapore. Muslim women's rights are protected by the
provisions of the 1957 Administration of Muslim Law, which
permits Muslim women to apply for divorce and permits them to
hold and dispose of property. Women have voting rights and
the right of economic equality under the law.
There are few women in the top ranks of the civil service or
business. As a result of the 1984 election, however, there
are three female members of Parliament. In 1986 the median
gross monthly income of female workers was 76 percent of that
for male workers.
CONDITIONS OF LABOR
The Singapore labor market offers relatively high wage rates
and working conditions consistent with accepted international
standards. Singapore has no minimum wage or unemployment
compensation; the Government enforces comprehensive
occupational safety and health laws. Enforcement procedures,
coupled with the promotion of educational and training
programs, have reduced the frequency of job-related accidents
by a third from the early 1970 's to the early 1980's. The
average severity of occupational accidents has also been
reduced.
Child labor laws protect young persons from exploitation and
hazardous working conditions. Employment of children below
the age of 12 is prohibited, as is nighttime work by those
below the age of 16.
807
SOLOMON ISLANDS
Solomon Islands is an archipelagic country comprising 6 large
islands and many smaller ones stretching over 840 miles in the
South Pacific. Its total population of about 285,000 makes it
the second largest (after Papua New Guinea) of the Melanesian
countries. The Government is based on a modified Westminster
parliamentary system consisting of a single-chamber legislative
assembly of 38 members. This system, adopted when the country
became independent in 1978, accords well with both Solomon
Islands' experience and the Melanesian tradition of leadership
based upon individual achievement and political consensus.
Political legitimacy thus rests on free popular voting. The
police are under civilian control; there are no other armed
forces. The courts are independent and vigorously protect
individual rights. Since independence, two parliamentary
elections have been held and two additional changes of
government were accomplished by vote of Parliament.
The gross domestic product (GDP) has been dropping since 1984
and although the rate of decrease has slowed in recent months
it is still down about 16 percent. This is attributed
primarily to population growth of around 3.5 percent yearly
and a stagnant economy. Depressed world prices for copra and
the aftermath of a cyclone in 1986 continue to retard economic
growth.
Human rights in Solomon Islands are protected rigorously. No
abuses were reported in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Political killing has not occurred in Solomon Islands.
b. Disappearance
There are no reports of political disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is neither practiced nor condoned. All basic
individual rights are provided for in the Constitution,
implemented by the authorities, and defended by the courts.
In addition, there is a constitutionally provided office of
Ombudsman to look into and provide protection against
administratively caused excessive or unlawful treatment.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There is no evidence of politically motivated arrests. Exile
is not practiced. Forced labor is forbidden, except as part
of a sentence or court order.
e. Denial of Fair Public Trial
Accused persons are entitled to counsel. Provision is made
for writs of habeas corpus under the law. Coerced statements
are illegal. Violations of civil liberties are punishable by
fines and jail sentences.
808
SOLOMON ISLANDS
f. Arbitrary Interference with Privacy, Family, Home, or
Co r r es pondence
In addition to legal provisions, the traditional culture
governing the daily lives of most Solomon Islanders provides
strong protection against these types of abuses.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Constitutional provisions, an independent press, and a
functioning democratic political system combine to insure
freedom of speech and press. There are two private weekly
newspapers, weekly and monthly national government
newsletters, and one provincial government weekly. The
state-owned radio gives significant coverage to statements of
opposition politicians. There have been no restrictions on
foreign press activity since 1984.
b. Freedom of Peaceful Assembly and Association
The right of association is constitutionally guaranteed and
freely exercised. Demonstrators, however, must obtain a
permit, which is usually granted.
Unions have the right to engage in collective bargaining and
in the private sector they have the right to strike, a right
which has been exercised often.
The largest trade union, the Solomon Islands National Union of
Workers, and other smaller unions freely organize workers.
The plantation sector, however, is not widely unionized.
Solomon Islands' unions are associated with several
international organizations, including the International Labor
Organization and the International Confederation of Free Trade
Unions .
c. Freedom of Religion
Freedom of religion is guaranteed by law; there are no
controls on the practice of religion and no religious
discrimination. Although Christianity is the dominant
religion and a wide variety of Christian denominations are
represented in the islands, indigenous beliefs also flourish.
Missionaries work without restrictions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no legal or administrative restrictions on the
freedom of movement of Solomon Islands' citizens within or out
of the country. Natural-born citizens may not be deprived of
citizenship on any grounds.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Since independence, Solomon Islands has had two parliamentary
elections and several elections for provincial and local
councils. Parliamentary elections were most recently held in
November 1984. Election results were contested in some
constituencies, and court decisions resulted in new polls in a
few instances. Prime Minister Ezekial Alebua has led the
809
SOLOMON ISLANDS
Government since a coalition realignment in November 1986.
Citizens over the age of 18 enjoy universal suffrage.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no allegations by outside organizations of human
rights violations in Solomon Islands nor any request for
investigations .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination based on regional or ethnic considerations is
not practiced. The law accords women equal legal rights, but
the culture, in which males are dominant and women seen in
their traditional family roles, has hampered them from taking
more active roles in the economic and political life of the
country. There are no women in senior governmental positions
or in Parliament, although women are involved in politics and
have run for national office. A shortage of employment
opportunities and a predominantly young population with many
job seekers have also inhibited women from entering the work
force. About 25 percent of the population aged 15-54 works
for wages. Another 70 percent are self-employed, mainly as
copra farmers or market gardeners, whose wives and family
members are usually unpaid helpers.
CONDITIONS OF LABOR
Solomon Islands has comprehensive laws on workers' rights.
Child labor is forbidden for children under the age of 12
except in the company of parents in light agricultural or
domestic work. Children under 15 are barred from work in
industry or on ships; those under 18 cannot work underground
or in mines. The standard workweek is 45 hours and limited to
6 days. Power to set minimum wages lies with provincial
governments. In Honiara, the capital, the minimum wage is
about 30 cents per hour. There are provisions for premium pay
for overtime and holiday work. Both a strong labor movement
and an independent judiciary ensure widespread enforcement of
labor laws in major state and private enterprises. The extent
to which the law is enforced in smaller establishments and in
the subsistence sector is unclear. Information on occupational
safety and health legislation is not available.
810
THAILAND
Thailand'o governmsnt is a constitutional monarchy with a
strong expcutive branch and a weaker bicameral legislature
composed of a 347-meraber elected House of Repre-Eentatives and
s 2 6 0 -membe r appointed Senate. The elected house wields less
power than the bureaucracy and the military, the latter playing
5 strong and often dominant role in Thai politicril lifa. The
Senate, which has fev; legislative powers., is composed largely
of active duty or j.etired military man. The monarchy exerts
strong informal influence The Prime Minister and n.embers of
his Cdhlnet are subject to votes of confidenca, although they
ne3d not be elected membe's of Parliament them.selves. Free
national slsctJons for the House of Representat is-es were held
in July 1936 with record participation, follcwinc which the
current Trrme Minister, General (retired) Prem Tin.^iulanori, who
has held office since 1980, foimec- a four-party coalition
government supported by roughly twc-thiids of the liouse.
Thailand Is an emerging, middle-income, developing country
with c free entsrprisr economic system in which individual
economic interests and the right to hold private property are
strongly protf^ctad. Although the industrial sector has
expanded rapidly in recent years, 70 percent of the Thai
people still .iive in the countryside, and agriv^ulture reniains
thi main sourre of livelihood.
Thailand's security services operate within a constitutionally
men''.ated franewr.rk reflectir;g the strong executive branch
orientation of the Government. They have formidable powers,
sometimes utilized in a heavy-handea or uneven way.
Nonethelfs.'s, human rights abuses attributable to the security
services are not sanctioned by the Government, which has taken
steps to ameliorate those abuses that do occur.
Comanunist insurgents and Muslim separatists operate in rural
orsas and use terrorism to advance their respective aims.
Criminal groups also often resort to violence. In recent
years, the Gcvernment has irade notable progress in reducing
the influence of these groups, particularly of the first two.
Ccmirunist strength has declined markedly due to several
factors, including an amnesty program for defectors and
firiancial assistance to help them reintegrate into society.
Go-.-ernment efforts to integrate Thailand's JVIuslim community
have considerably vitiated che threat of radical fundamentalism
and separatism.. Sporadic low-level violence in southern
Thailand by Communists and Muslim.s continues, however.
Thailand continued to offer sanctuary and assistance to
Indochinese refugees already present in the country prior to
third-country resettlement. It is increasingly reluctant,
however, to accept new arrivals, particularly Laotian
highlanders who have proven the most difficult to resettle in
third countries. Were international resettlement to flag
further. Thai policies might become even more restrictive.
During 1987 Thailand's citizens continued to enjoy a wide
range of civil and political liberties. Autonomous political
parties, gatherings, and associations are allowed, and freedom
from arbitrary detention or search is generally safeguarded,
notv;ith3tanding some rarely enforced restrictive laws.
Although it practices some self-censorship, particularly in
regard to the military, the press is among the most free in
Asia. Human rights activists in Thailand are able to bring
issues to the attention of the Gcvernment and public and to
lobby for corrective action.
811
THAILAND
International concern about human rights in Thailand has
centered on the treatment of Indochinese refugees and displaced
persons, an area where some well-documented abuses have
occurred. These include the rape and murder of several Khmer
by Thai security forces. The Government acknowledges the
seriousness of the problem, and as 1987 came to an end, had
taken some steps to alleviate the sources of abuses.
Similarly, the Thai Government has instituted policies
designed to ensure that asylum seekers from Laos will not be
forcibly repatriated, as happened in some past instances.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings, including summary
executions, in which official government involvement was
alleged. Nonetheless, senior Thai officials have been quoted
by newspapers as acknowledging that police execution of
habitual serious criminal offenders without due process
occasionally does occur, largely in southern Thailand, an area
which regularly records the nation's highest crime rates and
parts of which still retain a "Wild West" atmosphere. In late
1986, a convicted robber, who held a prosecutor and two judges
hostage, was found hanged in his cell 2 days after his arrest.
In mid-1987, a convict responsible for leading a prison riot
was found hanged in his cell on the morning following the
inmates' surrender. Both incidents were termed suicides.
In rural areas. Communist insurgents and ethnic separatists
have continued to use violence, including murder, to pursue
their respective objectives. Their targets have included
low-level government officials, local entrepreneurs, and
security officials.
In past years, a number of journalists died violently in rural
areas. Such killings have diminished sharply in recent years,
and local human rights activists regard the situation as
distinctly improved. The motivations for these killings are
not entirely clear. Some of the murdered journalists had
published exposes on corruption or illegal activity. Others
apparently had engaged in blackmail or extortion and likely
were killed in retaliation.
b. Disappearance
Communist insurgents and Muslim separatists have used
terrorism as a political weapon, resulting in the
disappearance of civilians and government officials. Such
incidents are increasingly rare.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Thai Government has stated its opposition to the use of
cruel, inhuman, or degrading punishment. According to human
rights activists in Thailand, abuses of authority, both real
and alleged, relating to cruel and inhuman punishment or
treatment have declined steadily over the last several years.
There has been widespread international concern, however,
about reports of human rights abuses in the border camps. In
1987 paramilitary elements responsible for security at the
812
THAILAND
Site Two Cambodian border camp were involved in a number of
robberies, rapes, and murders. In a particularly blatant case
of abuse, a Thai camp guard beat two Cambodian camp residents
July 31 in front of witnesses. They fled into a nearby wooded
area with the Ranger in pursuit. Shots were heard, and the
two camp residents were found dead a short time later. Thai
authorities have issued an arrest warrant for the Ranger
accused of the murders, but he has not yet been apprehended.
There have also been credible reports that some Thai
paramilitary personnel around Site Two have been involved in
blackmarket activities and prostitution and have physically
assaulted or killed camp residents in connection with these
activities. A Lawyers Committee for Human Rights delegation
visited Thailand in January to look into the security situation
at Site Two and will return in early 1988. Steps to improve
the Thai security forces and curb the illegal activities are
being taken, including the establishment of a legal market and
the replacement of Task Force 80 Rangers with better paid and
trained security personnel.
Prison conditions in Thailand remain poor as a consequence of
low novernment expenditures, lim.ited staff, corruption, and
narcotics abuse by prisoners. Prisoners are subject to strict
regulations, including corporal punishment for infractions.
Attempted prison escapes are suppressed with force, regularly
resulting in deaths. Prison conditions vary with the
prisoner's social and economic status as well as with the
nature of the offense. VJesterners generally receive
preferential treatment, but there is no systematic
discrimination.
d Arbitrary Arrest, Detention, Exile, or Forced Labor
Thailand's criminal and civil codes follow Vv'estern European
models, and the rights of suspects are similar to those in
Western Europe. Except in cases of crimes in progress, arrest
warrants generally are required, and specific charges must be
brought within 3 limited time period against those detained.
There is a functioning bail system. Reports of arbitrary
arrest are infrequent.
A small number cf Communist insurgents and Muslim, separatists
have been detained without trial under martial law provisions.
Although these provisions were eased significantly in 1984,
and most of those arrested under these provisions have since
been released, some remain in detention. Currently, the only
legal basis for arrest and detention without specific charges
for long periods (up to 480 days) is the Anti-Communist
Activities Act. In early 1987, some 18 alleged Communists
were arrested under the provisions of this Act. Five have
been released, but the others are still in detention.
According to local human rights groups, those detained under
the Ant i -Communist Activities Act have not been mistreated
systematically, but activists maintain that the detainees
often are denied access to medical treatment and that this
results in a variety of physical problems. Summary exile is
not practiced.
Section 31 of the Constitution prohibits forced or co.mpulsory
labor except in time of war, during a state of emergency or
martial law, or to avert imminent "public calamity." There
are no known violations of this prohibition.
813
THAILAND
e. Denial of Fair Public Trial
The Constitution grants Thai citizens the presumption of
innocence as well as access to courts or administrative bodies
to seek redress. Suspects can be denied the right to legal
counsel during the pretrial or investigative period of their
cases, but before trial they have access to a lawyer of their
own choosing. Summary punishment is not practiced.
The Thai legal system provides for trial by judges rather than
jury. Cases are heard on the basis of specific charges,
usually well-documented, by a panel of judges. During the
martial law period (October 1976 to August 1984), military
courts had jurisdiction over cases involving internal and
external national security. Thai relations with other nations,
and offenses against the royal family and public peace. Since
1984, however, military courts are used solely in cases
involving only military personnel. All other cases come under
the jurisdiction of civilian courts. The alleged plotters of
the 1985 coup bid are being tried in civilian courts.
Persons tried in both the military and civilian courts enjoy a
broad range of legal rights, including the right to counsel
both in the trial and appellate stages. A civilian court
decision may be appealed; a military court decision may not.
Both court systems, however, allow appeal for a royal pardon.
Moreover, prisoners sometimes benefit from periodic royal
amnesties. On the occasion of his 60th birthday in December,
the King granted a royal amnesty (commuting or shortening
sentences) to some 20,000 inmates in Thai prisons. The courts
are relatively independent of external pressures. There have
been allegations, however, of both government and private
influence being brought to bear on certain cases, often those
involving narcotics.
A pilot government program to provide free legal advice to the
poor continues in operation. Most free legal aid, however,
comes from private organizations, including the Lawyers*
Association and the Women's Lawyers' Association.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Thai society is essentially an open one where membership in
political organizations is voluntary, the police function is
seldom abused for security or political purposes, and the
unmonitored exchange of ideas generally is permitted, although
those espousing leftist or Communist views are probably
watched by the security services. Thai law requires that
police possess a search warrant prior to entering a home
without the owner's consent. There are allegations that
officers sometimes endorse warrants in advance and then allow
their subordinate noncommissioned officials to apply them as
needed. Sections of the Anti-Communist Activities Act allow
officials involved in specifically designated "Communist
suppression operations" to conduct searches without warrants,
but these powers have been used sparingly.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution affirms citizens' rights to free speech and a
free press, but there are laws which impose restrictions on
those rights. The principal legal restrictions on these
814
THAILAND
freedoms are prohibitions against insulting or defaming the
King, Queen, Heir Apparent, or Regent (lese majeste),
advocating a Communist system of government, or publishing
materials which threaten national security. A former Deputy
Interior Minister was acquitted of lese majeste charges in
mid-1987, but the verdict was overturned on appeal by the
prosecution. He has filed an appeal with the Supreme Court.
In November former police major Anan Senakhan, who was serving
a 6-year sentence for a lese majeste conviction, was pardoned
and released. In late 1987, allegations of lese majeste were
made against two persons. One, a police general, was relieved
of his duties pending an investigation; the second, a senior
civil servant, resigned from his post in response to the
threatened court case. In both cases, lese majeste charges
seemed to some observers intended to achieve other aims, i.e.,
the removal of political or personal opponents. Traditional,
rather than legal, strictures exist against severe criticism
of religious institutions, ethnic groups, or the military.
Thai citizens enjoy substantial freedom of speech, and the
Government permits criticism of its policies. However,
criticism is not entirely without its risks. On two separate
occasions, a prominent member of the parliamentary opposition
had first his house, then his newspaper offices, bombed by
mysterious assailants after particularly vehement attacks on
the Government and the military.
International publications circulate freely in Thailand, as
does a wide range of political and social commentary presented
by the privately owned Thai press. Technical publications and
pamphlets, including those of academics, circulate freely and
the latter present viewpoints ranging from the non-Communist
left to the ultraright. Foreign and domestic books are not
censored, except in rare instances where publications are
critical of the royal family or the Thai monarchy.
Television and radio stations are licensed by the Government
and operated both by government and private entities as
commercial enterprises. Although the Government's Broadcasting
Directing Board in theory reviews all television programs
prior to broadcast, in practice most programs are not
prescreened, and stations present a range of viewpoints.
Radio stations are required to carry a government-produced
newscast four times daily, but are free to originate other
news and commentary. Opinions critical of government
positions have been broadcast but, in general, controversial
issues are treated cautiously, if at all.
The press continues to operate under the restrictions imposed
by the Press Law of 1941 and remnants of past martial law
orders. It is cautious regarding criticism of the military
and practices self-censorship. Current legislation permits
the Government to close newspapers and revoke the licenses of
editors of newspapers which publish stories deemed to be
libelous or contrary to national security interests. In 1987
the House of Rv-^presentatives passed a long-awaited press law
which would give the press greater flexibility. The Senate
changed the legislation to retain the Government's authority
to close newspapers for national security reasons, but the
House rejected the amended version of the bill. The bill
currently is not expected to become law in any form before
mid-1988 at the earliest. The Government infrequently uses
its statutory power over the press. In 1987 the Government
closed one newspaper. The newspaper resumed publication
within a few weeks.
815
THAILAND
b. Freedom of Peaceful Assembly and Association
The Thai Constitution ensures the rights of assembly and
association. In practice, these rights are exercised freely
by politicians, students, labor, and other interest groups
without government interference. All associations, including
labor unions, must be registered by the Thai Government. The
Government, however, has not used the withholding of
registration to inhibit freedom of association for any groups.
Permits are not required for assembly in Thailand, but the
Government has often attempted to discourage those labor
demonstrations which have political overtones.
Most of the internationally recognized rights concerning labor
have been recognized legally since 1975, with the passage of
the Labor Relations Act. The Act affirms, among other things,
the rights of employees to form and join unions or employee
associations of their own choosing; decide on the constitutions
and rules of their associations and unions; formulate their
views without government or employer interference; confederate
with other unions; be protected against discrimination,
dissolution, suspension, or termination by any outside
authority because of union activities; and have employee
representation in direct negotiations with employers. The Act
also defines the mechanisms for such negotiations and for
conciliation and arbitration under government auspices in
cases under dispute. The conciliation and arbitration
procedures are mandatory for state enterprises. All rights
under the 1975 Act specifically do not apply to government
workers at any level, though most do apply to state enterprise
workers .
Thai labor has organized slowly since these basic rights were
affirmed 12 years ago. Currently, less than 7 percent of the
industrial work force claims union membership, a proportion
which is not expanding rapidly. A benign relationship has
existed historically between employer and employee, reducing
the inclination of workers to engage in confrontation with
management. A provision of Thai labor law permitting the
formation of labor unions with as few as 10 members contributes
to a high degree of f ractionalization at both the union and
confederation levels; the Government defends this provision as
promoting a democratic and grass-roots labor movement
accessible to employees of even the smallest enterprises.
Labor leaders recognize that this division weakens their
overall impact, and are endeavoring to consolidate their
activities. Thai unions are generally very independent,
though some critics claim that the above-cited law promotes
the existence of company unions beholden to management.
Critics also contend that the legal requirement for union
leadership to be employed full time in an enterprise
diminishes their independence from management; however, the
law also requires that leadership be excused from work to
pursue union business, and this requirement usually is
respected. Thai unions tend to be apolitical, in part because
the 1975 Act withholds certain protections in cases of
"political" activity. The alleged involvement of several
prominent labor leaders in a 1985 coup attempt has sparked
debate about labor's role in politics.
Thai labor, whether unionized or represented by "employee
associations," is guaranteed the right of collective
bargaining. Thai law prescribes a detailed procedure to
ensure employee participation in the determination of working
conditions, wages, and benefits. Such bargaining currently
816
THAILAND
focuses more on benefit pack, jes and working conditions than
on wages. Both labor and management often prefer to resolve
potential differences through a variety of informal channels
before turning to formal collective bargaining. While strikes
are legal (but infrequent recently) throughout most of the
private sector, the right to strike does not extend to civil
servants or employees of state enterprises, private colleges
or universities, and a variety of "essential" service jobs
such as those in transportation and communications. In
practice, employees in these sectors have struck on occasion,
often without penalty. In almost all cases, disputes are
resolved in state enterprises without resort to strikes, in
part because Thai law prohibits strikes (and lock-outs) in
state enterprises until conciliation and arbitration
procedures have run their full course. In most of the private
sector, 24-hour notice to management is the only prerequisite
to a strike. A system of labor courts exercises judicial
review over all aspects of the implementation of the Labor
Relations Act.
Labor unions in Thailand maintain unrestricted relations with
recognized international labor bodies--the International Labor
Organization (ILO), the International Confederation of Free
Trade Unions, international trade secretariats, and the
Association of Southeast Asian Nations (ASEAN) Trade Union
Congress, and with various national labor bodies, notably
those from the United States, the Federal Republic of Germany,
Japan, and Israel.
c. Freedom of Religion
Freedom of religion is practiced throughout Thailand and
protected by law and custom. Theravada Buddhism, the de facto
state religion, has had an abiding and profound influence on
Thai culture and history, and the preponderance of Thai
practice it. The King is required by the Constitution to
profess the Buddhist faith and practice Buddhism.
Nonetheless, Thailand is a secular society with church and
state clearly separate. There are no restrictions on
religious ceremonies, the teaching of religion, or conversion
from one religion to another. Under applicable regulations,
missionaries are permitted to live and proselytize in
Thailand, as has been the case for more than a century.
Foreign clergy may preach freely. There is no legal or
organized discrimination against, or persecution of, those
affiliated with minority religions, such as Christianity or
Islam. Religious publishing, regardless of faith, is
allowed. Like private associations, religious institutions
are registered by the Government. Most senior Thai officials
and political leaders are at least nominally Buddhist.
Muslims living in the four southern provinces, which have
majority Muslim populations, have the right to have civil law
cases decided by Muslim judges under Koranic law.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Apart from longstanding restrictions on the travel of Chinese
and Vietnamese aliens living in Thailand, the only limitations
on travel of persons other than refugees are restrictions on
entry into certain rural areas believed by the Government to
be used as bases by Communist insurgents. The right of
citizens to change their residence or workplace is unabridged.
There are no government restrictions on foreign travel or
emigration, except for government officials, but single Thai
817
THAILAND
women and children under the age of 14 must have their passport
applications approved by the Department of Public Welfare. In
addition, a 1985 statute requires that all women under age 36
sit through a series of interviews regarding their employment
records and finances in connection with passport applications.
This has been protested by some women's rights advocates. The
purpose of these provisions of law are the prevention of the
export of children for sale and women for purposes of
prostitution. The Government has rarely revoked citizenship.
Thailand, though not a signatory to international legal
instruments regarding refugees and their basic rights, has
acted in the spirit of those agreements in providing asylum to
about 680,000 refugees from Laos, Cambodia, and Vietnam since
1975, and in permitting the temporary evacuation of around
270,000 Khmer, classed as displaced persons, onto its side of
the Thai-Cambodian border. Thailand does not intend that the
refugees remain in Thailand permanently, however, and, in the
case of Lao refugees, during 1987 there were increasing
indications that if resettlement in third countries is not
possible, repatriation, not excluding involuntary
repatriation, would be considered.
Thai policy has been to allow U.N. -coordinated assistance to
be provided to refugees at first-asylum camps. Displaced
Khmer are afforded temporary haven at border camps until safe
repatriation can be arranged. Those in camps run by the
United Nations High Commissioner for Refugees (UNHCR) number
about 108,000. In 1987 Lao highlanders often found it
impossible to gain access to the Government's program
(established in 1985) to screen individual Laotian arrivals.
There were instances of unilateral expulsions by Thai
officials of groups and individuals, primarily highland Hmong,
who sought to enter Thailand. In March 135 Hmong who had
illegally crossed into Thailand were involuntarily repatriated
to Laos, and in September 24 lowland Lao seeking refuge in
Thailand were pushed back into Laos where they were
subsequently imprisoned by the Laotian Government. In
November, 34 Hmong attempting to enter Thailand illegally were
returned to Laos. There were conflicting reports of a
massacre, and the UNHCR has been invited to investigate the
reports. This issue is complicated by the fact that some of
these would-be entrants are Lao resistance elements rather
than simple asylum seekers, as well as by the Lao Government's
continuing hesitancy to accept back Laotians screened in
Thailand and found not to be bona fide refugees.
In September approximately 2,000 Burmese hill tribe people who
had been living illegally in Thailand were repatriated to
Burma. There have been reports of some violence associated
with this repatriation.
Vietnamese coming overland via Cambodia after April 1981 have
had to remain at the border for lengthy periods until they
were allowed to be considered for third country resettlement.
About 4,000 overland Vietnamese remain on the border.
Although the Government closed the Khao I Dang holding center
to new refugee arrivals from Cambodia in early 1980,
approximately 11,200 Cambodians who surreptitiously entered
Khao I Dang since then have been given full access to the
camp's facilities. A majority of this group is now eligible
to seek resettlement abroad. The group known as "illegals",
perhaps 1,000 people, is not now considered eligible for
resettlement. Of this group, approximately 500 have been
returned to camps for displaced persons that are supported by
818
THAILAND
the United Nations Border Relief Organization (UNBRO) .
Cambodians who are caught trying to enter Khao I Dang
illegally or who violate Thai camp rules have also been
returned to UNBRO camps for the displaced Khmer.
The UNHCR and the major resettlement countries have supported
the Thai policy of promoting voluntary repatriation when that
is possible. About 3,600 Lao have returned to their homeland
under UNHCR supervision following successful bilateral Thai/
Lao negotiations in September 1980. UNHCR negotiations with
the Heng Samrin regime concerning the repatriation of Khmer
refugees to Cambodia remain stalled. The Government of
Vietnam has been unwilling to discuss repatriation of
Vietnamese in Thailand. The vast majority of Inrcchinese in
Thailand are not willing to return to their home countries.
Since 1979 nearly 90,000 Vietnamese boat people have arrived
in Thailand after perilous journeys across international
waters, often in small, unseaworthy boats. Although
considerably less than during the peak years of ]979-81, the
number of arrivals in 1987 averaged about 770 persons per
month, the highest since 1981. Despite these growing numbers,
the Royal Thai Government still affords asylum, relief, and
opportunity to seek resettlement to Vietnamese boat people.
The Government has attempted to deter pirates from attacking
Vietnamese boat people. Since 1982 the Government has
operated an antipiracy program with funds donated through
UNHCR from 12 donor countries. The main activities are
prevention through deterrence, both through land-based public
awareness campaigns and air and sea patrolling, and enforcement
through the apprehension of suspects based on refugee reports
and intelligence gathering. Although attacks continue. Thai
antipiracy efforts have been increasingly successful, reducing
piracy incidents by two-thirds in the last 2 years.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Since the absolute monarchy ended in 1932, the Thai Government
traditionally has been managed by a career civilian bureaucracy
heavily influenced by the military, often with a military
officer as prime minister. Holding key military positions in
important units in the immediate Bangkok area has been the
most common avenue to the highest national leadership.
Governments often have been changed extraconstitutional ly,
usually through bloodless military coups. As Thailand has
become a more developed, complex society, there has been an
evolution toward greater popular participation in the
political process, with free elections assuming a larger
role. The failed 1985 coup attempt by a small military group
which lacked general military support was a reminder, however,
that constitutional processes are still shallowly rooted. It
is generally assumed that the military has not abjured
intervention in the political process, but now usually acts
quietly from behind the scenes. The Government normally does
not make decisions of which the military would strongly
disapprove. One of the measures to limit military influence
in government is the constitutional provision barring
active-duty military officers from holding cabinet posts.
Prime Minister Prem is supported by parties holding nearly
two-thirds of the seats in the House. The 1986 national
elections for the House were open and free, and 16 parties
fielded a record number of candidates. A four-party coalition
819
THAILAND
government subsequently was formed. Opposition parties
regularly present opposing views both within the National
Assembly and through the mass media. The Thai National
Assembly almost invariably has dissenting votes on legislation
and on procedural decisions.
Elections are based on universal suffrage for adults over the
age of 20. The Government encourages voter turnout, but does
not use either direct or indirect pressure to compel voters to
cast ballots. Actual voter turnout for both national and
local elections generally exceeds 50 percent, and the 1986
parliamentary election reached a record 61 percent of eligible
voters .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has responded in the past to specific inquiries
on human rights matters from Amnesty International and the
International Commission of Jurists. With occasional
exceptions, it is generally willing to discuss human rights
problems with both domestic and international human rights
organizations. Also human rights organizations of all kinds
are generally permitted to visit Thailand, meet with
appropriate government officials, and lobby for corrective
action.
Local civil and women's rights groups, active on a wide range
of issues, including prostitution and enforcement of labor
laws, have devoted most of their efforts to the promotion of
women's rights and identifying and correcting human rights
violations. Thai human rights organizations have had
significant success in recent years. They have, for example,
successfully encouraged the Government to tighten the
discipline of police and paramilitary forces fighting the
Communist insurgency and have brought pressure on the
Government to alleviate widespread abuses in child labor
practices. In response to increased awareness of human rights
issues in society, the House of Representatives is planning to
create a standing committee on human rights issues.
Thailand has involved itself directly in international human
rights efforts, but generally has not taken initiatives in
United Nations forums. It has, however, taken a leading role
in preparing annual ASEAN resolutions in regard to Cambodia,
including those on human rights violations. Thai
representatives were among the founding members of the
Regional Council on Human Rights in Asia, a forum for the
exchange of human rights information established in February
1982. Thai members of the Council helped draft a declaration
on human rights to serve as the organization's statement of
policy and goals.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Thailand has made considerable progress, particularly
considering its limited resources, in accomplishing the
integration of its minorities. While Thailand traditionally
has been a tolerant and relatively homogeneous society, social
and cultural aspirations are sometimes limited by ethnic
considerations. Although present in Thailand for several
generations, some hill tribes people are not regarded as
citizens .
820
THAILAND
Ethnic Chinese are spread throughout Thailand, with a
concentration in Bangkok. Although the Chinese are better
assimilated and integrated in Thailand than elsev^here in the
region, there is a tradition of popular resentment directed
against the trading and financial activities of the Chinese.
Muslims are a significant minority and represent a majority in
the southernmost provinces along Thailand's border with
Malaysia. The Thai Government is aware of their special needs
and has put much effort into regionally targeted development
efforts and the creation of educational opportunities in order
to integrate Thai Muslims into Thai society. However, Muslims
continue to bs underrepresented in government service, the
professions, and in higher education.
A community of Vietnamese living in the northeast since 1954
cannot, with few exceptions, become Thai citizens, and in most
cases are restricted in their freedom of movement and in their
educational and employment opportunities. It was long expected
that they would eventually be repatriated to Vietnam. In the
meantime, these restrictions represent, in part, a conscious
Thai policy to discourage further emigration from Vietnam, and
in part a reaction to the belief that they represent a kind of
"fifth column" within Thailand as many appear loyal to
Communist Vietnam.
The status and role of women have improved steadily over the
past several years. For the most part, women have equal legal
rights in Thailand, with specific guarantees of property and
divorce rights, and there are no allegations that these rights
are denied. Women vote in numbers equal to men and participate
fully in the political process. There are several female
members of the national legislature. However, women are
underrepresented in national politics and in high governmental
positions. They are well represented in the labor force and
are becoming increasingly so in professional positions,
particularly those in the commercial sector. In general,
women are not barred legally from positions traditionally held
by men. Despite limitations on serving in the armed forces,
female officers routinely have solid careers, reaching the
rank cf colonel. In rural areas, sex stereotypes are more
pronounced with respect to social roles. These barriers are
being modified as mass communications bring modern role models
to even the most remote corTurr.unities .
CONDITIOMS OF LABOR
Working conditions vary widely in Thailand. Medium and large
factories, which produce most of Thailand's export goods, work
8-hour shifts under conditio;is which meet international
standards. Health and safet.y standards are maintained,
minimum wages are met or exceeded, only adult laborers are
em.ployed, and employees enjoy various benefits. Outside this
formal sector, standards can vieteriorate significantly.
Unskilled laborers who pour into Bangkok from the poorer
countryside often are willing to work at less than minimum
wage (about $2.90 per day in and around Bangkok, $2.70
elsewhere), and they similarly do not always insist on minimum
standards of health and safety. This is particularly so in
industries like construction and dockwork where casual labor
is engaged on a short-term basis. A nationwide force of labor
inspectors is inadequate to the task of pursuing potential
violations under Thai law, especially in the absence of
complaints. Another impediment is the fact that the
businesses in question are often unregistered, avoid taxes.
821
THAILAND
and thus operate outside the sphere of government regulation.
Thai officials are attempting to improve enforcement of
existing law through a series of measures, including the
possible upgrading of the Labor Department to a full-fledged
ministry, with concomitant expansion of budget and personnel;
increasing the penalties for labor law violations; and
reforming the law to cover a broader range of employee
categories .
The use of child labor in the informal sector constitutes a
serious problem in Thailand. Thai law prohibits the employment
of children under age 12, and limits their employment between
the ages of 12 and 15 to "light work." The Thai Government
itself, in its endorsement of a 1986 study on child labor,
acknowledges that there is a serious enforcement problem
associated with these restrictions, as well as others
affecting child labor in Thailand. The report documents
widespread instances of children engaged in dangerous or
unhealthy work; working hours in excess of 8 hours daily;
violations of minimum wage law; and other violations of child
welfare standards. There are allegations that poor rural
parents sometimes permit their underage children to engage in
unsafe or unhealthy employment in the Bangkok area, sometimes
in confinement, in exchange for financial remuneration. The
International Labor Organization is currently investigating
such allegations. In addition to poverty, traditional family
practices, such as the employment of one's children in a
family business, foster an environment in which child labor
proliferates and complicates efforts to identify and curb
exploitive practices.
In December the Government hosted a national conference to
examine the situation of abandoned and working children in
Thailand, which will be followed by a regional conference in
February 1988. The Government said that both conferences are
intended to increase awareness of the critical problems of
working children, to enhance cooperation among concerned
public agencies and private foundations, and to seek
appropriate approaches toward mitigating them.
Inherent in the Government's endorsement of the 1986 study and
sponsorship of the conferences is its recognition that
corrective measures are required. As a consequence, it has
announced plans to raise the minimum age from 12 to 13,
increase inspection authority, reduce the length of the
workday for children aged 13 to 15 to 7 hours, prohibit child
labor between 9 p.m. and 6 a.m., and to introduce other
improvements in child labor protection standards. The Labor
Department also has instructed its inspectors to give child
labor problems priority attention in 1988, almost tripling the
number of enterprises employing women and children that will
be inspected during the year. The Cabinet also approved a
plan to provide financial support to students in the 30
poorest provinces, thereby enabling many of them to continue
their schooling through grade 9. Additionally, any improvement
in the status of the Labor Department or expansion of its
budget and personnel, as mentioned above, could also have a
favorable impact on the child labor situation. Efforts to
raise the penalties for violations of child labor law are also
under way, but this change may have little effect unless
enforcement also improves. The Government has stated that its
social and economic planning also attempts to target the root
causes of poor labor conditions.
822
TONGA
The Kingdom of Tonga comprises 169 islands scattered over an
area of 360,000 square kilometers of the South Pacific. All
but a handful of the approximately 105,000 inhabitants are
Polynesian. Tonga is a constitutional monarchy, with
political life dominated by the King and a few nobles. In
1900 Tonga entered into a protectorate association with Great
Britain. In 1970 it became fully independent again and joined
the Commonwealth. Tonga's economy is based almost exclusively
on the cultivation of tropical and semitropical crops. An
increasing demand for imported manufactured goods and products
not available locally has led to a substantial balance of
trade deficit. This has largely been offset thus far by
remittances from Tongans employed abroad, overseas aid, and,
to a lesser degree, tourism. There were no significant human
rights issues in Tonga in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no politically motivated killings by the Government
or opposition forces.
L. Disappearance
There were no disappearances, nor was there any evidence of
people being abducted, secretly arrested, or clandestinely
detained.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and cruel, inhuman, or degrading treatment or
punishment is prohibited by law, and there were no reported
instances of such practices.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The right to judicial determination of the legality of arrest
is enshrined in the Constitution and observed in practice.
There is no preventive detention and no exile, internal or
external. Forced labor is prohibited by law and not practiced,
e. Denial of Fair Public Trial
The right to a fair public trial is provided foe by law and
honored in practice. No one may be summoned before any court
without first having received a written indictment clearly
stating the offense with which he is charged. Defendants are
entitled to counsel, and lawyers have free acceas to
defendants. The judiciary is independent of government
interference, and there are no special courts for political or
security offenses. Tonga has no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
By law no one may enter or search the home of another, or
remove any item of property unless in possession of a warrant
823
TONGA
issued by a magistrate. There is no arbitrary intrusion by the
State or political organizations into a person's private life.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is assured by the Constitution.
Tonga's radio station and the country's largest circulation
newspaper are government owned. Other components of the media
are privately owned. There were no known instances of abuse
of freedom of speech and press.
b. Freedom of Peaceful Assembly and Association
Peaceful assembly and association are provided for by law.
There are no significant restrictions. Tonga passed a trade
union act in 1964, but to date no union has been formed.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and
observed in practice. Missionaries may proselytize without
impediment.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Tongan citizens are free to travel anywhere within the Kingdom
and abroad. There are no restrictions on repatriation. There
are no displaced persons in Tonga.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The King and a small group of hereditary nobles dominate
political life in Tonga. They assert authority largely
through their control of substantial landholdings . The
Constitution allows the monarch broad powers, many of which do
not require the endorsement of the legislative branch. The
King appoints and presides over the Privy Council, which makes
major policy decisions. (When the King is not presiding, the
Privy Council is called the Cabinet.) The King also selects
the prime ministers and other cabinet ministers, who hold
office at his pleasure. Tonga's unicameral legislature, the
Legislative Assembly, consists of 7 nobles elected by their
peers (33 noble titles are recognized by the Constitution),
and 7 people's representatives elected by all literate,
tax-paying males and all literate females. Those above 21
years of age are eligible to vote. The King appoints a
speaker from among the nobles' representatives. Government
ministers and nobles' representatives generally vote as a
bloc. People's representatives sometimes vote against the
Government. Elections are held every 3 years. There are no
political parties.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no reported allegations of human rights
violations by the Government. There are no local
nongovernmental organizations which concern themselves with
human rights. Tonga is not represented at the United Nations,
824
TONGA
and the Government has not taken an active interest in
international affairs, including international human rights
matters.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Social, cultural, and economic facilities are available to all
citizens regardless of race, religion, or sex. While the
strong Polynesian cultural tradition has not encouraged the
rise of women to positions of leadership, women have become
members of the legislature and served in responsible positions
in several ministries, and they are increasingly finding work
in skilled and semiskilled occupations. The existence of a
hereditary class of nobles is generally accepted because of a
long tradition dating back over 1,000 years and because
obligations and responsibilities are reciprocal. Although the
nobles may be able to extract favors from people living on
their estates, they must likewise extend favors to their
people. However, increasing educational opportunities for
young commoners and a concomitant increase in their political
awareness have stimulated some dissent against the nobility
system.
CONDITIONS OF LABOR
By regulation the workweek in Tonga is limited to 40 hours. A
panel chaired by the Minister of Labor, Commerce, and Industry
has been empowered to set minimum wage guidelines but had
failed to do so as of November 4, 1987. Although Tonga still
does not have a minimum wage law, it has for some years set
minimum daily wages for such sectors of the economy as
manufacturing and tourism. Worker rights legislation covering
such matters as safety standards, conditions of employment,
and child labor is pendihg in the Legislative Assembly.
Legislation for the provision of social security benefits to
the work force has been under consideration by the Government
since 1983.
825
VANUATU
Vanuatu, the former New Hebrides, is a South Pacific Island
nation with an estimated population of 140,000. One of three
countries comprising Melanesia, Vanuatu became independent in
1980, following more than 70 years of joint British-French
rule. It has a parliamentary system of government with a
prime minister and a 46-member parliament. Independence was
accompanied by temporary political turbulence, including an
attempt at secession, which left a legacy of suspicion towards
outside interference. Most of the internal strains from the
1980 secessionist rebellion have now subsided.
Political legitimacy in Vanuatu is based on majority rule,
supported by both Melanesian and Western tradition. The first
general election since independence, held in November 1983,
was vigorously contested and democratically conducted. A
second parliamentary election, also vigorously and
democratically contested, took place in November 1987. The
courts are independent and solicitous of individual rights.
The police and military are under civilian control.
The Vanuatu economy resembles that of other Pacific island
states in its dependence on international trade and its
vulnerability to shifts in world market prices. In the past,
tourism earned more foreign exchange than all exports combined.
Recently, however, the tourist industry has been depressed, and
foreign investment has declined.
The human rights situation in Vanuatu remained favorable in
1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Neither the Government nor any organized group has resorted to
political violence.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Constitutional guarantees against torture and cruel, inhuman,
or degrading treatment are observed in practice and enforced
by the courts. Prisoners also have recourse to an Ombudsman.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There have been no politically motivated arrests in Vanuatu.
Arrest is by warrant. There is no exile. Suspects have free
access to a lawyer of their choice. The constitutional
provision that suspects will be informed of charges and given
a speedy hearing before a judge is observed. The use of
forced or compulsory labor is not permitted and there have
been no reports of either practice.
826
VANUATU
e. Denial of Fair Public Trial
The courts uphold constitutional provisions for a fair public
trial, presumption of innocence until proof of guilt,
prohibition against double jeopardy, the right of habeas
corpus, and appeal to the Supreme Court. The courts are
independent of military or executive interference. There were
no reports of arbitrary or unfair exercise of judicial
authority in 1987.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Sanctity of the home and family and privacy of correspondence
are observed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although freedom of expression is provided for in the
Constitution, the Government publishes and controls the
country's only national newspaper and manages the national
radio station. There is no independent newspaper or radio.
b. Freedom of Peaceful Assembly and Association
There are no restrictions on the formation of political
parties or trade unions in Vanuatu. There are two main
political parties and several smaller ones. To an extent
unusual among Pacific island states, the ruling Vanua'aku Pati
is the primary policy-making body; its decisions are
implemented by the Government. Vanuatu has a small but active
trade union movement with the right to organize, strike, and
bargain collectively. The right to strike was exercised most
recently in 1985 when the teachers' and health workers' unions
staged strikes. In 1986 there were 23 registered trade unions
and 6 employer associations. The Vanuatu Trade Union Congress
is a member of the International Confederation of Free Trade
Unions .
c. Freedom of Religion
Freedom of religion is protected by law and respected in
practice. Missionaries of various Christian denominations
work without restriction.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
All Vanuatu citizens are free to travel internally and
externally. There are no restrictions on returning home from
abroad.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Vanuatu is a multiparty democracy. Numerous candidates
competed in the parliamentary elections in 1983 and 1987; both
the campaign and voting were considered by outside observers
to have been fair. Elections to provincial and local councils
have also been contested and fair. However, the Vanua'aku
Party in the past has been known to use government power to
restrict opposition political activity, for example, by
denying other parties the use of the government-owned radio
827
VANUATU
and press. Also, there have been reports, in the aftermath of
the November 1987 elections, of instances of harassment
against individual communities suspected of having supported
opposition candidates.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no charges of human rights violations in 1987.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Most of the population is comprised of Melanesians whose
ancestors migrated from New Guinea. There are small
minorities of Chinese, Fijians, Vietnamese, Tongans, and
others; most minority groups are concentrated in the two towns
and on a few plantations. There is no discrimination against
these minorities. Although there have been rumors of corrupt
practices by members of the ruling Vanua ' aku Party, there is
no evidence to suggest a pattern of discrimination in the
Government provision of basic services.
While women have equal rights under the law, they are only
slowly emerging from a traditional culture characterized by
male dominance, a general reluctance to educate women, and a
widespread belief that women should devote themselves primarily
to child rearing. Nevertheless, an increasing number of women
are finding work in the unskilled, semiskilled, and social
occupations. Several women hold senior positions in the
Government, but otherwise women have not found their way into
positions of leadership.
CONDITIONS OF LABOR
Vanuatu has a minimum wage law. There is also legislation
regulating conditions of work, including hours, and child
labor. No information is available on occupational safety and
health legislation. A large proportion of the population is
still engaged in subsistence agriculture or fishing.
828
VIETNAM
The Socialist Republic of Vietnam (SRV) is a totalitarian state
ruled by the Vietnamese Communist Party, the sole source of
power. Although there were significant leadership changes in
1986, the ruling group remains essentially those who fought
the long war of independence from France, took power in the
north after the country was partitioned in 1954, launched the
armed effort to gain control of the Republic of Vietnam in the
early 1960's, and unified Vietnam after the fall of Saigon in
1975.
Nationalist movements have characterized Vietnam's history and
culture for more than 1,000 years. Resistance against
encroaching Chinese empires to the north and Vietnamese
expansion at the expense of declining civilizations (the Cham
and Khmer) to the south and west have had a major effect on
Vietnamese political values, reinforcing a perception of
Vietnam as the natural leader of Indochina and fostering a
narrow sense of identity in the generally northern-based
leadership group.
This cultural and historical background has important
implications for human rights in Vietnam. Regional,
religious, ethnic, and other groups outside the Communist core
are viewed with suspicion. The loyalty of southerners has
been questioned because of their separate political and
cultural history. Many religious leaders, despite legally
guaranteed freedom of religion, have been imprisoned on
political charges. Ethnic Chinese Vietnamese, who are
considered a potential fifth column, are closely watched and
discriminated against. Cham Muslims in the south and the
tribesmen of the central highlands are targets of government
campaigns to erase their cultural identities.
The public security apparatus is pervasive in the surveillance
and control of the citizenry. Arrests for alleged political
crimes do not require warrants; the Government can imprison
those suspected of political crimes in "reeducation camps"
without trial or charge. Fundamental rights and liberties,
including freedom of association and the right to privacy, are
severely restricted. Vietnam also plays the key role in
determining the state of human rights in neighboring
Cambodia. Major violations of Cambodian human rights have
been perpetrated during the Vietnamese occupation.
The overall human rights situation remained generally
unchanged in 1987, but in the months following the December
1986 Sixth Party Congress, some indications of a more tolerant
government attitude appeared. Before the Congress, the media
became much more open in revealing failings of the regime,
paving the way for some of the old guard to step down in favor
of leaders identified with economic reform. At the Congress
itself the new party General Secretary promised a more open
approach and called for substantial reforms. In the year that
followed, articles critical of government officials became
common, and signs of a more positive approach to human rights
were also evident, including a relatively large amnesty for
political prisoners, and calls for writers to be "courageously"
critical of government mistakes.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Information on current conditions in reeducation camps is
scarce (see Section I.e. below), but former reeducation camp
prisoners have reported summary executions for escape attempts
and resistance to camp authorities. A former inmate in a
prison for persons who have attempted to leave Vietnam
illegally has reported that prisoners who refused to obey
guards' orders were executed. Other reports indicate that
inmates have been shot while attempting to escape from the
camps. Conditions in the camps are difficult; a significant
number of deaths have resulted from malnutrition, exhaustion,
and other unnatural causes. There is little current
information on the activities of minority and ethnic
Vietnamese resistance groups fighting government authority
within Vietnam. In the past, these groups have targeted
Vietnamese military units and, less often, public security and
administrative officials. The number of such attacks in
recent years appears to be very small.
b. Disappearance
There is no evidence of systematic political kidnaping by
government security organizations since the period immediately
following the fall of the Saigon Government in 1975, when
thousands were taken into custody extralegally . There have
been no reports of disappearances or hostage-taking by forces
resisting government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There are credible and consistent reports from refugees
concerning the severity of the conditions for prisoners in the
reeducation camps and prisons. These conditions have often
resulted in acute suffering and permanent physical impairment.
Prisoners face severe and often arbitrary punishment for minor
infractions of camp rules, substandard nutrition, and poor or
nonexistent medical care. Refugees have reported that as of
1985 prison authorities provided a food ration of two bowls of
rice with salt per day. Prisoners' families made up the
shortfall; those without help from relatives suffered greatly.
Refugees have also reported that some prisoners were shackled
together at night to make escape more difficult.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
For major crimes, including alleged political offenses, public
security officials may legally apprehend and search suspects
without a warrant, then hold them for an indefinite period.
Refugees have reported that authorities sometimes wait several
months before notifying relatives of those arrested.
For routine crimes, a suspect may be apprehended on a warrant
which stipulates the nature of the crime and which authorizes
detention for 2 months prior to trial. A 2-month extension of
the detention period may be obtained on application. There is
no provision for bail or legal counsel prior to trial. Those
suspected of political crimes may be sent to reeducation camps
for an indefinite period without trial or formal charge. The
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Government continues to hold large numbers of persons in the
camps, which are an integral part of the prison system.
Camp populations are composed of ordinary criminals,
prostitutes, drug addicts, political prisoners, persons
apprehended attempting to flee the country, intellectuals,
former military chaplains, and clergy from both Buddhist and
Christian groups, as well as former officials and military
officers associated with the Republic of Vietnam. The
Government uses the camps to remove from society those persons
whom it sees as dissident elements, particularly leaders. In
the camps, the authorities attempt to produce conformity
through confinement, hard labor, self-criticism, and
indoctrination. Allegations of the use of torture continue.
Many detainees have indeterminate sentences and face the
prospect of indefinite penal labor.
Although, according to one report, basic sentences for many
former Republic of Vietnam officials range from 2 through 7
years, sentencing appears to be arbitrary. The report asserted
that the length of sentence correlated directly to the rank and
position held (former intelligence and psychological warfare
officers were given especially severe sentences) and inversely
correlated to the bribe paid by the detainee's family. In a
small move toward leniency. Ho Chi Minh City (formerly Saigon)
authorities in July announced that reeducation could be
deferred for those who were pregnant, ill, related to war
invalids or war dead, or faced with serious family
difficulties .
Hanoi media have reported that a small number of the 90,000
members of the former Republic of Vietnam Government sent to
reeducation camps in 1975 are still being detained, but would
be released "if they show real repentance." Accurate figures
are not available. In private conversations, Vietnamese
officials have stated that a "few thousand" remain in the
camps. Over the past 12 years, thousands of prisoners have
been released. In September the Government announced an
amnesty involving what Hanoi media said was a "larger number
than in previous years." The Government reportedly released
6,685 prisoners and reduced terms of 5,320 others. According
to a Western press report, those freed included 2,500 from
reeducation camps. The Vietnamese media reported that the
Government released 480 who had been officials in the south
before 1975, including 9 former general officers.
Forced labor has been used by Vietnamese, and by local
authorities in Cambodia under Vietnamese control, for projects
to improve the logistical infrastructure for Vietnamese
occupation troops. Credible reports indicate that the
Vietnamese have also used forced Cambodian labor to construct
military fortifications and defensive barriers along the
Thai-Cambodian border. A number of government projects in
Vietnam, such as road building and lumbering, have used forced
labor provided by reeducation camp prisoners. The adverse
effects of this labor, exacerbated by poor medical treatment,
include malnutrition, exhaustion, and sometimes death.
e. Denial of Fair Public Trial
The Vietnamese legal system is characterized by arbitrary
detention, without charge or other form of legal process,
under the guise of reeducation. The defense counsel is
supposed to ensure that proper legal procedures are followed,
in accordance with the defendant's rights under the
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Constitution, and to explain the proceedings to the defendant.
However, the defense counsel is not an advocate for the
defendant as in other countries that have both common law and
civil law systems. In general, the legal system operates as
an agency for the enforcement of regime directives; it has no
independence from political intervention. Whether a new penal
code announced in mid-1985 has engendered any true reform in
the legal system is not known.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government operates a nationwide system of population
surveillance and control through a household registration
system and party-appointed block wardens who use informants to
keep track of each person's activities. This system exists in
both urban and rural areas. It works imperfectly in southern
Vietnam, however, partly because of a shortage of trusted party
workers. There have been reports of official and nonofficial
security wardens conducting searches of homes for draft-age
males in order to fulfill draft quotas. There continue to be
reliable reports that Ministry of the Interior officials
inspect and sometimes confiscate mail and packages sent to
Vietnam, particularly those sent to politically suspect
persons or to persons of Chinese origin. Outgoing mail is
also subject to inspection and censorship.
The regime has widely publicized its program to relocate its
people to "New Economic Zones" in virgin or unproductive rural
areas in order to reduce unemployment in urban centers and
expand agricultural production. In many cases, the
resettlement process has involved forms of coercion as local
officials have striven to meet quotas. The resettlement
program targeted those whose views and backgrounds were seen
as politically suspect and who therefore were often unable to
find employment. Conditions in these zones are reportedly
extremely poor. Almost no basic services are provided,
although the Government does pledge to supply housing, tools,
seeds, and fertilizer. Many resettled persons found it
impossible to maintain life in these zones and have returned
to the cities where they are forced to live without the ration
and neighborhood registration cards essential to procuring
regular employment, food, and essential services. Recently,
the Government acknowledged that living and working conditions
in the zones were not satisfactory. As a result, according to
a Western press report, Hanoi has modified the program and
reduced the number slated to be moved in the 1986-1990 5-year
plan from 3 to 1.5 million. The target for 1987 was 300,000,
but Vietnamese media reported that as of September only
250,000 had left the cities for the New Economic Zones.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is severely limited in Vietnam. The
Ministry of Culture and Information and Communist Party organs
control all newspapers, books, and other publications, as well
as all cultural exhibitions. Criticism of the party and the
Government is allowed only within limits set by the
authorities. In the period leading up to the December 1986
Party Congress, the media published a number of critical
articles, presumably aimed at easing senior leaders out of
power. In line with his more open style, the new party
General Secretary, Nguyen Van Linh, initiated a series of
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VIETNAM
articles in May 1987 outlining what needed to be done to put
the country on the right track. Responding to this more
critical approach, the media published a number of reports
revealing corruption and inefficiency. In September, however,
the authorities warned journalists not to attack shortcomings
"excessively." In another move towards greater openness, in
October Nguyen Van Linh urged writers to expose shortcomings
in the system. He acknowledged that many were loath to do so
because they feared reprisals, and he promised that a party
resolution on culture and arts would be forthcoming.
b. Freedom of Peaceful Assembly and Association
There are prohibitions against meeting either publicly or
privately to criticize or protest government actions or
policies. Nongovernmental organizations, such as church
groups, can meet only for approved and narrowly defined
objectives, such as religious services.
In lieu of independent labor groups, "unions" have been set up
under the Vietnam Federation of Trade Unions, which is
controlled by the Communist Party. Claiming 3 million members,
the Federation's stated goal is to increase party control and
economic production, rather than to improve and protect the
welfare of its members.
There is no right to bargain collectively or to strike. Mass
organizations, such as women's federations, have been organized
in other sectors of the population. They perform the same
functions of control, propaganda, and policy dissemination
within their respective sectors as do the labor organizations.
c. Freedom of Religion
The Government tolerates the existence of religious groups and
allows religious services, but perceives religious groups as
potential seedbeds of subversion and political opposition. It
has consistently attempted to divide and control the Catholic,
Buddhist, Cao Dai, Muslim, and other religious groups, in part
by establishing government-controlled policymaking bodies such
as the Catholic Patriotic Association. In the past the
Government has attempted to prevent the growth of religious
groups by blocking publication of religious materials and
prohibiting the training of new clergy.
In the last year, however, the Government has slightly eased
its policy on religion even as it has continued to take strong
measures against religious persons it considers a threat to
the regime. One indication of the more relaxed stance was the
decision to permit two Catholic leaders to attend the Worldwide
Synod of Bishops in October. The auxiliary Bishop of Hanoi
told the Synod that the Government had "adopted an attitude of
detente and openness toward religion." Two large seminaries
have been opened and have admitted a number, albeit limited,
of seminarians. New ordinations to the priesthood are
permitted." Another source reported that the seminary located
in Ho Chi Minh City will graduate 20 students in 1993. This
source added that the Government controls the teachers at the
seminaries and determines which students will be allowed to
attend, generally ruling out those with ties to the former
southern regime. Apparently, the regulation against importing
or publishing the Bible still stands, but according to one
report, the authorities permitted printing of the New
Testament in mid-1987. A Western news agency reported that
the September amnesty involved 7 Catholic priests and that a
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VIETNAM
large number of the approximately 100 military chaplains still
detained were scheduled to be freed in a subsequent amnesty.
According to refugees, priests who are released from
reeducation camps are not permitted to return to their
pastoral duties.
Counter to this more relaxed trend, Vietnamese and Western
media reported the arrest or sentencing of three groups of
clerics during the year. In July public security forces
seized priests of the "Congregation of the Holy Redeemer" on
the grounds that they were plotting counterrevolution. On
November 4 the Vietnamese News Agency reported that
81-year-old Tran Dinh, leader of the Congregation, and 23
others had received sentences ranging from 4 years to life for
"propaganda against the Socialist system." In August two
pastors of the Evangelical Church of Vietnam were convicted
and sentenced to 8 years in prison for antigovernment
activity. They had been detained since 1983 without trial.
In addition, government harassment of Catholics has been
common, particularly in rural areas. Authorities routinely
disapprove half of the applications of parishioners requesting
permission to attend services. Required "voluntary" work and
other activities are scheduled by authorities during times of
regular church services. In some areas, daily masses must be
celebrated before 6 a.m. or after 6 p.m. Sermons must be
cleared or monitored by the local police. The Bishops at the
October Synod said that the Government limits religious
activity to 1 or 2 hours on Sundays only and to take place
only inside of churches. Meetings among members of different
parishes are prohibited. No church building can be repaired
without government authorization; a number of churches have
been allowed to fall into complete disrepair. Catholics are
required to register with the authorities, while Buddhists are
not. Catholics are discriminated against in employment and
education.
Protestant churches have been similarly restricted. Church
buildings have been seized by the authorities under various
pretexts. Churches in the highlands have all been closed, as
has the sole Protestant College and Theological Seminary.
There have been continuing reports of harassment of those
evangelical churches which have been allowed, albeit with
severe restrictions, to hold services in urban areas. Church
members may not attend services with other congregations. The
authorities are said to have forbidden at least one group from
meeting at all.
Most of Vietnam's 30,000 Muslims are members of the Cham
minority, which the regime distrusts. The linkage of Cham,
Khmer Krom (ethnic Cambodians who live in Vietnam) , and
hilltribe (Montagnard) groups created the only sizable
resistance movement in Vietnam: the United Liberation Front
of Oppressed Races (FULRO) . In its repression of the Cham,
the Government has eliminated the position of mufti (religious
leader) within the Muslim communities, disbanded organized
Muslim associations, and severed links with overseas Muslims.
The regime forbids the religious pilgrimage (hajj) to Mecca,
and has not given permission for the Muslim community to
participate in the Koran reading contest held annually in
Malaysia. Many Muslim schools have been closed, but most
mosques remain open. Importation and publication of the Koran
is forbidden.
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VIETNAM
About half of Vietnam's population is Buddhist, the majority
belonging to the Mahayana sect. Vietnamese authorities have
tried repeatedly since 1975 to suppress and intimidate the
Mahayana leadership. Officials have seized temples and
transformed them into public buildings. They have arrested
monks intermittently since 1975. Hundreds of monks remain in
reeducation camps, while many others are under house arrest.
The travel of those not detained is severely restricted.
Government permission is required for monks to travel or stay
overnight away from their home temples. Some reports allege
that local authorities seek to control and restrict the
community of Buddhist monks by forbidding the traditional
donation of food. The majority of pre-1975 monks in the south
have been forced to leave the monkhood, and few young men have
been allowed to join the community. Teaching of monks must
often be conducted in secret, and most temple schools have
been closed. Monks of the once politically active An Quang,
Xa Loi, and Vinh Nghiem temples are kept under close government
surveillance. The temples are rarely open to visitors.
The regime's attempts to control and suppress the Buddhists
became more systematized as a result of a 1981 conference,
which established the Unified Vietnam Buddhist Church. The
group's charter states that it is "the only Buddhist
organization representing Vietnamese Buddhism in all other
relations in the country and with other countries." Strong
controls are outlined in the charter: all Buddhist temples
are placed under the control of local people's revolutionary
committees; prayer sessions and meditations as well as meetings
between monks of different temples are allowed only with the
permission of the local committees. Reports suggest that the
new church has no appeal to most Buddhists, who view it simply
as a creature of the regime.
Most of the Therevada Buddhists are ethnic Khmer (Khmer Krom) .
Numbering about 800,000, they live in southern and southwestern
Vietnam and have provided the Vietnamese forces occupying
Cambodia with interpreters and staff. Nevertheless, the
Vietnamese distrust the Khmer Krom, partly for historical
reasons. A number of Therevada leaders have been imprisoned.
Other religious groups have also been persecuted by the regime.
The Hoa Hao (an anti-Communist Buddhist armed sect) strongly
resisted the Communist takeover of the south in 1975. As a
result, the Government violently repressed the sect and
arrested virtually all of its leaders. The regime still
maintains tight control over Hoa Hao areas. Similarly, the
regime has arrested many of the leaders of the Cao Dai, a
uniquely Vietnamese sect that embraces elements of Buddhism
and Christianity. Refugees have reported police occupation of
the Cao Dai Holy See in Tay Ninh City. The Vietnamese press
has claimed that Cao Dai leaders used the Holy See to establish
an antigovernment subversive organization, for broadcasting
and printing antigovernment messages, and for storing arms for
an uprising. Some leaders have been tried and executed for
these activities, according to the official media. The trial
of 2 Cao Dai leaders and 31 alleged accomplices was publicized
in August 1983 .
Adherence to religion is incompatible with membership in the
Communist Party, which espouses atheism. Party membership is,
in turn, a major stepping-stone toward political, economic,
and educational advancement in Vietnam.
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VIETNAM
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Approval is required for all foreign travel. Permission for
temporary travel abroad is normally granted only to government
officials or approved spokesmen for quasi-governmental
organizations. Identity cards are required for internal
travel. No one is allowed to change his residence or work
location without permission from the authorities. Since
public security cadres frequently check each household's
occupants against the official family register, unauthorized
absences or guests can subject families to punishment.
Several factors have combined to fuel the exodus of more than
1 million people since 1975. Among them are severe political
repression, ethnic and religious persecution, discrimination
in economic, cultural, and educational opportunities; economic
hardship; fear of imprisonment or of forced resettlement to
remote areas; and fear of being conscripted to fight in
Cambodia .
In early 1978, the Vietnamese adopted a program to
"facilitate" the departure of ethnic Chinese and others as
refugees. The program was administered through special
offices at the provincial level that charged large fees for
exit permits and passage. At its height in early 1979, the
boat exodus of mostly ethnic Chinese reached over 40,000
people a month. Those fleeing were exposed to extreme
hardship at sea, where thousands of lives were lost.
At the International Conference on Vietnamese Refugees held in
Geneva in July 1979, Vietnam announced a moratorium on such
refugee departures. Information from refugees who have left
Vietnam since then indicates that, in general, the authorities
are no longer officially assisting such departures, although
many assist extraof f icially for a financial consideration. In
May 1979, the United Nations High Commissioner for Refugees
(UNHCR) reached agreement with Vietnam on the legal departure
of persons under the Orderly Departure Program (ODP) .
Emigration under this program started slowly, with only some
13,000 departing Vietnam in the 27 months between July 1979
and October 1981. Vietnam then expanded the program.
Cumulative departures to all countries through September 1987
totaled 132,108. In January 1986, the Vietnamese unilaterally
halted UNHCR interviews of U.S. ODP candidates, complaining of
slow processing of persons on Vietnamese lists and the alleged
creation of a backlog. The Vietnamese also reduced the number
of departures to other receiving countries. After extended
negotiations, the Vietnamese allowed renewed interviews of
U.S. ODP candidates in September 1987.
Refugees left Vietnam clandestinely during 1987 at a higher
rate than in 1986. In part this was because a safer route
opened across Cambodia. The trip involves land and sea travel
from Ho Chi Minh City to eastern Thailand. Those who flee pay
facilitators on the average $2,000 to $3,000 per person,
usually after they reach their destination safely.
In mid-1987 Vietnam relaxed its restrictions on tourist permits
for those who had fled the country. Now, only those who
committed "serious crimes" are not allowed to visit. The need
to earn foreign exchange helped prompt this policy change.
836
VIETNAM
Since t^he occupation of Cambodia by Vietnam, large numbers of
Vietnamese have settled in Cambodia. Although some of these
persons are former residents who fled the Khmer Rouge, others
are first-time settlers.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens are not free to change their Communist-dominated
system of government. All authority and political power is
vested in the Vietnamese Communist Party. Political opposition
to this system is not tolerated. The Political Bureau
(Politburo) of the Central Committee of the Vietnam Communist
Party is the supreme decisionmaking body in the nation. The
Politburo's powerful Secretariat oversees day-to-day
implementation of directives. The party leadership selects
candidates for the Central Committee, while periodic national
party congresses merely ratify the previously selected
candidates. Each congress is made up of delegates from the
party apparatus of each province, who are similarly selected
by those at higher levels.
Ostensibly the chief legislative body, the National Assembly
in fact generally approves without dissent the policies set by
the Politburo. National Assembly elections are held in Vietnam
in theory every 5 years. However, the elections scheduled for
1986 were postponed until April 1987. These elections had a
slightly more democratic flavor than previous ones. In the
past, the party selected most candidates, but this time
candidates were nominated in public meetings. However, the
quasi-governmental mass organization, the Vietnam Fatherland
Front, vetted all candidates. Voters had an opportunity to
criticize candidates and had a greater selection than before,
with 829 competing for 600 seats. Suffrage is effectively
mandatory as voting is required in order to have ration cards
validated. Voters may only strike out from the single list
presented to them the names of candidates for whom they do not
wish to vote. In several cases during the most recent
elections for the National Assembly, however, no candidate
received sufficient votes. In those cases it was necessary to
hold follow-up elections with new candidates.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Vietnam reacts strongly to criticism of its human rights
policies. In March 1986, an official newspaper, Nhan Dan,
called the State Department's Human Rights Report to the
Congress "a brazen slander and a manifestation of the hostile
attitude of the United States toward the Vietnamese people."
Foreign delegations and journalists who have been allowed to
visit reeducation camps have been shown only model camps.
Former prisoners have described extensive preparations to
beautify camps prior to visits, temporary removal of most
prisoners during the visit, and careful briefing of the
remaining prisoners by Communist Party cadre on what to tell
delegation members. The Government does not permit the
existence of private human rights groups in Vietnam.
Vietnam is not a member of any international human rights
organization, nor is it active in promoting human rights in
other countries.
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VIETNAM
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Gradual assimilation and co-option appear to be the
Government's long-run strategy for most minorities. The
Government has created special schools in the Hanoi area to
train minority cadres to be the "eyes and ears" of the party
among their own people. Highland minorities in central
Vietnam are subject to repression if suspected of ties with
resistance groups. Officially programmed resettlement of
ethnic Vietnamese into the highlands is designed in part to
increase government control over minority groups once
dedicated to hunting, gathering, and slash-and-burn
agriculture. As new inhabitants change ancient land use and
ownership patterns, the tribes are being forced into settled
agriculture. Minorities in the south, such as the Chinese,
Indian, and Khmer, have been encouraged to leave the country.
Since 1975, according to Vietnamese media, 90,000 former
officials of the Republic of Vietnam Government have been
detained in reeducation camps. Once released, these people
face considerable discrimination. According to refugees, they
do not regain their citizenship until 1 year after leaving the
camps, if then. In addition, their children generally are not
allowed to attend college. The Government has oppressed
ethnic Chinese by denying them employment and educational
opportunities. This may change as the Government relies more
heavily on Chinese entrepreneurs to help implement its
economic reform program.
The authorities claim that primary education is universal (97
percent in 1980), but some children, such as many of the
Amerasians (the children of Americans who served in Vietnam),
are not allowed to attend school. Education above the
elementary level is often restricted to those with approved
political backgrounds. The party committee in each school
reportedly has the final determination as to who will graduate.
Similarly, study abroad is restricted to politically acceptable
persons. Despite the promises of the Communist Party to
emancipate women, and the important administrative and
productive roles of Vietnamese women in the war against the
United States, women in Vietnam today do not have positions in
the leadership of the country in proportion to their numbers.
There are no women in the Vietnamese Politburo and only a
handful in the 149-member Central Committee.
CONDITIONS OF LABOR
No current information is available on minimum age laws,
occupational safety laws, or other legislation concerning
conditions of labor. Wages and hours of work are regulated by
the Government. Wages for most workers are generally at or
under basic subsistence levels.
At least 55,000 Vietnamese workers have worked under contract
in various occupations in the U.S.S.R. and in Eastern European
countries. Although their labor appears to be voluntary, a
significant portion of their wages is deducted to help pay for
Vietnam's debt to those countries.
838
WESTERN SAMOA
Western Samoa, a small Pacific island country with a population
of around 163,000, is located approximately 1,600 miles
northeast of New Zealand. It received independence from that
country in 1962 and still looks to it as a model for its
democratic practices and educational system. On receiving
independence, it adopted a constitution proclaiming the nation
to be an independent and sovereign state based on "Christian
principles, and Samoan customs and tradition." The
Constitution established a parliamentary democracy on the
Westminster model but with certain concessions to Samoan
cultural practices. It provides for a Samoan head of state, a
unicameral legislature, an independent judiciary, protection
of Samoan land and traditional titles, and guarantees of
fundamental rights and freedoms. Executive authority is
vested in a head of state, with the Government administered by
a cabinet consisting of a prime minister and eight ministers
chosen by the prime minister. All legislation passed by the
legislative assembly needs the approval of the head of state
before it becomes law. The present Head of State, Maliefoa
Tanumafili II, holds the position for life. His successors
will be elected by the legislative assembly for 5-year terms.
The culture of Western Samoa is essentially Polynesian but
uniquely Samoan. A proud people, Samoans believe that all
Polynesian people trace their origins to Samoa. Traditional
authority is vested in the matai (village chief or selected
leader of an extended family). Each extended family, or aiga,
has at least one matai, who is appointed by consensus of the
aiga. Ownership of land is legally vested in the matai. It
is the matai's responsibility to direct the economic, social,
and political affairs of the aiga. There are 362 villages in
Western Samoa with a total of over 12,000 matai. Each village
is governed by a Fono or council of matai, which can fine or
otherwise punish offenses against village rules.
The economy is primarily agricultural and beset by many of the
problems of a developing country. It is particularly
susceptible to shifts in world prices for its export
commodities, such as coconut oil. Western Samoa is heavily
dependent on foreign aid, particularly from New Zealand.
There were no significant human rights problems in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, including
Freedom from:
a. Political Killing
Killing for political motives, whether by the Government or
opposition political organizations, does not occur.
b. Disappearance
There have been no instances of political disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and cruel, inhuman, or degrading treatment or
punishment are prohibited by law, and there have been no
reports of such practices.
839
WESTERN SAMOA
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There are no political prisoners. The Constitution prohibits
forced labor and there are no reports of its practice.
e. Denial of Fair Public Trial
Western Samoan law assures the right to a fair public trial,
and this right is honored. All charges are stated formally
and clearly. Defendants are entitled to counsel. There are
no special courts to deal with political or security offenses,
and the judiciary is independent of government interference or
influence. Decisions of village matai about customary law
are not subject to judicial review, but arbitrary or excessive
punishments would be difficult to enforce.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government respects the privacy of the people and does not
permit arbitrary interference with the family, home, or
correspondence. Both law and local custom provide for
protection from invasion of the home or seizure of property
without substantive and procedural safeguards, including
search warrants.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and the press are fundamental parts of the
Constitution. They are respected in law and practice. The
press is independent of the Government.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly
and the right to form associations and unions. There are no
significant restrictions. While trade unions have not emerged
in the private sector, the public service has an employee
association which engages in collective bargaining. The
Government has permitted efforts to develop unions in the
country, and the courts have upheld the rights to strike and
to enter into collective bargaining.
c. Freedom of Religion
Freedom of religion is ensured in the Constitution, along with
freedom of thought and conscience. Each person has the right
to change religions or belief and to worship or teach religion
alone or with others. There is no government-favored religion.
Nearly 100 percent of the population is Christian.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no controls upon citizens of Western Samoa regarding
internal movement or resettlement. Foreign travel is
unrestricted, and the right to return guaranteed. There are
no refugees from or in Western Samoa.
840
WESTERN SAMOA
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Power in Western Samoa is vested in the Prime Minister and the
Legislative Assembly. Under the Constitution, the Assembly is
elected every 3 years. Forty-five of its members are elected
by the approximately 12,000 village chiefs (matai), and the
other 2 seats are filled by elections among those citizens who
are not Samoan by heritage. Although there is some pressure
for popular elections, this concept is seen by many as
conflicting with "Fa'a Samoa" (the Samoan way). The existing
system is viewed as democratic, in that the matai traditionally
consult with their extended families before making decisions
such as choosing among candidates for the Assembly. The matai
system is conservative but does allow for change. While
Samoans must show respect and obedience to their matai in
family and communal affairs, the matai have well-defined
responsibilities which, if not met, can result in removal.
Western Samoa has only the rudiments of political parties.
The most prominent political organization, the Human Rights
Protection Party (HRPP) , was founded in 1982. Its founder,
Va'ai Kolone, is currently Prime Minister. Although a second
party, the Christian Democratic Party (CDP) , was formed
shortly before the elections of February 1985, the political
process in Western Samoa remains very much a function of
personality rather than party. In recent experience,
elections have occurred more frequently than the prescribed
3-year cycle, primarily as a result of votes of no confidence.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In the absence of allegations of abuse of human rights in
Western Samoa, no international or nongovernmental bodies have
conducted investigations. There are no official or private
human rights organizations in Western Samoa.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Samoan politics and culture are the product of a heritage of
chiefly privilege and power, and persons of good family have
certain advantages. Women traditionally occupy a subordinate
role, though there are numerous female matai and women serve
as members of the Legislative Assembly. The functioning of
the matai system, including the democratic consensus method of
selecting the matai themselves, tends to work against
discrimination.
The Samoan Constitution makes special provision to preserve
the political rights of non-Samoans. Persons of mixed
ancestry who are culturally Samoan are fully accepted and can
attain positions of considerable wealth and influence.
CONDITIONS OF LABOR
The Labor and Employment Act of 1972 and Regulations of 1973
established for the private sector a 40-hour workweek and a
minimum wage of $0.25 an hour. It is illegal to employ
children under 15 years of age except in "safe and light
work." The law also establishes certain rudimentary safety
and health provisions, such as a requirement for fencing
around dangerous machine parts. Independent observers report.
841
WESTERN SAMOA
however, that the safety laws are not enforced except when
accidents highlight noncompliance and that many agricultural
workers, among others, are inadequately protected from
pesticides and other hazards because of limited employer
awareness of occupational hazards. Government education
programs are addressing these concerns. The law does not
apply to service rendered to the matai, some of whom require
children to work at what might be considered child labor.
Government employees are covered under different, more
stringent regulations, which are adequately enforced.
842
EUROPE AND NORTH AMERICA
ALBANIA*
Albania is a one-party state ruled by a Marxist-Leninist
dictatorship. The Government proclaims itself a People's
Socialist Republic. Ramiz Alia, who officially replaced
long-time dictator Enver Hoxha as Albania's leader in 1985,
exercises personal leadership through the 140, 000-member
Communist party known as the Albanian Party of Labor (APL) .
Since assuming leadership. Alia has pledged continuity with
Hoxha ' s policies. Internationally, he has pursued a policy of
cautiously expanding diplomatic, cultural, and commercial
links abroad, especially with neighboring Balkan and Western
European states.
A large, effective security service, the Sigurimi, assists the
party in maintaining repressive controls over the Albanian
people, wh' are permitted only very limited civil and political
rights .
Albania has a centrally controlled command economy under which
the State owns the means of production, and the Government
directs all significant economic activity. Within a strategy
of economic self-reliance, the Government emphasizes a policy
of rapid industrialization and development. In recent years,
however, the rate of economic growth has declined.
There are indications that a limited number of restrictions on
everyday life have been relaxed somewhat under Alia. Although
the Albanian population continues to be isolated from foreign
influences, the Government now tacitly allows citizens to
receive foreign broadcasts from Italy, Greece, and
Yugoslavia. The Government has liberalized visa issuance for
tourists from most Western countries and allowed a limited
number of its own citizens to visit neighboring countries in
tour groups. In other areas, significant human rights
violations, corroborated by private international
organizations and refugees, continue to occur. The Government
has repeatedly refused to cooperate with any international
organization which investigates human rights complaints.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No evidence came to light of political killings by the
authorities during 1987.
b. Disappearance
There is no recent information available on whether
disappearances occur.
*The United States has not had diplomatic relations with, or
official representation in, Albania since 1939. It is
difficult, therefore, to comment authoritatively on conditions
in Albania.
843
ALBANIA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Criminal Code prohibits and provides punishment for the
use of physical or psychological force during investigations.
Nevertheless, former political prisoners have often reported
that they were beaten or otherwise ill-treated during
investigation proceedings to force them to make confessions.
Although some of the worst abuses of the past may have ended,
it appears that Albanian investigators still resort to threats
and beatings to obtain confessions or collaboration. In the
absence of independent means of investigating these charges,
it is difficult to corroborate such reports.
Private international humanitarian organizations have reported
extremely harsh prison conditions in Albania, including a
severe hard-labor regime with inadequate food and clothing,
long-term solitary confinement, cramped cells without room to
lie down, and unheated, unfurnished cells lacking any sanitary
facilities. The Burrel prison and Spac and Ballsh labor camps,
in particular, have been noted for their harsh conditions.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution provides that no one may be arrested without
court or prosecutorial approval, or be sentenced to jail
without a court verdict or for an act which is not a crime.
The Criminal Code, however, is explicitly ideological and
officially characterized as a "weapon in the class struggle."
Its provisions defining political offenses are loosely
formulated, allowing the courts to interpret them broadly to
punish whomever the regime desires.
The Criminal Code lists 34 crimes, 12 of which are political
offenses, for which the death sentence may be imposed. Among
these are such nonviolent political offenses as: unauthorized
leaving or "flight" from the State, agitation and propaganda
against the State, creation of a counterrevolutionary
organization or participation therein, concealment of a person
who commits a crime against the State, activity against the
revolutionary movement of the working class, and refusal to
carry out a duty or coercing others to refuse.
The Criminal Code also provides that banishment (generally to
a state farm or enterprise) or internment may be
administratively imposed, without trial, for up to 5 years on
persons whom the authorities consider a threat to the
Communist system and on the families of fugitives. Amnesty
International's 1987 Report noted that six members of the Popa
family from Durres were punished in this manner. In December
1985, they left the collective farm and sought refuge in the
Italian Embassy in Tirana where they still remain at the end
of 1987.
There are numerous reports that families of escapees from
Albania have been imprisoned or interned as a deterrent to
other potential illegal emigrants. Amnesty International has
reported a number of such cases in recent years, but another
source claimed that close relatives of recent escapees are no
longer interned.
Amnesty International reports that political detainees lack
adequate legal safeguards during pretrial investigations. By
law, investigations into crimes against the State must be
completed within 3 months, but extensions are easily obtained.
844
ALBANIA
and no effective maximum period of investigation is enforced.
Most investigations into political offenses are completed
within 4 months, but Amnesty International charges that some
investigations have dragged on for more than a year.
Political detainees have been held in solitary confinement for
up to 6 months during pretrial investigations without access
to lawyers or relatives. The Criminal Code provides that
accused persons must be informed when investigation of their
cases is concluded and allowed to examine all the evidence to
be brought against them. Usually, however, they are not
allowed to examine all the materials and are shown only a copy
of the indictment. While investigators are theoretically
bound by rules of procedure, and the accused may appeal to
higher authority against investigators who violate proper
procedures, there do not appear to be any effective controls
on the powers of investigators in political cases.
Little information on forced labor is available. It is
believed that one form of punishment is internal banishment to
a labor camp. The prisoners do not have a choice of work but
are remunerated for their labor. In addition, virtually every
citizen is required to participate in uncompensated
"voluntary" work projects, particularly at harvest times.
e. Denial of Fair Public Trial
The judicial system includes a Supreme Court and regional and
district courts. Like all organs of the Government and state
authority, the judicial system is under the total control of
the APL . Courts may not render an independent verdict in
conflict with the wishes or policies of the regime.
Amnesty International reports that persons accused of
political crimes lack adequate legal safeguards during their
trials. Defendants at political trials have usually been
denied defense counsel and have had to conduct their own
defense. Major political trials of state officials are closed
when it suits the purposes of the regime, but most political
trials of ordinary citizens are held in open court. Most such
trials last no more than 1 day, and there have been no known
acquittals .
Reports of the number of persons in prison range from 4,000 to
40,000, including 300 members of the pre-World War II elite,
as well as pro-Soviet, pro-Chinese, and other political
prisoners. Many persons are serving sentences for expressing
dissatisfaction with conditions in Albania or for trying to
flee the country. Former political prisoners report about
1,200 political prisoners each were being held in the Ballsh
and Spac labor camps during the early 1980's. Some 300 more
were imprisoned at Burrel, and others were held in Tarovic,
Kosove, and Tirana prisons. Although the Government declared
an amnesty on November 15, 1982, there is no independent
confirmation of the number of persons amnestied, and there are
reports of further political arrests since 1982.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution proclaims the inviolability of the home and
the privacy of correspondence, but at the same time provides
that these and other civil rights are subordinate to the
general interest and cannot be exercised in opposition to the
Socialist order. Observers generally believe that the
845
ALBANIA
authorities can, and do, violate the privacy of the home
whenever and to the extent necessary to achieve their ends.
The Government uses its pervasive informer network to report
on, among other things, the private lives of its citizens.
Children are taught to report their parents' activities in the
home, such as whether they practice religion or speak against
the Government.
Contact with the outside world is carefully monitored.
Albanian citizens are required to report any contact with
foreigners to the police. Refugees have reported difficulties
they had while in Albania in receiving mail or telephone calls
from relatives living abroad. Sometimes packages of food,
medicine, and clothing sent to them were returned by the
Albanian authorities. There are reports that it became
significantly easier in 1986 and 1987 to receive letters and
packages from relatives abroad. Though it is technically
illegal to receive television or radio broadcasts from
neighboring Greece, Italy, and Yugoslavia, recent indications
are that the Government tacitly allows its citizens to do so.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution states that citizens enjoy these
freedoms, it provides that they may not be exercised in
opposition to the Socialist order. Consequently, the
Government has imposed rigid restrictions on freedom of speech
and press. Any citizen who publicly criticizes the Government
is subject to swift and severe reprisals under an article of
the Constitution which forbids anti-State agitation and
propaganda. Amnesty International claims in its 1987 Report
to have received information about several persons convicted
under this article and serving sentences of up to 20 years for
peacefully expressing views critical of economic or political
conditions in Albania.
All news media are government controlled and never criticize
the state and party leaderships or their policies. Art and
literature are deemed to be weapons of revolutionary change
and are subject to rigid state control and censorship. The
authorities also manipulate scholarly inquiry and publications
for political purposes, particularly in such fields as
linguistics, literature, economics, history, geography,
folklore, and ethnology.
Information from abroad is carefully controlled, and persons
having unauthorized contacts with foreigners have been
reprimanded or jailed. There is some indication that such
restrictions may have been relaxed somewhat lately. Western
visitors report that Albanian citizens are increasingly bold
in talking to Western visitors and tourists.
b. Freedom of Peaceful Assembly and Association
The security police deal severely with group activities that
do not have government sanction or that might appear to be in
opposition to the leadership. There are no independent
associations or organizations; all are controlled by the APL.
Nearly all Albanians belong to trade unions that are part of
the United Trade Unions of Albania, an arm of the APL. These
unions have no significant independent voice in the field of
labor relations, although they do play a key role in
846
ALBANIA
indoctrinating and propagandizing the workers, in maintaining
labor discipline, and in organizing the periods of so-called
voluntary manual labor in which all Albanians are expected to
take part.
c. Freedom of Religion
All religious activity in Albania is expressly prohibited by
the Constitution and by government policy. Historically,
about 70 percent of all Albanians were Muslim, nearly 20
percent were Orthodox, and a little more than 10 percent were
Roman Catholic. A recent refugee report estimated that
between 2,000 and 2,500 Jews live in Albania.
In 1967 the Government proclaimed Albania the first atheist
state in the world, abrogated all laws dealing with
church-state relations, and began actively to eradicate all
vestiges of religion. More than 2,100 mosgues, churches,
monasteries, and other institutions were closed, their fixed
assets were seized without compensation by the authorities,
and many religious leaders were persecuted, imprisoned, or
even executed for continuing their religious functions. All
religious literature was banned, as were any personal
manifestations of religious belief or practice. While a few
outstanding historic churches and their religious art are
being restored as museums, most churches and mosgues have been
converted to other uses.
The regime continues to suppress religious activity by
threatening harsh penalties for believers who practice their
faith and by obliging citizens to inform on believers.
Nevertheless, there have been some signs that the regime is
quietly toning down its antireligious campaign, as Tirana
tries to improve its relations with Italy, Greece, and
Turkey. There has been, however, no official statement that
religious practice is once again allowed. In its 1987 Report,
Amnesty International, citing refugee statements in 1986,
noted the arrest of Father Pjeter Meshkalla, an 80-year-old
Jesuit, after he had celebrated mass in a private house. He
had already served two long terms of imprisonment. One
Western report said Father Meshkalla had died in custody in
1987, but this has not been confirmed. Despite years of
antireligious pressure, some Albanians have continued to
practice their faith in their own homes, particularly in
villages and in more remote mountainous areas. Tourists have
also reported seeing Muslim Albanians praying along roadsides
with apparent impunity.
In November 1983, the Vatican publicly condemned religious
persecution in Albania and claimed that a number of priests,
members of holy orders, and seminarians had died in prison.
It also reported that two priests had been executed for
baptizing children. The official press denies, however, that
believers have been persecuted and maintains that religious
belief is opposed only by argument.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution does not guarantee freedom of movement.
Movement within the country and travel abroad are controlled
very strictly, and transgressors against the laws are severely
punished. The Criminal Code states that flight from the State
or refusal to return to the fatherland by a person sent abroad
on service or allowed to leave the State, is considered
847
ALBANIA
treason and punishable by imprisonment for not less than 10
years or by death. Amnesty International stated in its 1987
Report that a worker from Kavaje was serving a 25-year prison
sentence for having attempted to leave Albania illegally.
Despite this, Albanians continue to risk their lives to cross
heavily guarded borders into Greece and Yugoslavia. Until
recently, Albanians were allowed to leave the country legally
only on official business or, very rarely, for family
reasons. In 1987 organized groups of Albanian tourists
visited Yugoslavia, and Albania is reported to be negotiating
similar programs with Italy and other Western European
countries. Albania has publicly stated that it wishes to
increase the number of its university students on exchange
programs in Western countries. Neither Albanian law nor
practice allows the right to emigrate.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
No such right exists in theory or in practice. The system of
government is a totalitarian dictatorship, headed by Ramiz
Alia in his capacity as First Secretary of the APL and
Chairman of the Presidium of the People's Assembly. The
Constitution establishes the APL as the sole political entity
and Marxism-Leninism as the only political ideology. The APL
is governed internally by the principle of "democratic
centralism," under which decisionmaking power is concentrated
in the hands of a small elite. Any attempt by individual
citizens, or even party members, to criticize policy or change
the form of government or its leaders is dealt with severely.
The Constitution provides that the People's Assembly (a
unicameral parliament) is the supreme organ of national
government in Albania; similar bodies, called people's
councils, exist at the local level. Candidates for these
assemblies are first designated by a mass organization known
as the Democratic Front, which is controlled by the APL, and
then "elected" without opposition by universal suffrage.
After the last quadrennial elections, held on April 27, 1986,
the Government announced that 100 percent of eligible voters
had participated and that the official slate of candidates had
been elected with more that 99.99 percent of the votes.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government denies violating human rights and refuses to
cooperate with any investigation of allegations to the
contrary, including confidential investigations by the United
Nations Human Rights Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Greeks are the largest ethnic minority, but smaller numbers of
Serbs, Macedonians, Vlachs, Gypsies, and Jews also live in
Albania. The Constitution grants national minorities
"guaranteed protection and development of their culture and
popular traditions, the use of their mother tongue, and its
teaching in the schools, and equal development in all fields
of social life." While there are differences of opinion over
the extent to which minorities can exercise their cultural,
educational, and linguistic rights, they are clearly
restricted. While Greeks and Macedonians can be educated in
848
ALBANIA
their mother tongue through the primary level, there is no
publishing or broadcasting in these languages. Several
reports indicate persecution, harassment, and discrimination
against minorities solely because of their ethnic status.
There have even been reports of mass removals of segments of
the Greek population out of traditionally Greek lands in the
south to areas more distant from the Albanian-Greek border.
Furthermore, insofar as the ban on religious practice has
removed the Greek Orthodox Church from Greek communities in
Albania, an important part of that ethnic group's commmunity
life and links to Greece has been eliminated. The leadership
of both the APL and the Government are overwhelmingly ethnic
Albanian of Moslem background.
The Constitution states that women shall enjoy "equal rights
with men in work, pay, holidays, social security, education,
in all social-political activity, as well as in the family."
Information on the extent to which these rights are exercised
is not available, but there are indications that the regime
has advanced the status of women. Women are said to
participate equally in the obligatory labor and military
service programs. There are several women in party and
government leadership positions.
CONDITIONS OF LABOR
There is no current data available on the minimum age for the
employment of children, minimum wages, maximum hours of work,
or occupational safety and health.
849
AUSTRIA
Austria is a constitutional parliamentary democracy. A
coalition government (Socialist Party and People's Party) was
formed after the November 1986 national election. The loosely
united Green Party and the rightwing Freedom Party comprise
the opposition.
Austria has a developed economy, and Austrians enjoy a high
standard of living.
Since World War II, Austria has served as a country of first
asylum for nearly 2 million refugees from Eastern Europe.
During periods of crisis and upheaval in Eastern Europe,
refugee arrivals rise significantly.
Human rights are highly respected in Austria, and individual
rights and political freedoms are constitutionally
guaranteed. Expressions of anti-Semitism, voiced since
allegations concerning Kurt Waldheim's World War II activities
were raised during his 1986 presidential campaign, have been
strongly opposed by the Government.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings either
by government authorities or opposition groups.
b. Disappearance
There were no abductions by authorities.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is banned by Article II of the European Convention for
the Protection of Human Rights and Fundamental Freedoms, which
is incorporated into the Austrian Constitution. In its 1987
Report, Amnesty International listed two instances of police
brutality in Austria. In these incidents, which took place in
1985, two persons under arrest allegedly were subjected to
beatings and electric shocks. Austrian authorities stated
that their investigations showed the charges were unfounded.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution prohibits arbitrary detention or exile. The
law provides for investigative detention for 72 hours, by
which time an investigative judge must decide on the legality
of the detention. Provided the investigative judge agrees,
the accused may be held in detention pending completion of an
investigation for up to a maximum of 2 years. Grounds for
investigative detention are enumerated in the law, as are
conditions for release on bail. A 1983 law revised the
provisions concerning detention by shortening pretrial
procedures, restricting the number of detentions, except in
the case of persons who have or are alleged to have committed
serious crimes, and providing better legal protection for
detainees. There were no allegations that these provisions
for investigative detention have been violated.
850
AUSTRIA
In January 1989, a new law governing detention for minor
infractions of administrative law will come into effect. The
new law will transfer authority to order detention from the
administrative authorities to an independent judge, in
accordance with Article 5 of the European Human Rights
Convention. Between 1981 and November 1986, the number of
persons held in investigative detention or serving prison
sentences declined by 10 percent to 8,063. There is no forced
labor .
e. Denial of Fair Public Trial
The judiciary is independent from the executive and
legislative branches of government. Trials are public.
Judges are appointed for life and, in principle, may not be
removed from office. Jury trials are prescribed for major
offenses, and those convicted have the right of appeal.
Written charges must be presented to the accused, who has the
right of representation by a lawyer.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law provides for the protection of personal data
collected, processed, or transmitted by government agencies,
public institutions, and private entities. Constitutional
provisions also protect the secrecy of the mail and telephone.
The privacy of family life is respected. There is no effort
by the Government to monitor or control family life.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are provided for by the Constitution and
respected in practice. Austria has a free, independent, and
multifaceted press, ranging from conservative to Communist.
Publications may be removed from circulation if they violate
legal provisions concerning morality or public security. As a
matter of practice, such cases are extremely rare. Opposition
viewpoints are given wide attention in Austrian publications.
Austria's well-established democratic political system, its
active and independent press, and its effective judiciary
combine to assure continued freedom of speech and press.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association. The Austrian State Treaty of 1955, though, makes
an exception to this principle in the case of Nazi
organizations and activities. For example, a neo-Nazi
demonstration commemorating the death of Rudolf Hess in August
1987 was prohibited. The Constitutional Law of 1945 also
prohibits Nazi organizations. The law on the formation of
associations stipulates that permission to form an association
may be denied if it is apparent that the organization will
pursue the illegal activities of a prohibited organization.
Public demonstrations require a permit from the police
authorities, who may consider only the public safety aspect of
the proposed demonstration and not its political purpose.
Permits are routinely issued.
851
AUSTRIA
Trade unions have an important voice in political life due to
their role in "social partnership," an unofficial system by
which Austria's economic policies are determined by labor and
management representatives. Labor is organized in 15 national
unions, each of which is a member of the Austrian Trade Union
Federation (ATUF) . This organization has a strong,
centralized leadership structure. Individual unions and the
federation are independent of government or political party
control. Unions have the right to organize workers, to
negotiate wage agreements, and to strike, although strikes
during the postwar period have been rare. One member of the
present Cabinet is president of a national union and, until
the Parliament was dissolved October 3, 1986, the president of
the lower house was also president of the ATUF. Nearly 60
percent of the work force is organized in trade unions. The
ATUF is a member of the International Confederation of Free
Trade Unions and also provides the worker delegate for
Austria's delegation to the International Labor Organization.
By law, most employees must be members of the Chambers of
Labor. This organization, which is unique to Austria,
represents workers' interests vis-a-vis the Government,
whereas the unions represent the workers vis-a-vis the
employers. The leadership of the trade unions as well as of
the Chambers of Labor is elected through democratic
balloting. There are, in addition, a large number of trade
associations and other professional groupings in Austria.
c. Freedom of Religion
This right is guaranteed by the Constitution, although the
Treaty of St. Germain, which also is a constitutional
provision, restricts this freedom to the practice of religions
which are compatible with public safety and morality. In
order to qualify as a recognized religious organization under
Austrian law, religious groups register with the Government.
Although 88 percent of the population is Roman Catholic, most
of the world's major religions are represented. Despite its
dominant position in the country, the political influence of
the Catholic Church has steadily diminished since 1945 and is
no longer considered a major political force.
Although overt and explicit expressions of anti-Semitism are
not part of public discourse here, several surveys have
indicated that such sentiments are latent among some
Austrians. These came to the surface when allegations
concerning the wartime activities of Kurt Waldheim (elected
President of Austria in June 1986) elicited a disturbing
anti-Semitic reaction on the part of individual Austrian
citizens. The Government has condemned this phenomenon in
very strong terms and has recommitted the country to combating
all its manifestations.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions concerning freedom of movement
within the country or on the right to change residence or
workplace. Austrian residents are free to travel or to
emigrate. Citizens who have left the country have the right
to return. No area of the country is closed to travel.
Austria serves as a country of first asylum for refugees from
Eastern Europe and as a transit point for Soviet Jewish
852
AUSTRIA
emigrants on their way to Israel or other countries. Once in
Austria, refugees are not forcibly returned to their country
of origin. During 1986, 8,639 refugees arrived in Austria, a
major portion of whom were from Eastern Europe. As of August
1987, there were 9,000 applicants for asylum in Austria. The
1987 government budget for refugee reception, care, and
maintenance is about $34.4 million.
The Government has drastically limited the issuance of work
permits to non-Austrians in an effort to reduce domestic
unemployment. Austria's foreign worker population, which
averaged 226,400 in 1973, stood at 146,000 in 1986 and 151,839
as of July 1987.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Austria is governed through a democratic parliamentary
system. Under the Constitution, elections must be held at
least every 4 years. Elections are free and regularly draw
high levels of participation. The 1986 national elections
resulted in a change of government in Austria. No party won
an absolute majority. The Socialist Party, which won 80
seats, went into coalition with the People's Party, which won
77 seats. Several small parties participated in the
elections, including the Communist Party, which did not
receive sufficient support to elect candidates to the
Parliament. The rightwing Freedom Party won 18 seats, and the
Greens won 8.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In its 1987 Report, Amnesty International stated that the
Austrian authorities did not comment in detail on the
substance of its allegations that two persons under arrest in
1985 were subjected to police brutality (see Section l.a.).
Austria recognizes the competence of the European Human Rights
Commission in Strasbourg for implementing the European
Convention. Austria concerns itself extensively with
international human rights matters. Representatives of
oppressed groups frequently visit Austria and meet with
government officials and political leaders to explain their
views. Because of Austria's geographic position, such
meetings frequently focus on the human rights situation in
Eastern Europe.
Amnesty International is the major nongovernmental human
rights organization active in Austria. Austrians also provide
financial support for the Bruno Kreisky Foundation, which was
formed in 1976 to honor distinguished human rights activists.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Austria has an extensive public welfare system, the benefits
of which are available to all citizens on a nondiscriminatory
basis .
Legal restrictions on women's rights have long been
abolished. Women are entering the work force in increasing
numbers and have made substantial progress toward economic
equality in the postwar era. Nevertheless, significant
853
AUSTRIA
inequality in practice still exists in political, economic,
and social fields despite legislation enacted in 1977 and 1979
to reform family law. In 1986, 39 percent of the labor force
was composed of women, but women's average income was 27
percent below that of men.
Women participate fully in the electoral process and
constitute 53 percent of the Austrian electorate. Since 1983
a woman in the Chancellor's office with the rank of State
Secretary has been responsible for women's issues within the
Government. The coalition Government has two female ministers
(Education and Family, Sports and Environment).
The human rights of Austrian minorities are respected, but the
Slovenian minority in the province of Carinthia is concerned
about the future of instruction in the Slovene language in
local elementary schools. The Slovenes fear that changes in
the province's bilingual education system, which some
German-speaking groups advocate, would effectively eliminate
Slovene from most provincial elementary schools. A federal
government commission has proposed instruction in both
languages, using separate teachers. The commission is also
considering a proposal by the Carinthian school authorities to
introduce separate instruction. While the Carinthian
government supports this, the Federal Government appears
opposed to separate instruction as a possible threat to the
"peaceful coexistence of ethnic groups."
CONDITIONS OF LABOR
There is no minimum wage in Austria, but anyone whose income
falls below the official poverty line of about $4,564 per year
is eligible to receive social welfare benefits.
Since 1975 the legal Austrian workweek has been established at
40 hours, although workers in several key industrial sectors
have achieved a shorter workweek. The minimum working age in
Austria is 15. The labor codification law and the labor
protection law are among the more important legal instruments
for ensuring workers' rights and decent working conditions. A
labor inspectorate attached to the Justice Ministry conducts
routine inspections of health and safety conditions in the
workplace .
854
BELGIUM
Belgium is a parliamentary democracy under a constitutional
monarch. In practice, the Council of Ministers (Cabinet), led
by the Prime Minister, is responsible for government decisions.
The Cabinet holds office as long as it retains the confidence
of Parliament, which includes 13 political parties split along
linguistic and ideological lines. The Flemish and Francophone
Social Christians have been the major contemporary political
force in Belgium, leading or participating in virtually all of
the 30-odd coalition governments since World War II.
Domestic security in Belgium is primarily the responsibility
of the national paramilitary Gendarmerie, the judicial police,
and a host of municipal police forces. The armed forces have
no role in domestic law enforcement.
The series of terrorist attacks and bombings by the Belgian
C.C.C. (Communist Combat Cells) that plagued Belgium in 1984
and 1985 ceased with the arrest of the C.C.C. 's reported
leaders in early 1986. The single terrorist incident in 1987
was the October assassination of a Syrian diplomat, claimed by
"Syrian Mudjahedin."
Belgium continues to contend with the social, economic, and
racial pressures linked to the presence of a largely Turkish
and North African immigrant population. The population
increased in 1987 with the arrival of nearly 8,000 refugees,
primarily from Africa and Asia.
Respect for human rights in Belgium is provided for in the
Constitution and laws and observed in practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Neither the authorities nor officially sanctioned groups
engage in killing for political motives. The "Syrian
Mudjahedin" claimed responsibility for killing a Syrian
diplomat in October 1987. The perpetrators have not been
caught .
b. Disappearance
Abductions, secret arrests, or clandestine detentions by
government or other officially condoned groups are proscribed
by law and did not occur.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Penal Code prohibits deliberate mistreatment or injury of
another by both public officials and private individuals. In
recent years, there have been some accusations of police
brutality in arrests and detention of suspects. Belgian
authorities have vigorously investigated such cases and have
taken disciplinary action against the perpetrators and forced
resignations .
Aged prisons are an issue in Belgium, but there were no
incidents involving cruel and inhuman punishment in 1987.
There are no differences in the conditions of confinement
855
BELGIUM
based on race, sex, religion, or social class, although prison
officials try to accommodate special religious and medical
diets. Prisoners in two large penitentiaries rioted in
September 1987 because British subjects extradited to Belgium
for trial on offenses related to the 1985 Heysel Stadium riot
were confined in a newly refurbished prison. As a result, the
Justice Minister promised to improve the physical conditions
in other prisons as well as the handling of people awaiting
trial.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Freedom from arbitrary arrest and imprisonment is guaranteed
by law. Arrested persons must be brought before a judge
within 24 hours or released. Belgian law provides for
pretrial confinement only under the following special
circumstances: When a person is apprehended in the commission
of a criminal act; when there is a risk that the suspect will
prove a danger to the community; when there is a risk that the
accused will flee the jurisdiction; and when the case involves
one of a number of serious offenses specified by law. The
premise for such confinement is subject to monthly review by a
panel of judges.
In practice, there is growing concern among local human rights
groups and parliamentarians that pretrial detention is
sometimes abused. Bail exists in principle under Belgian law
but is rarely granted in practice. There is no limit on how
long an accused may be held prior to coming to trial. The
President of the Belgian League for the Defense of Human
Rights has expressed his concern that extended pretrial
detention occurs more and more frequently in cases involving
immigrants .
Exile of Belgian citizens is not permitted by law. Forced
labor for political, ideological, discriminatory, or other
ends is unknown.
e. Denial of Fair Public Trial
A fair public trial, including the right to counsel, is
assured by law and honored in practice. A suspect is charged,
if the evidence so warrants, when the preliminary judicial
investigatory phase is completed. Charges are clearly and
formally stated. No one is imprisoned because of political
beliefs .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Freedom from arbitrary interference with privacy by the State
is guaranteed by law and respected in practice. The
Constitution specifically provides for the inviolability of
the home except in cases laid down and regulated by law. The
law forbids searches of private homes at night, except in
special circumstances. Warrants issued by a judge are
required unless the inhabitants of the domicile agree to the
searcn. The Penal Code provides penalties for all violations
of the home by officials as well as by private persons.
Monitoring of telephones and interference with mail are also
strictly prohibited. The Minister of Justice introduced a
bill in 1987 to allow the use of court-approved wiretaps by
law enforcement agencies under certain limited circumstances,
856
BELGIUM
including terrorist cases. This has not yet been approved by
Parliament.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are assured by law and respected in practice.
Varying political, religious, philosophical, and artistic
views are permitted free public expression, and there is no
political censorship of the media. There are, however,
prohibitions on publications and productions held to undermine
"public order" (e.g., explicit pornography and incitement to
violence). There are laws against libel, provisions for a
citizen's right of reply to media criticism, and restrictions
on criticism of government policies by civil servants.
Belgium has state-owned radio and television networks, but
there is no direct government control of program content.
Their programs are supervised by boards of directors which
represent the main political, linguistic, and opinion groups.
The Government has a representative on the boards but no veto
power .
Private radio stations, legalized in 1985, operate with
government licenses. Belgium has yet to pass legislation
permitting privately owned television stations. Most urban
homes have access by cable to television from other European
countries .
b. Freedom of Peaceful Assembly and Association
Political, civic, religious, artistic, social, and other
special interest groups are permitted free public assembly,
subject to regulations concerning public order. Labor unions
and groups protesting government policies or actions are free
from harassment and persecution, although permits are required
for open-air assemblies.
The right to organize, strike, and bargain collectively is
recognized and exercised freely, although government austerity
measures sometimes limit or alter the results of collective
bargaining. The degree of union organization is one of the
highest in the world, exceeding 70 percent of the work force.
Labor unions are strong and independent of the Government but
have important informal links with and influence on many of
the major political parties. The unions do not allow their
leaders to hold political office.
c. Freedom of Religion
Belgium has a long tradition of religious tolerance. The
Christian, Jewish, and Muslim religions are accorded a
"recognized" status in law, which includes a government
subsidy. Minority "non-recognized" religions enjoy full
freedom to practice and are not subject to harassment or
persecution.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Belgian citizens enjoy freedom of travel within the country
and internationally, including the right of voluntary
repatriation.
857
BELGIUM
A law took effect in May 1985 that gives municipalities in the
greater Brussels region the right to refuse to register new
f oreigners--def ined as citizens of non-European Community
countries — as residents. Such registration is required of all
persons residing in Belgium, with some exceptions. Six
municipalities have taken advantage of the new law, which in
effect could serve to limit the freedom of foreigners to
decide where they wish to reside in Belgium. To date, there
is no available evidence that this law has been applied to
discriminate on the basis of the race, religion, language,
social status, or ethnic background of the foreigners in
question.
Belgium has always welcomed refugees and granted political
asylum to applicants of many nationalities and races. That
liberal tradition remains unchanged, although Belgium modified
its asylum policy in 1987. Previously, anyone claiming to be
a political refugee was allowed in the country to pursue his
or her claim with the United Nations High Commissioner for
Refugees (UNHCR) , which adjudicated all such requests for the
Government of Belgium. The process often took more than a
year, during which time the asylum seeker was able to remain
in Belgium and receive all Belgian social benefits. Even
those who arrived with false documents were allowed to pursue
their claims. In 1986, 7,774 people took advantage of this
system, of whom only about 15 percent ultimately will be
granted refugee status.
A new asylum law, which will be fully in effect in early 1988,
transfers the power cf adjudication from the UNHCR to a
government commission. The new law allows border police to
refuse at the port of entry asylum seekers who use false
documents or make clearly fraudulent applications, and.
provides for fining carriers who transport improperly
documented aliens. Althoug.^ most aspects of this law were
implemented in .*vpri 1 1987, the flow of asylum seekers has not
dropped dramatically from last year's level.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Participation in the political systerr; is open to all
citizens. Direct popular elections for parliamentary seats
(excluding 7G of the 182 Senate seats apportioned by other
means) are held at least ev?;ry 4 ye?.rs under a system of
universal, secret, end compulsory suffrage for all adults (18
and over) . Unvjeighted voting (one person/one vote) has been
in effect since 1S19 for m.en, and since 1949 for women. Under
law and practice, opposition parties are free to operate
without constraints or repree^sion.
The existence of Dutcii- and French-speaking regions poses
significant problems for the State. All major institutions,
including political parties, are divided along linguistic
lines. There are special provisions for Dutch--, French-, and
Gerraan-speaKinc. councils at the regional level. Regional and
linguistic needs are taken into account in national political
and economic decisions.
Two French-speaking Belgians, elected in 1981 to represent
Francophone suburbs of Brussels located within the political
boundaries of the Flem.ish regional council, com.piained to the
European Court of Human Rights that they had been deprived of
their right to free elections by a Belgian law which allows
only Dutch- speaking Belgians to be elected to the Flemish
858
BELGIUM
Council. The court rejected their claim in 1987. Another
case involving the refusal of the elected mayor of a mainly
French-speaking town to use its official language (Dutch) has
deeply divided Belgium's two communities and caused recurrent
political tension in recent years.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No requests have been made for outside investigation of the
human rights situation in Belgium. There are several active
independent human rights groups, and they consider the
Government open to discussion of any human rights question.
The Government has been active in the United Nations and other
international forums in promoting human rights, and became a
member of the U.N. Human Rights Commission in 1986. It has
also promoted independent investigation of alleged human
rights violations.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Belgium is a culturally vibrant, pluralistic society in which
individual differences in general are respected, and
linguistic rights in particular are protected. Some 57
percent of Belgians are native Dutch speakers living primarily
in the northern provinces that constitute Flanders. The 42
percent of French speakers live mostly in the capital,
Brussels, and the southern provinces called Wallonia. The
small minority of German speakers live along the eastern
border. Language differences have been the subject of
hundreds of laws over the last century, leading to a fairly
rigid structure designed to protect each language group from
cultural, economic, or political dominance by the others.
Food, shelter, health care, and education are available to all
residents regardless of race, sex, religion, language, social
status, or ethnic background. Some 25 percent of the
residents of Brussels, the nation's largest city, are
foreigners. Many of these are North African and Turkish
immigrants. The immigrant population--generally poorer, less
skilled, and less educated than average--is increasingly the
focus of public debate concerning how to encourage greater
assimilation of the immigrant population into Belgian
society.
Belgium is a leading advocate of women's rights both within
the country and in international meetings on the subject. A
number of commissions have been established to ensure that
women's rights are protected and particularly to oversee
women's education and working conditions. Women's average
wage rates in nonagricultural employment in 1985 amounted to
74.6 percent of those of men. Women are well represented in
business and in political life. There are numerous female
members of the Senate and Chamber of Representatives. Three
women hold Cabinet posts in the current Government. To show
the importance attached to promoting women's rights
internationally, a Consultative Commission for the Condition
of Women has been made part of the Ministry of Foreign
Affairs. This Commission advises the Government on
international women's issues.
859
BELGIUM
CONDITIONS OF LAPOP
Belgium continued to sutter in 1987 from slow economic growth
and high unempioyinent , currently hover jng ^uGt below 12
percent. Governmantai policies to prorr.ote emplo^n.en'i; and an
extensive system of unemploymenl compen?5tioa and other social
benefits have served to minimize serious individual financial
hardship .
Belgian working hourf, mandated by law and collective
agreements, are the shortest irs Europe, averaging about 37
hours a week. There are generous provisions for miniiTiuin wage
(currently alm.ost $600 month fo- full-ti^'e work for those over
age 21, with a slightly lower youth minimum), vacations, and
unemployment benefits. Adequate health and safety legislation
exists, supplemented by collective bargaining agreements, and
health and r.afety committees are mandated by law at enterprises
with more than 50 em.pioyees. The minimum age for employment
of children is 16; chi J.dreri can work and study part time fro.Ti
aqe 16 tc 12 .
860
BULGARIA
Bulgaria is a centralized Marxist-Leninist state. The
Bulgarian Communist Party holds a monopoly of power and seeks
to control and direct all political, economic, social, and
cultural activities. A second party, the Bulgarian National
Agrarian Union, is represented in the Government and National
Assembly but is totally subservient to the Communist Party.
No other political parties are tolerated.
An omnipresent network of state security police and militia
(uniformed national police) deters or suppresses open
expressions of opposition to the regime or its policies.
All production and commercial facilities, except for small
private agricultural plots and small-scale businesses that can
be operated by an individual, a family, or a cooperative,
without hired labor, are owned by the State. The party
controls the trade union movement and uses it as a vehicle for
mobilizing the work force to achieve the regime's goals.
The Constitution specifies a number of civil, political, and
social rights, but in practice these rights are circumscribed
and cannot be exercised in any way that the Communist Party
deems unacceptable. Most limitations on and denials of civil
and political rights apply to all Bulgarians, but the
country's Turkish minority — about one-tenth of the
population--is subject to additional, severe restrictions.
The use of the Turkish language and traditional forms of dress
is banned, as are some Islamic religious practices. The
forced change from Turkish to Bulgarian given names and
surnames was completed in 1984-85, and emigration to Turkey
was closed off. No more than isolated acts of active
resistance to the Government's assimi lationist policies
occurred in 1987, and they were harshly repressed.
The human rights situation changed little during 1987. The
number of Bulgarians allowed to travel to the West increased
significantly, and the Communist-dominated media reported more
openly on selected issues. The authorities, however,
maintained tight control over all aspects of Bulgarian life
and gave no indication of reconsidering their repressive
policies towards the Turkish minority.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killings.
b. Disappearance
There were no reported cases of disappearance at the hands of
Bulgarian security forces.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
According to credible reports, torture and beatings continue
to be a feature of imprisonment in Bulgaria. A July 1987
Amnesty International report indicates that ethnic Turkish
journalist Halim Hyuseinov Pasadzhov, who was arrested in 1985
because of his opposition to the Government's name change
861
BULGARIA
campaign, may have been subjected to torture, including
"prolonged bouts of 'falange' (beatings on the soles of his
feet)," during pretrial detention in 1985. Political
prisoners, including intellectuals, are sometimes subject to
brutal treatment by common criminals, with whom they share
cells, as well as by their guards. During 1987 it was learned
that dissident Volodya Angelov Nakov, who had been in contact
with Western leaders, embassies, and journalists in the early
1980's, was arrested in 1984 and murdered in his jail cell in
September 1985 by a mentally deranged common criminal with
whom he was quartered. Some persons apprehended while
attempting to leave Bulgaria without authorization have
reportedly suffered severe abuse at the hands of border
guards .
Dissident activity and political opposition may result in
enforced psychiatric treatment. Grigor Simov Bozhilov, one of
a small group of Bulgarians who signed an "appeal" to the
meeting in Vienna of the Conference on Security and
Cooperation in Europe (CSCE) in early 1987, reportedly was
temporarily confined in a mental institution before being sent
into internal exile.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Bulgarian citizens may be detained, tried, and punished for
many actions which elsewhere are considered political, not
criminal, in nature. Police interrogation, detention, and
even arrest may result from unauthorized demonstrations,
public criticism of the Government, or the mere act of
entering or approaching a Western embassy, although such
activities are not explicitly illegal under Bulgarian law.
Several Bulgarians during 1987 privately indicated that they
feared to go to a Western embassy or even to communicate with
one by telephone.
Although the principle of a judicial determination of the
legality of a person's detention exists in Bulgarian law, it
does not provide effective relief against state action. The
Bulgarian judiciary is not independent of executive power, nor
is it able to provide any effective check on executive
actions. Although preliminary detention is limited
theoretically to 10 days, and then only when the evidence
appears sufficient to justify an indictment, several cases are
known of persons subjected to longer detention without charges
being filed. Following arraignment, Bulgarian law permits
detention up to 6 months before indictment. Under the
criminal code, the accused must be informed of the charges
against him, but sometimes this requirement is not observed.
Persons may also be subject to a system of administrative
control short of imprisonment, by which they are detained at
their place of residence and must appear frequently at the
local police station. Another form of punishment and control
is forced change of domicile or internal exile. A person's
right to remain in his place of residence may be revoked, and
he may be required to move far from family and familiar
surroundings .
In its 1987 Report, Amnesty International noted that Hristo
Kulishev, pastor of the First Congregational Church in Sofia,
was sentenced to 8 months' imprisonment in 1985 for not
yielding his parish to a government-sponsored appointee.
Subsequently, for continuing his religious activities, he was
banished under the People's Militia Law to northeast Bulgaria
862
BULGARIA
where he had to report twice daily to the police and could
receive only one monthly visit from his wife. Should exiles
or persons under such administrative controls leave despite
these prohibitions, they face possible imprisonment.
It is not possible to estimate reliably the number of persons
subject to arbitrary arrests, other forms of detention, or
summary exile in 1987. There was credible evidence in 1986
and 1967 that Bulgarians of Turkish ancestry, who had been
incarcerated on Belene Island or in other Bulgarian prisons
for their resistance to the 1984-85 assimilation campaign or
for other "troublemaking, " were being resettled after release
from prison to areas of Bulgaria with small numbers of ethnic
Turks. The exact number of detainees who may still be
incarcerated or in internal exile as a result of that campaign
is unknown. However, credible reports, including those
documented by Amnesty International and Helsinki Watch,
indicate that many ethnic Turks are still imprisoned or
exiled. A Bulgarian woman of Turkish ancestry reportedly was
detained for 4 days and beaten after fending off the sexual
advances of an official from whom she sought an exit permit to
rejoin her husband outside Bulgaria.
e. Denial of Fair Public Trial
Bulgarian law and general practice provide for public trial in
criminal cases. Defendants are entitled to legal counsel but
only after preliminary investigations and indictment, a
process that can last many weeks. When defense attorneys are
provided, they often cooperate with the prosecution.
According to a 1987 report, a Bulgarian lawyer was subjected
to disbarment proceedings because of his too energetic defense
of a client prosecuted for political reasons. Some defense
attorneys enjoy reputations for courage and honesty, despite
pressures from the security apparatus.
Special court procedures apply in cases involving state
security. Trials in such cases, and in others with political
implications, are not public. The number of such trials is
not known. Taking into account also those captured while
trying to escape across the country's borders and ethnic Turks
detained during and since the name change campaign, the number
of political prisoners is estimated at several thousand.
The judicial system generally seeks to maintain a semblance of
observing legal norms, but the courts sometimes apply statutes
retroactively or extend them to cases of dubious
applicability. The penal laws are codified, published, and
readily available for reference, but numerous procedural and
administrative regulations are not. Such regulations are
frequently invoked in judicial proceedings, and the defendant
has little opportunity to question the validity or
applicability of the regulation in question.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government and Communist Party interfere in the private
lives of citizens in many ways. The party and the security
apparatus direct an elaborate system of informers, which is
present in virtually all workplaces, residential areas, and
social organizations, to monitor the daily lives of Bulgarians
for signs of dissidence or other unacceptable behavior.
Citizens assume that security personnel may monitor their
telephone conversations and read their mail.
863
BULGARIA
The sanctity of the home is nominally safeguarded by law, and
police may not legally search property without prior
permission from a court or prosecutor. However, searches may
be undertaken in urgent situations before judicial permission
is given. The authorities are required to issue an itemized
receipt for property confiscated during a search. In one
case, a defendant facing trial refused to sign this document,
charging that it contained falsehoods. In court, the
defendant reported that his signature was forged on the
document, but a judge admitted it as evidence over the defense
lawyer's protest.
The Government regiments the private lives of citizens.
Virtually all citizens are members of mass organizations.
Children and young adults belong to the Pioneers and Komsomol,
respectively, while their elders belong to the Fatherland
Front and, in the case of the elite, the Bulgarian Communist
Party. There are strong pressures on all citizens to become
members of and pay dues to the mass organizations. Those who
refuse — an extremely small percentage of the population--are
likely to come under official scrutiny and to be denied
advancement at work and other benefits.
Government policies toward the Turkish minority, which it
describes as "Bulgarians who were forcibly Islamicized under
Ottoman rule," demonstrate forceful interference into areas
traditionally regarded as private. Despite official denials,
the public use of the Turkish language is banned. The wearing
of traditional forms of dress is also forbidden. The ethnic
Turkish and Muslim population continues to be required to use
Bulgarian names forced on it in the 1984-85 name change
campaign. Education in the Turkish language has long been
banned.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for certain basic rights, including
freedom of speech and press. In practice, however, other laws
provide severe punishment for anyone convicted of criticizing
the State or spreading "untruthful remarks which might
increase distrust of state power cr caust? confusion in
society." Unauthorized disclosure of information, such as
unpublished economic statistics, is illegal and subject to
serious penalties.
The regime totally controls Bulgaria's press, radio, and
television. Although censorship officially does not exist,
the media, as well as writers, artists, and those in academic
life, operate within well-understood party and government
guidelines and practices. International news coverage is
usually limited to that provided by the government news agency
or official Soviet sources, although carefully selected
articles from the Western press are sometimes published in
translation. Forbidden topics in the Bulgarian press include
unauthorized criticism of party and state leaders, of
Communist ideology, and of other Communist countries,
particularly the U.S.S.R.
Some positive developments were visible in the media in 1987.
The range of tolerated opinion on some issues, although still
narrow, was somevzhat broadened, and franker factual reporting
on some social problems was permitted. Some Western
newspapers were seen occasionally on certain Sofia
864
BULGARIA
newsstands. However, progress in this area, while
significant, has been very limited and has appeared to be the
subject of competing pressures within the leadership. Radio
Free Europe's Bulgarian Service continues to be jammed,
particularly in the capital area, but other Western broadcasts
are not jammed.
In addition to pervasive party control of the media, virtually
the entire population practices self-censorship. Annual
congresses of the official Writers Union adopt acceptable
themes for authors, and those not following directives are
unlikely to see their work published. Academic journals may
not challenge regime policies.
Ordinary citizens send criticism, suggestions, and complaints
by letter to newspapers and to National Assembly deputies on a
broad range of topics, such as inadequate services by public
agencies and housing shortages. None of the letters
published, however, exceeds criticism of specific shortcomings
or failures of lower-level administrative officials, in
conformity with state policy on "criticism."
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is a right granted only to legally
constituted organizations, and only for approved purposes.
Attendance at public demonstrations is a duty assigned by
schools and enterprises to their members. The number of
mandatory public demonstrations was reduced by a Politburo
decision in the summer of 1987.
The Constitution provides for freedom of association and
demonstration, but in practice the party decides which social
and political organizations may exist. Private associations
are unknown, and the law provides punishment for anyone
"founding an illegal, antistate organization." Lawyers,
doctors, artists, musicians, writers, and academics belong to
professional associations which have the party-assigned
function of controlling their memberships. Their contacts
with foreign, especially Western counterparts, are restricted;
and foreign travel to attend conferences and take part in
international exchanges is subject to control by party
organizations .
The Bulgarian Communist Party organizes and totally controls
all Bulgarian labor unions; the head of the labor organization
is a candidate member of the party's Politburo. Among the
union's chief roles are the fostering of their members'
devotion to the party, the promotion of patriotism and
"internationalism" (i.e., loyalty to the Soviet Union), and
the facilitation of the "scientific-technical revolution"
(i.e., the technological modernization of production). A new
labor code, in force since January 1987, and a "restructuring"
of the trade unions in the spring of 1987 are putatively
intended to shift the locus of union decisionmaking from the
apex to its base, but thus far there is no indication that the
role of the unions will substantially change, e.g., allowing
trade union opposition to Party goals or policies.
Workers are not permitted to organize outside the official
union structure. Nor are they allowed to strike, although
disgruntled workers in Mezdra engaged in a week-long stoppage
in March. Trade unions have not defended workers dismissed
from jobs for political transgressions. Security authorities
may blacklist such workers from certain kinds of employment.
865
BULGARIA
Bulgaria is a member of the International Labor Organization,
and the unions maintain ties with Communist-controlled unions
and labor confederations abroad.
c. Freedom of Religion
Although the Constitution provides for freedom of worship, the
authorities espouse atheism and discourage religion. Openly
expressed religious conviction is incompatible with party
membership or attainment of responsible government or other
positions. Policy directives adopted at the Thirteenth
Bulgarian Communist Party Congress in April 1986 called for
increased "ideological work against religious anachronisms"
and promoting broader acceptance of "the Socialist festive and
ritual system." Church-state relations are regulated by the
Committee for Questions of the Bulgarian Orthodox Church and
Religious Cults, which is a division of the Ministry of
Foreign Affairs. It reviews all clerical appointments and in
the past has occasionally imposed clergy on local
congregations over the opposition of the parishioners.
A number of faiths are recognized or tolerated, including
various Christian denominations, Islam, and Judaism. The
Ba'hai faith and the Dunovist sect, an indigenous movement
which flourished in pre-Communist Bulgaria, however, are
outlawed. A case illustrative of the extent of religious
freedom actually recognized in Bulgaria concerns a small
Protestant congregation led by Pavel Ignatov. After years of
unsuccessful attempts to secure official recognition, the
congregation learned that in January 1987 Ignatov v.*as to be
sent into exile to the small and remote village of
Mikhalkovo. The Government indicated that the action taken
against Ignatov was the result of his "interference" against
and "intrigues" within recognized churches; these charges
appeared to stem from the fact that many of Ignatov 's
congregation were former members of recognized churches.
Hundreds of Church of God members in the United States wrote
to Bulgarian officials asking that Ignatov be freed and his
church allowed to register. In the summer of 1987, Ignatov
was allowed to return to Sofia from Mikhalkovo, but the
Government continues to refuse to recognize his congregation
as a church.
The Bulgarian Orthodox Church, which was the established
church before the Comjuunists took power, is the largest and,
in the Government's view, most acceptable church, given its
historic role and continuing appeal to ordinary Bulgarians.
The church receives substdntial government financial support
and echoes government propaganda on such themes as peace and
disarmament. It is allowed to print a newspaper, distill and
market some alcoholic beverages, and sell some religious
articles, such as candles and small jewe]ry cros?^*is.
A Bulgarian-language Bible, only 2,000 copies of which were
published in 1982 and distributed domestically, is now out of
print, and no Bibles may be imported. Custom.s officials are
assiduous in their efforts to discover and confiscate
religious materials contained in the luggage or vehicles of
arriving visitors.
Although authorities generally do not interfere '.•- th older
worshippers attending services, they sometimes try to dissuade
young people from entering churches. Attendance at Easter
services ac Sofia's Aleksandur Nevsky Cathedral Is restricted
to those granted special "invitations," and police barricades
866
BULGARIA
keep all others at least a block from the church. Easter
attendance at other Sofia churches was massive in 1987, in
spite of the presence of large numbers of uniformed police.
Ethnic Turks comprise the majority of Bulgaria's Muslims, the
remainder being Slavic Pomaks and Gypsies. Increased measures
to discourage Islamic practices have figured prominently in
the Government's campaign to eradicate the cultural identity
of the Turkish community in Bulgaria. Muslim believers have
been inhibited in the practice of their religion by the
closure of many mosques and by prohibitions against the
religious education of children. Although Sofia's mosque is
slowly being renovated, many other mosques in areas with large
Turkish populations have fallen into disrepair or have been
converted to other uses or closed. For example, in 1987 local
officials in Kurdzhali confirmed that there is only one
functioning mosque in that city of 70,000 people, although a
Communist Party publication in 1986 indicated, on the basis of
sociological research, that about half of the adult population
of Kurdzhali city is religious. Certain architecturally
notable mosques, as in Razgrad, are in the process of extended
renovation as "cultural monuments" but are not open for
prayers .
Copies of the Koran may not be imported and are not generally
available to Muslims in Bulgaria. Bulgarian citizens are not
permitted to make the hajj (pilgrimage) to Mecca. Former
National Assembly memoer Halil Ibisoglu, who defected to
Turkey in 1986, confirmed in press interviews that
circumcision had been banned in Bulgaria in 1985 and that male
children were thereafter periodically examined to ensure that
they had not been circumcised. Parents and others
participating in circumcisions were subject to fine or
imprisonment. The observance of Muslim holidays is
discouraged. Many Muslim graveyards have been obliterated,
and Muslim burial procedures are not permitted. All sermons
must be delivered in the Bulgarian language.
The Jewish minority numbers about 5,000 people. Historically,
Jews in Bulgaria have not suffered anti-Semitic persecution.
Visits between the Bulgarian Jewish community and Israeli Jews
of Bulgarian origin are frequent, although subject to
government control. Sofia's Sephardic synagogue has received
some government funds for refurbishment, but no progress in
that project has been made, and religious services continue to
be held in a small, overcrowded anteroom. The synagogue's
prayer books are old, and no replacements are available. No
kosher meat is available, but Jews are permitted to bake and
distribute Passover matzoh without hindrance. A Jewish
cultural, social, and educational organization exists, but it
is atheistic and political in orientation. It publishes a
secular newspaper stressing Communist, anti-Zionist themes.
Roman Catholics are few in number and divided between
followers of the Latin and Uniate rites. A number of small
Protestant churches (e.g.. Evangelical, Baptist, Methodist,
Seventh-Day Adventist) also function. In church sermons,
preachers commonly avoid social and political themes. No
religious groups may engage in open proselytizing, and foreign
missionary activity is banned. Formal religious education of
children is prohibited, although some young people attend
church services with their parents.
867
BULGARIA
d. Freedom of Mcvement Within the Country, Foreign
Tra>/el, Emigration, and Repatriation
The Government controls v:hcre Bulqarians live, work, and
travel. Citizens are required at all tinges to carry with thsm
personal identity cacds stating their legal place of residence
and work. Without this card, they cannot register at a hotel,
paichase domestic airline tickets, or i:eek any kind of social
service such as medical assistance. Changing one's pl<ioe of
residence or work is a complicated process vnless it is at the
Governrasnt ' £ initiative or convenience. Moves to Sofia and
ether major cities from smaller settlements are especially
difficult because cf the authorities' desirs to control urban
growth. Bvl::arians may travel within the counr.ry without
restriction except in border zones, which are extensive in
some regions.
Tr^ivel into areas with a heavily ethrtic Tur;'ioh po^julation
appears to be subject to ^idditicnal unpublished restrictions.
The July 1937 Amnesty International report .Tientioned the case
of a Norwegian journalist wno, in Rovemhar 1986, after
receiving official assurances chat he could travel freely
within Bulgaria, was nonetheless stopped by roadblocks on
various roads while attempting to visit ethnic Turkish areas.
Foreign diplomats seeking to visit the Balkan village of
YE;blanovo--accordinq to p^ess accounts, the site of violent
clashes between seouiicy forces avr\ ethnic Turks during the
1^84-85 name change camraign--were repeatedly turned away by
militia officers between February and October 1?87, although
Yablanovo is officially open to diploraatic travel.
A Bulgarian citizen needs a passport for external travel and
an exit visa specifying tne destination for each trip. If a
Bulqerian vi•^its a country not specified in the exit visa or
is delayed in returning to Bulgaria beyond the stipulated
period, legal penalties may be imposed. Exit visas may be
refused for & variety of reasons, e.g., political
unreliability, or for no reason. When a Bulgarian is
successful in obtaining an exit visa, a spouse or minor child
is almost invariably required to remain m Bulgaria to ensure
the traveler's return. In 1987 there was a significant
increase :• n the number of Bulgarian citizens allowed to travel
to the West co.mpared to 1986.
In principle, emigration is possible under Bulgarian law, but
no right of emigration js recognized in practice. Many
Bulgarians who wished to leave the country during 1987 were
unable to acquire Bulgarian documentation to do so, including
ethnic Turks who wished to emigrate to Turkey. The Government
allowed one dissident, Dimitur Penchev, to emigrate to France
with his family in July 1987 after his case received
considerable attention in the French media. A number of
divided family cases were favorably resolved with the
emigration of Bulgarian citizens, as were several
U. S. -Bulgarian m.arriage cases. A family visitation case
pending since 1974 was finally concluded. Nevertheless,
numerous divided family cases, many involving ethnic Turks,
remained unsettled at the end of 1987.
The Government encourages repatriation of ethnic Bulgarians
residing abroad, although the right of repatriation is not
guaranteed. A number of Bulgarian-born foreign residents and
citizens return voluntarily to Bulgaria each year to live in
retirement. Those who had left without permission or who had
left with permission but stayed abroad without authorization
868
BULGARIA
may be accepted for residence under an "amnesty" program, but
the conditions of this program appear designed to ensure that
those participating in it will be accorded only the status of
Bulgarian citizens, without regard for rights they may have
acquired abroad as citizens of other countries.
It is Bulgarian policy to return to their home countries
potential refugees from other Warsaw Pact states who have
tried to cross the Bulgarian border into Greece, Turkey, or
Yugoslavia .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.
Citizens do not have the right to change the system of
government. The Bulgarian Communist Party leadership governs
Bulgaria. Nonparty members are effectively denied any role in
the formation of regime policy, and even rank-and-file party
members have little influence over party policies.
The regime tries to maintain the appearance of pluralism
through the participation of a second "political party," the
Bulgarian National Agrarian Union, in the Government and the
National Assembly. However, the Agrarian Party professes no
differences of view on any issue with the Communist Party and
does not contest National Assembly seats against it. Persons
identified as "non-party" (i.e., "independent") also hold
responsible government positions or National Assembly seats,
but they are not known to profess views contrary to Communist
Party policies. The Communist and Agrarian parties, together
with labor, youth, and other groups, comprise a mass
organization known as the Fatherland Front, which is wholly
controlled by the Communist Party. Political pluralism and
free participation in the political process do not exist.
Until the present, the Fatherland Front has been the only
organization permitted to present candidates for election; one
candidate has been presented for each office, precluding any
choice on the part of the voters. Constitutional changes
adopted in December 1987 provide for multicandidate elections
on the local level, as well as for the National Assembly.
There is no evidence, however, that the role of the Assembly
as a mechanism for implementing into law policies determined
by the Communist Party will be altered.
Illustrative of the Government's attitude toward the exercise
of political rights is the case of Stefan Dimitrov Cholakov
who was arrested in 1981 in Vratsa and convicted of "antistate
propaganda and agitation" because he had written to Bulgarian
officials proposing himself as a National Assembly candidate
with a program that, inter alia, would eliminate Communist
Party officials in factories and government institutions as an
unnecessary burden on the economy. He was also convicted of
criticizing another "workers' state" because he wrote letters
in favor of the independent Solidarity trade union movement in
Poland and wore a Solidarity button. He was sentenced to 18
months in prison but was released after 14 months in August
1982. On September 9, 1987, Cholakov was detained by the
militia in Vratsa for marching publicly with a sign reading "I
support the decisions of the July 1987 BCP Plenum and the
August 18, 1987 National Assembly for the elimination of the
party and state administration and bureaucracy--revolutionary
thinking. Stefan Cholakov." On that occasion, he was
released after several hours.
869
BULGARIA
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No independent domestic organizations to promote human rights
exist in Bulgaria. In 1986 the National Assembly created a
new legislative commission with the nominal function of
defending "social interests and citizens* rights." The
chairman of its subcommission on civil and political rights is
a high official of the Communist Party Central Committee's
department of social and national security policy.
In early 1987, seven Bulgarian citizens sent a written appeal
to the CSCE meeting in Vienna, asking that the meeting not be
adjourned until effective institutional means had been created
to oversee the implementation of the human rights commitments
of the Helsinki accords. Most of the signers were
subsequently detained and interrogated. One of the seven,
Grigor Simov Bozhilov, after reportedly being temporarily
confined in a mental institution, was sentenced to 2 years of
exile in the remote village of Kaynardzha in northeastern
Bulgaria .
The Government regards any criticism of its human rights
record as inadmissible and part of an "anti-Bulgarian
campaign," and it denounced an April 1986 Amnesty
International report on Bulgaria's Turkish minority in those
terms. Government media have published numerous articles
purporting to show that some of the Bulgarian Turks that
Amnesty International reported to have been killed while
resisting the name change campaign were not killed as
claimed. The July 1987 Amnesty International report did not
find the Bulgarian objections persuasive enough to require
altering the general conclusion that Bulgarian authorities had
committed and continued to commit extensive human rights
violations against the ethnic Turkish minority.
After considerable delays, members of the Islamic Conference
Organization visited Bulgaria in 1987 (received by the
Government in their "individual capacity") and toured Muslim
areas of the country. Their conclusions are expected to be
published in 1988.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination against the cultural, religious, and linguistic
identity of the ethnic Turkish population has been noted above,
Women are legally assured equal rights with men and do not
appear to suffer overt discrimination as regards educational
and professional opportunities. Women continue to be
underrepresented in policymaking positions within the party
and government, however, and over represented in many manual
and lower-paying occupations.
CONDITIONS OF LABOR
A new labor code adopted in 1986 codified and systematized
much existing legislation. It stipulated 16 years as the
minimum age for all but certain light work. Persons from 16
to 18 years of age may not be assigned work designated as
heavy, harmful, or dangerous; their workweek is either five
7-hour days or six 6-hour days.
870
BULGARIA
The minimum wage is the local currency equivalent of about
$120 per month at the official exchange rate, and the average
wage is the local currency equivalent of about $210 per
month. Especially in families with two working spouses, this
provides, at best, a modest standard of living. The workweek
for adults is 42.5 hours (5 days of 8 1/2 hours) in most
professions and occupations. Paid vacations range from 14
workdays annually, for those who have worked less than 10
years, to 18 workdays annually, for those who have worked more
than 15 years. Additional paid vacation is granted those in
certain difficult or dangerous occupations. Bulgarian
practice appears generally to conform to these guidelines,
although participation in unpaid supplementary "brigades" can
lengthen working hours on various occasions during the year.
A national labor safety program exists, but standards of
enforcement vary greatly. Trade unions are assigned a role
promoting job safety and the general social welfare of their
members .
871
CANADA
Canada is a constitutional monarchy with a federal
parliamentary form of government. Representatives in the
multiparty political system are elected by universal suffrage
at local, provincial, and federal levels. Government
responsibilities are defined by a national Constitution
subject to interpretation by an independent judiciary.
Federal and provincial election mandates last a maximum of 5
years. Elections are completely free and often result in a
changeover of power to opposition parties.
Canada has an open economic system that encourages private
ownership, investment, and entrepreneurship.
National and local law enforcement are carried out by Federal,
Provincial, and municipal police forces. Canada's armed forces
are under the authority of the elected civilian government and
have no role in domestic law enforcement except in extreme
circumstances under the War Measures Act (last invoked in 1970
during the terrorist kidnapings in Quebec) .
The Charter of Rights and Freedoms, added to Canada's revised
Constitution in 1982, provides for fundamental rights and
freedoms to everyone. Government and private organizations
work actively to try to ensure that these rights are respected
in practice at all levels of society. Canada is a leader in
promoting respect for human rights around the world.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no politically motivated killings in 1987.
However, four Canadian Sikhs were convicted for the 1986
attempted murder of an Indian official in British Columbia.
Canadian authorities and the general public are concerned
about the potential for increased levels of terrorist activity
in Canada. These concerns focus largely on Sikh and other
resident ethnic groups with active ties to troubled homelands.
b. Disappearance
Secret arrest, clandestine detention, and politically
motivated disappearances did not occur.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
These abuses are prohibited by law, and none was reported.
Prison conditions are generally good. A proposal to restore
the death penalty was considered by Parliament in 1987 and
decisively defeated.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Canadian law prohibits arbitrary arrest and imprisonment, and
this prohibition is respected in practice. However, some
civil rights and refugee assistance groups have criticized the
prolonged detention of a group of 174 undocumented Sikhs who
landed in Nova Scotia in July 1987 and claimed refugee status.
872
CANADA
Parliament is currently considering hills which would
strengthen the authority of the Government to detain refugee
claimants and swiftly deport those found inadmissible.
Opposition political parties and civil rights groups have
vigorously criticized portions of the bills, particularly those
prescribing stiff penalties for persons and organizations
--including churches and other humanitarian groaps--which
assist refugees to reach Canada without proper documentation.
The Federal Government may enforce the War Measures Act and
the Official Secrets Act in exceptional circumstances to
override certain constitutional guarantees. In the event of
war or peacetime crisis, the War Measures Act of 1914,
augmented by a 1981 Federal Cabinet order, permits the Federal
Parliament to declare a state of national emergency with
suspension of certain basic civil liberties. In June 1987, a
bill was proposed to introduce an Emergencies Act which would
replace the War Measures Act. The proposed bill attempts to
define the kinds of emergencies under which the Government
would have extraordinary powers. The 1939 Official Secrets
Act prohibits the private possession, distribution, and
publication of information deemed prejudicial to the interests
of the State and provides that persons under suspicion may be
arrested without a warrant.
Canada prohibits the use of any form of forced labor.
e. Denial of Fair Public Trial
In criminal trials Canadian law provides for a presumption of
innocence of the defendant until proven guilty, as well as the
right to a public trial and to counsel. Free counsel is
provided to indigents. The Official Secrets Act allows for
trials under its provisions to be held in secret with certain
presumptions in favor of the State. Prosecutions under this
statute are extremely rare, and convictions hard to sustain on
appeal .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Federal and Provincial Governments do not interfere with a
persopn's basic rights except when there is a reasonable basis
for presuming that the persons is involved in criminal
activity. Police officials face judicial penalties if they
abuse a person's privacy without first obtaining a search
warrant. In 1987, however, civil rights groups and opposition
parties complained that the Canadian Security and Intelligence
Service (CSIS) maintained files on and performed unwarranted
investigations into the activities of an unacceptably large
number of Canadians, many of whom--it was claimed by CSIS
critics--were members of peace groups and other organizations
posing no real threat to the national security. In a separate
development, the director of the CSIS resigned following
allegations that CSIS agents used false and misleading
information to obtain authorization to perform a wiretap on
suspected Sikh terrorists.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is provided for by the Constitution
and respected in practice. Laws prohibiting certain forms of
hate literature and pornography, restrictive decisions by
873
CANADA
Provincial film censorship boards, and legislation which
specifically protects language and cultural rights are the
sole exceptions to these freedoms. The Ontario Provincial
Government initiated proceedings in 1987 to try for the second
time a pro-Nazi publisher who was convicted in 1985 for
publishing a statement alleged to be false and likely to cause
social and racial unrest in Canada. The publisher was
sentenced to 15 months in prison in the 1985 trial, but the
original conviction was overturned on technical grounds. The
publisher is free on bail pending the anticipated commencement
of the retrial in January 1988.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is guaranteed.
Workers in both the public and private sectors have the right
to organize, associate freely, bargain collectively, and
strike. All labor unions have full access to mediation,
arbitration, and the judicial system.
In practice, certain groups of essential public sector
employees have limited collective bargaining rights and are
not allowed to strike. In 1985 and 1986 the International
Labor Organization censured four provinces for restricting the
bargaining rights of public sector workers. The offending
legislation was removed in the province of Ontario in 1986,
but no action has yet been taken to change legislation in
Alberta, British Columbia, and Newfoundland.
The Solicitor General admitted that the CSIS has used paid
informers and CSIS agents within some labor unions. One paid
informer was charged separately with conspiracy to bomb four
Quebec hotels involved in a labor dispute — an action that led
some union leaders to suggest the individual was acting as an
agent provocateur for the CSIS. Although the CSIS acknowledged
that the individual was a paid informer, it denied he was an
agent acting on the CSIS' behalf in the bombing conspiracy.
The Security Intelligence Review Committee, an intelligence
service oversight organization, commenced an investigation
into the affair.
c. Freedom of Religion
There is complete freedom of religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on movement within or outside
Canada, including the rights of emigration and repatriation.
Canada continues to be a haven for many refugees and displaced
persons. There is, nevertheless, widespread concern that many
have taken advantage of Canada's generous refugee law and made
spurious requests for asylum. The public's increasing
irritation is reflected in the Government's efforts in 1987 to
introduce more stringent refugee legislation.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Canada is governed by Federal and Provincial Governments that
are freely elected by the Canadian people through universal
suffrage. Legislative elections must be held at least every
5 years, and voter participation rates are high. The Governor
874
CANADA
Geneva] is Queen ri:i izabeti: II "s repirasentahive ss Heed of
Stdts. Pov/er is exercised in practice by the Prin.e Minister
sr.6. the C:?binei., who usually are elected members cf the
282-se3t House of Commo-is . Three politically c.iveise parties
cire reptesented in tne Comir.ons, and several others function at
the Provincial level. All Provinces and Territories havo^
sivfiilar freely elected ie^isla turt;^
Section 4 Gcvernnental Attitude Regarding Intsmaticnel and
Nongoverninental Investigation of Ailegecl Violations
of Hurrar Riohts
Canada actively promotes human rights in inteiiiational forums,
and the Fet'eral ■'Jov^rnreent encourages ncnQOvernn'^ntal
organizations to pursue irvestig^.tiofis of human rights abuses
throughout the world. The Canadian Human Rights Con-iiTiission
ard its Provincial counterparts investigate and resolve
complaint's of dlscri-^.ination in oublic and private sector
activities under governmental jurisdiction.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Food, shelte.', heslth car?., ar.d education are available to all
inhabitants recjandless of race, religion, f,ex, ethnic
background, or political opinion.
Article 15 of the Charter of Rights c-nd Freedoms guarantees
equaJ benefits and protection of the law regardless of race,
n.itionel or ethnic origin, ^olor, religion, sex, age, or
mental or physical disability. These rights are respected in
practice. However, a variety of women's groups and minority
r'ghts groups have expressed concer.i that the adoption by
C:nada of a constitutional accord bringing Quebec into the
Constitution and granting it special status as a 'distinct
society' could endanger the rights of women and or linguistic
and cultural tidnorities tnroughout Canad?. The acc'^rd, signed
by the Prime Minister and the Provincial Premiers and approved
by Commons in 1987 but not yet approved by all the Provincial
legislatures, is see.n by some groups as threatening the promise
of equal rights for women and m.inorities sat fo£Ch oy the
Charter of Rights and Freedoms.
Women participate freely in Canadian society. Women's rights
are overseen by a Federal Cabinet minister responsible for the
status of women and by the Federal and Provincial numan rights
commissions .
CONDITICMS OF LABOR
Labor standards vary from province to province, but all
guarantee a sufficient minimum wage and limit the standard
workweek to 40 or 48 hours. Federal and Provincial legislation
protects employees from hazardous working conditions. Child
labor legislation also differs among the provinces. The
Federal Government generally prohibits those under 17 years of
age from working for the Federal Government while school is in
session. Provinces generally prohibit those under age 15 or
16 from working without parental consent, working in any
hazardous employment, or working at night.
875
CYPRUS
Cyprus has been divided since the Turkish military
intervention of 1974, an event which followed a coup d'etat
directed from Greece. Since that time, the southern part of
the country has been under the control of the Government of
the Republic of Cyprus, and the northern part under an
autonomous Turkish Cypriot administration supported by the
presence of Turkish troops. In 1983 this administration
proclaimed itself the "Turkish Republic of Northern Cyprus,"
which has been recognized only by Turkey. It held a
constitutional referendum and presidential and legislative
elections in 1985.
The internal political systems of the Republic of Cyprus and
the Turkish Cypriot administration are democratic, based on
free elections, and provide for basic human rights to their
populations in theory and practice.
Both Cypriot economies are founded on the free enterprise
system, with stress on private initiative and the right to own
property. The relatively prospering economy in the south is
based on manufacturing, trade, tourism and services,
construction, and agriculture. The economy in the Turkish
Cypriot area, which is closely linked to that of Turkey, is
heavily based on agriculture and suffers from high inflation,
low investment, and significant underemployment. In the past,
the Turkish Cypriot economy provided a large role for state
enterprises, but efforts are now under way to orient the
economy toward greater private sector participation.
The conflict between the Greek and Turkish Cypriot communities
during the 1963-74 period, the Turkish intervention in 1974,
and the continuing presence of Turkish troops in the north
have led to charges of human rights violations. These events
resulted in the uprooting of Greek Cypriots and Turkish
Cypriots from the northern and southern parts of the island
respectively, and the loss of lives, homes, and livelihoods.
Greek Cypriots point to these displacements, the continuing
Turkish troop presence, the disappearance of Greek Cypriots as
a result of the 1974 events, and the Turkish Cypriot
unwillingness to allow Greek Cypriot resettlement and travel
in the north as the fundamental human rights questions in
Cyprus today. In contrast, Turkish Cypriots assert that the
1974 Turkish intervention was legal and necessary to save
their community from destruction. They point to the physical
and economic isolation of the Turkish Cypriot population
living in enclaves from 1963 to 1974 and the disappearance of
Turkish Cypriots during the same period. They maintain that
they had been disenfranchised de facto, and that the
subsequent regrouping of the two communities in separate parts
of the island was necessary for their security.
In August 1984, the United Nations Secretary General launched
a renewed initiative to achieve a just and lasting resolution
of the Cyprus problem. In his latest report to the U.N.
Security Council, the Secretary General noted that an impasse
has developed in the negotiations. At present, according to
that report, the two Cypriot sides are unable to agree on the
process for continuing negotiations. The Secretary General's
efforts to overcome this impasse and to resume the negotiating
process continued throughout 1987.
876
CYPRUS
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no political killings.
b. Disappearance
There were no reports of persons abducted, secretly arrested,
or held in clandestine detention during 1987. However, the
issue of persons missing during the 1963-74 period remains a
source of dispute between the Greek Cypriot and Turkish
Cypriot communities. The tripartite Committee on Missing
Persons established under the auspices of the U.N. Secretary
General in 19S1 continued its investigations into this issue
during 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Both the Cyprus Constitution and the basic document governing
the Turkish Cypriot community specifically prohibit torture.
Freedom from cruel, inhuman, or degrading treatment or
punishment is provided for by law and respected in practice in
both communities. Adequate health care is provided in prison
and detention facilities, and diet is considered normal.
Family members may visit those in detention. After
sentencing, prisoners may be visited once a month, or more
frequently when humanitarian needs exist. Attorneys may visit
prisoners freely.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Freedom from arbitrary arrest and detention is provided for by
law and respected in practice by the Government of Cyprus and
Turkish Cypriot autiiorities . Preventive detention is not
legally authorized, nor has it oeen reported in practice. No
one may be held for more than 3 days for investigation of a
crime without referral of the case to the courts for extension
of tne period of detention. Most periods of investigative
detention do not exceed S to 10 days before formal charges are
filed. No instances of exile or of forced or compulsory labor
were reported.
e. Denial of Fair Public Trial
In ooth parts of Cyprus, fair public trial is provided for by
law and exists in practice. The judiciary is independent of
executive or military control. Defendants have the right to
be present at tneir trial, to be represented by counsel (at
government expense for those who cannot afford one), to
confront witnesses, and to present evidence in their own
de'it^nse. Cases are generally tried oefore a judge or panel of
judges, although a request for a jury trial is usually
granted. There are no special courts to deal with security or
political offenses. Civilians are not tried by military
courts. There are no political prisoners in Cyprus.
877
CYPRUS
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Both the Cyprus Constitution and the basic document governing
the Turkish Cypriot community provide protection for the
individual against arbitrary interference. A judicial warrant
is required, for example, for a police official to enter a
private residence. Abuses of privacy run counter to the
democratic traditions of both communities. However, Turkish
Cypriots complain that mail coming through the Republic of
Cyprus postal system is often delayed, opened, or not
delivered.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These rights are provided for by law and are widely and freely
practiced throughout the island. The press is free and
represents the entire political spectrum. There is no press
censorship, but the authorities control radio and television.
Legislation was passed by the Republic of Cyprus in 1986
giving each party represented in Parliament a seat on the
board controlling the Cyprus Broadcasting Corporation. In
addition, the proliferation of party and independent
newspapers in both communities enables ideas and arguments to
circulate freely.
Opposition papers frequently criticize the authorities. A
prominent politician in the Turkish Cypriot area, however,
faces seditious libel charges over an editorial he wrote in
1985 criticizing the chief executive of the Turkish Cypriot
administration. Preliminary motions in the case have been
entered, but it has not yet come to trial.
b. Freedom of Peaceful Assembly and Association
The freedom to associate, organize, and hold meetings is
provided for in law and respected in practice.
Trade unions and confederations, both non-Communist and
Communist, are free to organize on both sides of the
cease-fire line which divides the two communities. Over 80
percent of Greek Cypriot workers and 50 percent of Turkish
Cypriot workers belong to independent trade unions. In both
communities, trade unions freely and regularly take stands on
public policy issues affecting workers. Most unions are
affiliated with either the International Confederation of Free
Trade Unions or the World Federation of Trade Unions. Labor
authorities are required by law to mediate disputes in cases
which cannot be solved through normal collective bargaining.
All Cypriot workers have the right to strike and occasionally
do so. In general, however, strikes are rare and usually of
short duration. Both the Government of Cyprus and the Turkish
Cypriot authorities have the power to curtail strikes in what
are deemed to be essential services. The Government of Cyprus
used this power once in 1987 in relation to striking bank
workers .
Unions in both parts of Cyprus freely take part in
international meetings. The Government of Cyprus has taken a
particularly active role in the International Labor
Organization. Labor unions, more than most other
organizations on Cyprus, attempt to maintain contact and
cooperation across the dividing line.
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CYPRUS
c. Freedom of Religion
Freedom of religion is respected in Cyprus. In the south, the
vast majority of the population is Greek Orthodox, in the
north, Sunni Muslim. The Greek Orthodox Church in the south
has the character of a state institution. Missionaries are
allowed to proselytize in both communities.
Although members of the Latin, Maronite, and Armenian
minorities cannot serve in the Greek Cypriot National Guard,
this exemption is based on ethnic rather than religious
considerations and is generally welcomed by the minorities
themselves .
Approximately 100 Turkish Cypriots still live in the south of
the island, and are allowed to practice their religion
freely. In the north, non-Muslims include approximately 700
Greek Cypriots, over 300 Christian Maronites, and some foreign
residents, all of whom are free to practice their religion.
There is, however, a pending court case concerning an ancient
and valuable crucifix which was removed from the main Maronite
Church in the north. Following press reports that the cross
had disappeared, the Turkish Cypriot authorities found it
hidden in the home of a Maronite monk. Two monks were
subsequently arrested and accused of planning to smuggle the
cross to the south. The Turkish Cypriot authorities consider
the cross an art treasure of north Cyprus, the export of which
is illegal. No decision has been made yet on whether to
prosecute the case. It has however, led to charges in the
Greek Cypriot press of religious discrimination against
Christians in the north.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Turkish Cypriots and Greek Cypriots enjoy general freedom of
movement within their respective areas. Turkish Cypriot
authorities regulate travel into or out of the Turkish Cypriot
area. They bar Greeks and Greek Cypriots from entering the
north and Turkish Cypriots from visiting the south, except
when traveling for humanitarian, medical, or other special
reasons. The applications of Greek Cypriot residents of
enclaves to visit the south are usually granted, but the
applicants must return within a designated period or risk
losing their right to return, along with their property;
foreigners coming from the south must obtain permission to
enter the north. At the same time, the Government of Cyprus
bars the entry into the Greek Cypriot-controlled area of
foreigners who arrive at Turkish Cypriot ports. Those who
enter through the south wishing to stay overnight in the north
are discouraged from doing so by the Government.
The right to travel abroad and to emigrate is observed,
although individuals facing military service or legal action
in either part of Cyprus may not be allowed to travel.
Turkish Cypriots have difficulty in traveling to some
countries because their travel documents, issued by the
Turkish Cypriot authorities, are not widely recognized.
Citizens may repatriate freely.
Refugees who come to Cyprus from Eastern Europe are normally
sent to third countries as soon as arrangements for their
resettlement can be made.
879
CYPRUS
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Both the Government of Cyprus and the administration of the
Turkish Cypriot community are democratically elected. In
their lively multiparty political systems, parties compete
actively and without restriction for popular support.
Suffrage is universal, and elections are by secret ballot.
Elections for the office of President of the Republic of
Cyprus are held every 5 years, and elections for the House of
Representatives every 5 years or less. In the north, the
chief executive of the Turkish Cypriot administration is
elected every 5 years, and the legislative body every 5 years
or less. Greek Cypriots and Maronites living in the north,
the latter having chosen before 1960 to be regarded as members
of the Greek Cypriot community, do not participate in Turkish
Cypriot elections but elect their own village officials. They
are eligible to vote in Greek Cypriot elections but must make
their way to the south in order to exercise that right.
Women are by custom less active in politics than men in both
north and south. There are no women members of Parliament in
the north and only one in the south; there currently are no
women of ministerial rank in the north. In 1986 local
elections in the south, however, 31 out of 228 city council
seats went to women. A woman serves as Attorney General in
the Government of Cyprus, and the Government named a woman to
the bench for the first time in 1986. Two women currently
serve as under secretaries in the Turkish Cypriot
administration. There are two female judges serving in the
Turkish Cypriot administration, the first of whom was
appointed in 1981.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The question of human rights in Cyprus is closely connected to
the political differences that divide the two communities. In
1986 a group of Greek Cypriots announced the formation of a
"Committee for the Restoration of Human Rights Throughout
Cyprus." This committee ascribes the problem of human rights
on the island to the 1974 Turkish military intervention and
the continued presence of Turkish troops in the north. The
Turkish Cypriot Human Rights committee, in turn, denounces the
Greek Cypriot charges, stating that Turkish troops have been
present to protect Turkish Cypriot human rights. Such
exchanges continued in 1987.
Cyprus participates actively in the work of the U.N. Human
Rights Commission (UNHRC) . For several years, the question of
human rights in Cyprus relating to the events of 1974 has been
on the UNHRC "s agenda. In March 1987, the UNHRC passed a
resolution on Cyprus supported by the Government of the
Republic of Cyprus. The United States voted against the
resolution on the grounds that it would not advance the
efforts of the U.N. Secretary General to achieve a just and
lasting settlement through his good offices mission and that
it did not address the work of the Committee on Missing
Persons. The Republic of Cyprus also has applied to have the
question of human rights in Cyprus placed on the agenda of the
European Commission on Human Rights. In addition, the
Government of Cyprus repeatedly has raised in international
forums the question of missing persons unaccounted for since
880
CYPRUS
1974. Representatives of ip*-ernational human rights
organizations have open access to both the south and the north.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There have been persistent complaints that the approximately
700 Greek Cypriots and 300 Christian Maronites in the north
suffer discrimination concerning housing, water supply,
education, and freedom of movement. There also have been
allegations that a few recent instances of violent crimes
committed against members of these groups were evidence of
systematic harassment of the Greek Cypriot and Maronite
communities remaining in the north. The Turkish Cypriot
authorities, however, maintain that these were simply isolated
criminal acts which are being properly dealt with by the
police. The United Nations Force in Cyprus monitors the
welfare of the Greek Cypriots and Maronites in the north, as
well as that of the Turkish Cypriots in the south.
Throughout Cyprus, women generally have the same legal status
as men. In the north, legal provisions exist requiring equal
pay for men and women performing the sam.e job. In the south,
government workers receive equal pay for equal work, but no
such regulations apply to the private sector. Local custom
also has inhibited the full participation of women in public
life. Politics, for example, traditionally has been a male
preserve in Cyprus. Through changing attitudes, however,
women are gaining increasing political and social mobility.
CONDITIONS OF LABOR
The Cypriot Constitution provides that "every person has the
right to a decent existence." The basic document governing
the Turkish Cypriot community contains similar language.
There is extensive legislation guaranteeing acceptable
conditions for workers with respect to minimum wages, hours of
work, and occupational safety and health. The minimum age for
the employment of children in an "industrial undertaking" is
set at age 14. These laws are enforced throughout Cyprus.
881
CZECHOSLOVAKIA
The Czechoslovak Socialist Republic is a totalitarian state in
which the Communist party leadership decides all important
political, economic, and social questions and sharply limits
the scope of individual human rights. Until 1987 there had
been no significant change in the leadership of the party
since the purges following the Soviet invasion of 1968. In
December 1987, however, Gustav Husak resigned as General
Secretary of the Czechoslovak Communist Party, although he
remains President of the Czechoslovak Socialist Republic.
Presidium member Milos Jakes succeeded Husak as General
Secretary.
Czechoslovakia has a large, well-funded internal security
establishment, directed by the Ministry of the Interior and
the party hierarchy. It includes uniformed police (public
security) who are similar to Western police forces, and the
secret police (State Security), who deal with those they judge
to be past, present, or future opponents of the regime. This
powerful internal security force — backed by the Czechoslovak
army and the 80,000 Soviet troops stationed in the country
since 1968 — is the main pillar of the party's control.
Czechoslovakia's centrally planned economy allows very limited
private enterprise or ownership in manufacturing, retail
operations, agriculture, or services. In recent years, the
economy, characterized by excessive central planning, obsolete
equipment and infrastructure, and an almost complete lack of
incentives for innovation and initiative, has become less
competitive on world markets. Party leaders have admitted to
problems with the economy and proclaimed a policy of
"restructuring the economic mechanism" in order to improve
efficiency while maintaining centralized control.
Although the Constitution provides for freedoms of speech,
press, assembly, and religion, these provisions are not
generally implemented. Independent associations are not
legally permitted in Czechoslovakia; all labor unions,
professional associations, and even amateur groups are
controlled by the Communist Party and subordinated to it.
The basic human rights situation in Czechoslovakia showed a
slight improvement in 1987: there were fewer arrests, fewer
trials resulting in prison sentences, and some signs of
greater official toleration for independently organized
activities. Significant human rights trials of 1987 included
those of the leadership of the Jazz Section of the Musicians
Union and of the Wonka brothers. Harsh repression continues
to be directed at religious activists and at those persons and
groups, such as signatories of Charter 77 and members of the
Committee for the Defense of the Unjustly Persecuted (VONS) ,
who monitor human rights abuses in Czechoslovakia.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings by the police in
1987. In the course of trying to prevent Czechoslovak citizens
from fleeing to the West, border guards in recent years have
caused a number of casualties, including fatalities. It is
not known if any such incidents occurred in 1987.
882
CZECHOSLOVAKIA
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Deqrading
Treatment or Punishment
The Government does not appear to practice a systematic
program of torture. In a collection of articles published in
1987 by the independent human rights group Charter 77,
however, current and former prisoners in Czechoslovak jails
reported instances of cruel and degrading treatment during the
past 10 years. In addition, there are reports tnat the Wonka
brothers were severely beaten during their extended detention.
Jiri Wolf also appear to have received several arbitrary
administrative punishments and was subjected to threats by
prison authorities. Karel Srp, chairman of the L^azz Section
of the Musicians Union, v.-as held incommunicado for several
weeks. All reportedly are in very poor health as a result of
their prison experiences. Wolf remains in prison, but Srp was
released on January 1, 1988.
Generally, prison conditions are poor and sometimes approach
the level of cruel and inhuman treatment. This is especially
true under the "third category" of imprisonment (the harshest
regime). In general, cells are small and unheated, family
visits are strictly limited, and prisoners report such
punishments as reduction in pay and limitations on free time,
bathing, and exercise perioos if they fail to meet
unrealistically high work standards. Informed sources report
that prisoners are assigned unpleasant and hazarJous wck
which normal workers refuse to perform. Inmates are
occasionally given such health-threatening assignments as
polishing crystal and costume jewelry in environments lacking
sufficient ventilation to prevent glass fragments and chemicals
from being inhaled. Sanitary facilities, diet, and medical
facilities are reliably reported to be deficient. Former
prisoners have reported that prison guards sometimes encourage
hardened criminals to prey on persons serving sentences for
political offenses. Prisoners or former prisoners who complain
publicly of mistreatment have been severely punished, sometimes
being tried and sentenced anew for "offenses" deriving from
this activity.
In its July 1983 meeting, the World Psychiatric Association
accused Czechoslovakia of misusing psychiatry for political
purposes. Czechoslovakia thereupon resigned its membership in
the organization. In the absence of confirmed instances of
such practice, there is no consensus among independent
observers on the issue of psychiatric abuse.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Czechoslovak citizens are frequently arrested, detained, or
subjected to searches and interrogations for the expression of
personal views contrary to those of the regime. Judicial and
police authorities often explain such actions in legal terms
and perform them with warrants. They have also arrested and
detained citizens without warrants. Under the law, a person
may be detained for up to 48 hours without being charged,
although in practice this limit has not always been strictly
observed. Searches, detentions, and frequent interrogations
are among the tactics used by the regime when it has decided
to harass rather than to prosecute.
883
CZECHOSLOVAKIA
According to law, a detainee may be held in investigative
detention for 60 days if the authorities decide to press
charges. A detainee lacks the right to have visits by family
members until after his or her trial is over. Investigative
detention may be, and often is, extended beyond 60 days at the
request of the prosecution, and detainees are occasionally
held for long periods without being brought to trial. For
example, Jan Dus, an evangelical minister without state
license and a Charter 77 signatory, was arrested on May 20,
1986 and held without trial until June 9, 1987. Jiri and
Pavel Wonka (see Section 3) were held for a full year before
their trial.
Persons arrested for expressing personal views that take issue
with the regime's official position generally are charged with
"subversion," "incitement," "defamation of the Republic," or
"damaging the interests of the Republic abroad." Czechoslovak
citizens who have unauthorized contacts with foreign diplomats
or who frequent embassies and their libraries have sometimes
been charged with "espionage." Those arrested for religious
activities usually are charged with "obstructing state
supervision over churches and religious societies." Many
articles of the criminal code are sufficiently elastic to
encompass almost any activity. In certain instances, the
authorities have also resorted to arbitrary or trumped-up
criminal charges (e.g., "hooliganism" or "stealing Socialist
property") to punish those whose real offense was to engage in
unauthorized political or cultural activity.
The Czechoslovak authorities do not formally impose internal
exile or house arrest. In 1984, for the first time, the
Government introduced a regime of "protective supervision,"
which combines features of both. A former political prisoner
currently subjected to this regime is Petr Cibulka. Protective
supervision includes travel restrictions, curfews, frequent
searches of persons, homes, and guests, and the obligation to
report regularly to the police. The imposition of such a
regime, intended for habitually violent offenders, against
persons who have never committed or advocated an act of
violence sharply curtails their freedom of movement and
isolates them from contact with the outside world.
In the past, the Government has turned to forced exile in
order to rid itself of critics. In numerous cases, people
working or visiting abroad with official permission have been
stripped of their citizenship and refused the right to return.
The authorities at times have exerted heavy pressure on those
who have already served a jail sentence to emigrate. If they
refuse, they and their families may suffer harassment, denial
of jobs and schooling, and the threat of rearrest. Frequently,
after a year or more of this treatment, these ex-prisoners
apply for emigration passports.
Forced labor does not exist in Czechoslovakia, but "work
education" is required of prisoners. Former prisoners report
that convicts face higher norms (quotas), lower pay, and
poorer working conditions than do ordinary workers.
e. Denial of Fair Public Trial
According to Czechoslovak law, people charged with criminal
offenses are entitled to fair and open public trials. The law
provides that accused persons have a right to be informed
concerning the charges against them, to retain counsel, and to
present a defense. In practice, however, the exercise of
884
CZECHOSLOVAKIA
these riqhts may be reduced to a mere formality, especially
where political offenses are concerned.
Defendants may either choose their own lawyers or request
court-appointed lawyers. However, lawyers, like judges, are
subject to direct and indirect pressures from political
authorities, and they do not always vigorously represent their
clients. Defense attorneys who have defended their clients
with vigor have in some cases been disbarred and even
prosecuted. Defendants may exercise their right to defend
themselves in court and occasionally succeed in having charges
dismissed or reduced at the original trial. Thereafter, the
prosecution may file an appeal which may result in an increase
in the sentence or in additional cliarges.
In 1987 trials with political content were more open to
attendance by friends of defendants, press representatives,
and diplomats than in previous years. (See discussion of the
Jazz Section trial in Section 2.b. belov/.)
The judiciary is not independent of the regime and the
Communist Party. In theory, judges can be removed only by the
Federal Assembly (parliament) or by the Czech or Slovak
National Councils. In practice, they are subject to direct
control and supervision by the party, to which most judges and
ambitious lawyers belong.
The number of political prisoners in Czechoslovakia is
difficult to estimate. The Government does not release
figures on its prison population and does not recognize
political prisoners as a separate category. The only figures
available are those from the Committee for the Defense of the
Unjustly Persecuted (VONS) , which to the best ot its ability
documents individual cases. By VONS ' account, there are at
least 15 political prisonerr at this time. However, VONS does
not monitor certain categories of political prisoners, such as
those sentenced for attempts to leave Czechoslovakia without
official permission. The nomber of such prisoneis--most of
whom serve terms of 1 to 2 years--has been variously estimated
at between POO and 800.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government often monitors and controls the leisure-time
activities of citizens whom it suspects of engaging in
antiregi.me ot independent activity. Ccnsequert ]y , it also
interferes with privacy of communications.
Those who are considered opponents of the regime bear the
brunt of heavily intrusive surveillance. They, their
families, and their friends are subjected routinely to such
measures as electronic surveillance, tapping of telephones,
and interception and destruction of mail. Discrimination in
employm.ent is a regular aspr.ct of the harassment and
persecution of families of dissidents and religious
activists, Feai that their children may be denied higher
education is a major factor in preventing open dissent among
intellectuals and white-collar workers.
A special problem exists for religious believers who wish to
raise their children in their faith. Organization of religious
instruction or of ceremonie^j in private homes is forbidden.
Parents must obtain the permission of local authorities if
their children are to receive religious education at school.
885
CZECHOSLOVAKIA
School authorities warn parents that participation in religious
classes could be damaging to a child's education and career
prospects.
The Government discourages contacts with persons and
organizations in the West and receipt of information from the
West. It also requires persons in a variety of professions to
file a report each time they have a conversation with a
Westerner. Broadcasts of Radio Free Europe in Czech and
Slovak are jammed in Prague and in other major cities,
although they often can be heard in rural areas. Other
Western radio broadcasts are not jammed. Many people who live
near the country's western or southern borders can receive
West German or Austrian television broadcasts.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution provides for freedom of speech and
freedom of the press, it states that these freedoms must be
exercised "in accordance v;ith the interests of the working
class." In effect, persons may not ordinarily voice opinions
publicly that differ from party policy or that question the
legitimacy of party rule, the fundamental principles of the
"Socialist" State, or the regime's relationship with the
Soviet Union. Likewise, political directives severely limit
academic freedom. While there is some limited evidence that,
in the light of recent Soviet examples, the Czechoslovak
authorities may be allowing marginally greater freedom of
expression in some instances, no pattern has yet emerged.
All newspapers and magazines are published and controlled by
political parties or mass organizations of the National Front
(e.g., the Youth League, Revolutionary Trade Union Movement,
or Sports Federation) . These in turn are controlled by the
Communist Party. Legally published religious literature and
periodicals are subject to strict censorship and are available
only in limited editions. Publishing houses and the news
media, all state owned, employ self-censorship under Communist
Party guidelines. Editors who are insufficiently vigilant
suffer fines or dismissal. Writers who wish to publish must
belong to the state-controlled Union of Writers.
Only a limited number of Western non-Communist periodicals are
imported, and these are usually beyond the reach of ordinary
citizens. Since the early 1970's, libraries have restricted
access to Western publications of a political character to
those persons who have obtained special permission from their
employers or their universities, documenting their need for
the material for official purposes. Periodicals such as Time
and Newsweek are locked in cabinets controlled by special
personnel. Books and periodicals published during the 1968-69
period, or other publications considered ideologically
"harmful," are subject to similar controls.
The Interior Ministry controls printing and photocopying
equipment, except typewriters, which cannot be obtained
legally by private citizens. Despite these restrictions, a
lively underground samizdat (self-published) press publishes a
variety of fiction and nonfiction, usually in very small
editions. A group of Charter 77 signatories regularly
publishes a newsletter entitled Informace o Charte 77
(Information about the Charter), which carries Charter
documents and VONS communiques reporting human rights
886
CZECHOSLOVAKIA
violations. Some samizdat literature is sent abroad, where it
is reprinted in emigre publishing houses and then brought back
to Czechoslovakia in large editions. Persons prosecuted for
exercising their right to free speech or for engaging ^n
independent publishing activities in 1987 included Ervin Motl,
who received a 3-year sentence for discussing and criticizing
internal conditions; Jiri Bohac, a 2 1/2-year sentence for
verbal attacks and hostility toward the Socialist system;
Michal Mrtvy, a 13-month suspended sentence for producing and
distributing religious material; and the leadership of the
Jazz Section, whose case is discussed below.
b. Freedom of Peaceful Assembly and Association
Although the Constitution theoretically grants freedom of
assembly, that freedom is severely limited in practice.
Generally, public meetings may be held only with the
permission of the police, and this permission depends upon
whether or not the proposed meeting supports state
objectives. When the authorities wish to have a large rally
(May Day or "peace" demonstrations), they exert pressure on
people to attend.
Ir. 1987 Czechoslovak authorities permitted the public
observance of the 50th anniversary of the death of Thomas G.
Masaryk, President of the first Czechoslovak Republic, in an
event organized at Masaryk's grave-site by signatories of
Charter 77. Dozens of Czechoslovak citizens attended the
ceremony which transpired without incident. Several
independent art exhibits also occurred in 1987 without
official interference, although others were prevented. The
authorities may also interfere with lectures and film showings
in private homes if they object to the subject matter or the
participants. In February Czechoslovak authorities prevented
several Charter 77 signatories from meeting with American
officials. However, more recently, Czechoslovak citizens,
including Charter personalities, have been able to meet
unhindered with visiting foreign dignitaries.
The Government does not permit spontaneous independent
associations. Its unwillingness to tolerate independent
initiatives is seen in its treatment of the Jazz Section of
the Musicians Union. This once legally constituted
association of 7,000 jazz fans throughout Czechoslovakia
formerly organized jar.z festivals and sponsored publications
on music and the arts for its members. In March 1985, the
Jazz Section was dissolved under a 1968 statute banning
"counterrevolutionary activity." Leaders of the Section
protested and addressed a series of letters and petitions to
the authorities. Their actions brought down upon them
surveillance, interrogations, loss of employment, and other
forms of harassment. Because of its international status as a
member of the UNESCO-af filleted International Jazz Federation
and because of growing Western public attention to its
struggle, the Jazz Section was able to continue operating for
a t i me .
In September 1986, police raided the Jazz Section's offices
and its leaders' apartments and places of employment and
confiscated approximately 800 books, several hundred magazines,
and the Section's records. They arrested seven members of the
Jazz Section, including its leadership, and charged them with
"unauthorized enterprising." In March five members of the
leadership were tried, convicted, and sentenced to up to 16
887
CZECHOSLOVAKIA
months' imprisonment. Jazz Section Chairman Karel Srp was
released on January 1, 1988.
In May 1987, the founding committee of a proposed organization
to be named the Society of Friends with the United States
submitted a request for approval of its bylaws to the Ministry
of Interior. The organization was to be a voluntary, social
association within the framework of the National Front, and
dedicated to developing friendship, trust, and understanding
between Czechoslovakia and the United States. In June the
Ministry rejected the request, but its decision has been
appealed.
Czechoslovak workers do not have the right to establish and
join organizations of their own choosing without previous
authorization. An attempt to establish an independent trade
union in the early 1980's was suppressed. Membership in
official trade unions or professional associations is
virtually obligatory for workers and for those seeking to
practice a profession. Communist Party membership is an
unwritten but commonly acknowledged prerequisite for nearly
all higher-level jobs.
The Czechoslovak labor union umbrella organization, the
Revolutionary Workers' Movement (ROH) , is a mass organization
strictly controlled by the Communist Party. Strikes,
independent organizing efforts, and collective bargaining are
not permitted under the Czechoslovak system. The ROH is
affiliated with the World Federation of Trade Unions, whose
headquarters are in Prague.
The Constitution ensures the right and duty to work. In
practice, persons considered politically unreliable are barred
from professional positions and forced into menial, low-paid
jobs such as coal stokers and nightwatchmen. The International
Labor Organization has condemned this practice.
c. Freedom of Religion
"Scientific atheism" is part of the official ideology, and
freedom of religion, provided for in the Constitution, is
strictly limited in practice. The regime actively discourages
all religious activity, especially among the young, and in
general denies higher education to active believers and to
their children. Teachers, policemen. Communist Party
officials, and members of certain other professions encounter
problems in their careers if they are seen in church.
The Government exercises strict control over all religious
affairs. A church must be registered officially in order to
function legally in Czechoslovakia. Groups which proselytize,
such as Jehovah's Witnesses and Mormons, are banned outright,
and their members suffer frequent harassment and arrest.
Jehovah's Witnesses have been reported in several prisons, but
there is no reliable estimate of their number.
Organized religious practice is hampered by both written and
unwritten restrictions. Clergymen are paid by the State and
must receive a state license in order to practice. Such
licenses can be--and are--withdrawn without explanation.
Estimates of the number of clergymen who have lost their
licenses vary, but they are knov/n to include several bishops.
Those who continue to practice despite revocation of their
licenses are liable to criminal prosecution. During 1987 at
least two priests were tried for obstructing state supervision
80-779 0-88-29
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CZECHOSLOVAKIA
of churches and religious societies. One, 80-year-old
Ladislav Hanus, was sentenced to 1 year in prison (suspended)
for hearing a confession without a state license. A second
priest, 62-year-old Stefan Javorsky, was sentenced to 8
months' imprisonment for celebrating a mass in a private home.
The printing of religious literature is severely restricted,
and Bibles are in short supply. The demand for religious
literature exceeds the supply, and Bibles and other pieces of
religious literature are smuggled in from abroad and produced
by underground samizdat (self-published) methods. Samizdat
and other unofficial efforts to increase the supply of
religious materials are illegal. Frantisek Adamik and Michal
Mrtvy, religious activists, received suspended sentences of 14
and 13 months, respectively, for producing and distributing
religious literature.
The Czechoslovak authorities do not facilitate travel by
religious officials to and from Czechoslovakia unless the
proposed visit serves the purpose of the State. In the case
of the Catholic Church, the Government has followed an
extremely restrictive policy. Pope John Paul II has not been
permitted to visit Czechoslovakia, despite an invitation from
Cardinal Tomasek and petitions signed by thousands of Czech
and Slovak Catholics. Catholic priests and other religious
leaders are frequently denied permission to travel outside the
country. In October the Vatican drew public attention to
Czechoslovak oppression of the Catholic Church and criticized
the Government's refusal to issue exit permission to two
persons. Bishop Hirka of Presov and lay delegate Dr. Silveste
Krumery, who had been invited to attend the Synod of Bishops.
Nonetheless, Cardinal Tomasek was allowed to travel alone to
Rome for the Synod. Unofficial or unsanctioned travel by
religious groups for purposes the Government considers
i llegal--e .g . , importing religious literature or objects,
conducting religious training, and similar activities--is
severely punished.
For many years, no proposed construction of new Catholic
churches has been approved. However, some Protestant
congregations--including Baptists — have been allowed to build
new churches.
The Roman Catholic Church is the largest of Czechoslovakia's
18 officially registered religious bodies. There are an
estimated 8 to 11 million Roman Catholics in the country, and
up to 450,000 members of the affiliated Greek Catholic
(Uniate) Church. The Greek Catholic Church was reestablished
in 1968 after having been forcibly united with the much
smaller Orthodox Church in 1950. However, the Greek Catholics
have been unable to reclaim their property, which remains in
the possession of the Orthodox Church.
Students in Czechoslovakia's 2 remaining Catholic seminaries
(out of a prewar total of 13) need state approval to be
admitted and ordained. In addition, the State must approve
each priest's assignment to a parish or higher office.
Consequently, many priests have to cover more than one parish,
and only 3 of 13 dioceses have resident bishops.
In 1950 all male religious orders were dissolved. A few
female religious orders were allowed to continue functioning,
but they were prevented from accepting new members, except
during a brief interlude in 1968. Despite these limitations,
some Catholic monastic orders have continued to operate
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CZECHOSLOVAKIA
clandestinely, with members making occasional public
appearances .
In Slovakia there were three Catholic pilgrimages in 1987 in
which several hundred thousand people took part with no
substantial police interference. Mother Theresa from India
visited the Shrine at Sastin and addressed the crowd.
"Pacem in Terris," the state-sponsored "peace association" of
Catholic clergy, founded by the State in 1970, has been a
major instrument of state control over the Catholic Church.
The association has been losing ground since 1982 when the
Vatican banned clerical participation in political
organizations worldwide. Although Cardinal Tomasek and the
overwhelming majority of Catholic clergy in Czechoslovakia
have disassociated themselves from "Pacem in Terris," priests
associated with the organization have retained control of
Katolicke Noviny (Catholic News), the only legally published
Catholic newspaper. The Pope refused to receive an ad limina
(quinquennial) visit from a bishop active in "Pacem in Terris."
Protestant denominations registered by the Government operate
under constraints similar to those for the Catholic Church.
Proselytizing is forbidden; religious education is strictly
regulated and may not be organized in private homes; religious
ceremonies are restricted for the most part to church
premises; and education of clergymen is closely controlled.
Clergymen who become popular with young people or associated
with Charter 77 soon find themselves barred from preaching.
Two Jewish community councils, one in the Czech lands and the
other in Slovakia, serve the Jewish community of several
thousand. These councils are central religious organizations
financially supported and controlled by the Government. There
are synagogues and prayer houses open for worship and two
rabbis, one in Prague and one in Kosice. In Prague there is a
Jewish museum operated by the State. There are no Jewish
schools or rabbinical seminaries.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
For most Czechoslovaks, freedom of movement within the country
is not restricted, except near military installations and
along the borders with Austria and the Federal Republic of
Germany. However, the Government has increasingly restricted
the movements of Charter 77 activists and other "suspect"
persons .
Persons wishing to travel to Western countries must obtain
permission and, unless they are visiting close relatives, a
hard currency authorization. The number of such authorizations
issued each year is far below demand. The Government
announced in November, however, that citizens who have someone
in the West willing to sponsor them financially will in the
future be exempt from the requirement to secure a hard
currency authorization, although they must still obtain
official permission to travel. Travelers to the West usually
must leave some member of their immediate families at home as
a hostage to ensure their return. These restrictions often
are relaxed for retired persons.
Travel by citizens of Czechoslovakia to other East European
countries also is regulated. A special passport is required
for trips to Yugoslavia, and travel to Poland has been
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CZECHOSLOVAKIA
restricted since 1981. Travel to Hungary has been made more
difficult by limiting the amount of currency which may be
exchanged and the number of trips which may be made in 1 year.
Citizens deemed politically unreliable may be denied
permission to travel to either Eastern or Western Europe.
The right to emigrate is extremely limited. In general, only
those wishing to join a foreign citizen spouse, or, in the
case of retired persons, foreign citizen children abroad, have
this right. Those caught while seeking to leave Czechoslovakia
without official permission may be sentenced to between 6
months and 5 years in prison.
Czechoslovakia in the past has denied the right of repatriation
by stripping the citizenship from those citizens it wished to
keep out. Emigration passports are not valid for return
without special endorsement, and in some cases permanent exile
is a condition for emigration or study abroad.
There is a moderate outflow of persons from Czechoslovakia,
primarily persons who leave the country legally on vacation to
non-Warsaw Pact countries and do not return. This may amount
to about 10,000 persons annually, but precise statistics are
unavailable.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change the system of
government. The Communist Party leadership makes all
significant decisions regarding government, the economy, and
social affairs. It determines who will be placed in
decisionmaking positions not only within its own ranks but
also throughout the Government, the economy, the media, and
mass organizations. Real power is exercised by only a few
top-level officials in the party Presidium and Secretariat.
Ordinary citizens, especially those who are not party members,
have no role in selecting their leaders or in participating in
political or economic decisions. Four minor political parties
are permitted to exist and publish their own newspapers, but
they must conform strictly to Communist Party directives. All
parties and mass organizations are incorporated in the National
Front, which is completely controlled by the Communist Party.
Among its tasks is the nomination of a single slate of
candidates to stand unopposed at all elections.
Czechoslovak citizen Pavel Wonka is currently serving a
21-month prison sentence for distributing an independent
election ballot for the May 1986 election to the Federal
Assembly. Wonka had hoped to present himself as an
independent candidate in the elections. The authorities
convicted him on charges of subversion.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government reacts negatively to expressions of concern
about human rights violations in Czechoslovakia either by
other governments or by nongovernmental institutions.
Officials have spoken candidly with U.S. officials, however,
about the Czechoslovak Government's interpretation of human
rights and of the limits which it contends must exist to
provide adequate protection for society. During 1987
891
CZECHOSLOVAKIA
representatives of the Helsinki Watch Committee and Amnesty
International were permitted to travel to Czechoslovakia.
Two groups within Czechoslovakia concern themselves with human
riyhts. One is Charter 77, a group of persons who signed a
document, first made public in January 1977, calling on the
Government to honor its commitments to international
agreements on human rights, including the Final Act of the
Conference on Security and Cooperation in Europe, as well as
human rights provisions in the Czechoslovak Constitution. The
second group, the Committee for the Defense of the Unjustly
Persecuted, uses public records and reports from friends and
relatives of the accused to issue communiques in cases where
it believes the police, the courts, or the prisons have abused
citizens' civil rights. These communiques are distributed to
the Czechoslovak authorities. Members of both these groups
are targets for harassment by the regime.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Health care, educational, retirement, and other services are
provided without regard to race or sex. Membership in the
CoiTimunist Party confers special access to goods and services
(including education, medical services, and consumer items),
and party officials receive particularly favorable treatment.
Women are equal under the law, and there are small numbers of
women in the professions. However, female representation is
very low in higher-ranking party, government, and managerial
positions. There is one woman in the party Secretariat, and
she holds her position by virtue of being Chairman of the
Woman's Union. There are no female ministers or ambassadors.
Women comprise 46.5 percent of the work force, but they tend
to be concentrated in lower-paying, less skilled jobs. In
nonagricultural activities, women's average wages amounted in
1985 to 68.4 percent of those ot men. Women do, however,
receive pay equal to that of their male colleagues if they
hold the same job.
Czechoslovakia has two major nationalities--Czechs and
Slovaks--and two substantial minorities--Hungarians and
Gypsies. Czechoslovakia provides certain guarantees for
minorities, but interethnic relations are still colored by
historic animosities. Hungarians, who are concentrated in
southern Slovakia, form the country's largest minority
(555,000, according to official statistics). They are
represented proportionately in Federal and local legislative
bodies but are under represented in high-level jobs in
industry, government, and the party apparatus. The State
provides some primary and secondary education in Hungarian and
permits a limited number of ethnic Hungarians to pursue higher
education in Hungary. Ethnic Hungarians complain, however,
that Hungarian-language instruction at the elementary and
secondary levels is being reduced, and that the lack of
opportunities for higher education in Hungarian is creating a
growing shortage of qualified Hungarian-language teachers.
Gypsies, who number about 250,000, are the only other sizable
minority. They tend to suffer from disproportionately high
rates of poverty, crime, and disease. Their problems appear
to result as much from tradition and popular prejudice as from
government policies. Nonetheless, a Gypsy has attained the
rank of general in the armed forces and is currently on active
duty.
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CZECHOSLOVAKIA
Approximately 30,000 Vietnamese laborers are temporarily
working and residing in Czechoslovakia. Reportedly, they are
allowed to retain two-thirds of their salary. The remainder
is shared by the Czechoslovak and Vietnamese Governments.
CONDITIONS OF LABOR
The minimum age for full-time employment is 16, although
younger persons may accept part-time employment. The average
workweek is 42.5 hours. Beyond 45 hours, workers are paid
overtime, and there are additional bonuses for some shift and
weekend work. The retirement age is 57 years for women and 60
years for men. The average pension is 55 percent of the
average wage, and many retirees supplement their pension
payments by working.
There is a nominal labor shortage induced by low productivity
and the underutilization of resources. The need for unskilled
and semiskilled labor is filled in part by workers from other
Communist countries.
Working conditions appear generally acceptable, although far
less attention is paid to occupational safety and the problem
of environmental pollution than in the West. When employee-
management problems arise, workers have little recourse, since
strikes and independent labor organizations are prohibited and
the major preoccupation of the state-controlled labor union is
to ensure that production plans are fulfilled.
893
DENMARK
Denmark is a constitutional monarchy with a strongly
established tradition of democratic parliamentary rule. The
reigning monarch is Queen Margrethe II. A cabinet headed by
the Prime Minister and accountable to the unicameral Folketing
(parliament) has responsibility for government decisions.
Since late 1982, Denmark has been governed by a four-party
minority coalition led by Prime Minister Schlueter's
Conservative Party. The coalition is dependent on support
from other parties to maintain a parliamentary majority.
The Danes have a free market economy with an extensive system
of welfare protection for all citizens.
Human rights are highly respected and well protected in
Denmark, both in principle and in practice. The Constitution
established the Folketing 's Ombudsman, to whom any citizen may
protest if he or she feels wrongly or unreasonably treated by
any Danish national or municipal authority. Denmark also has
a high degree of concern for the rights of minorities,
particularly the indigenous populations of territories such as
Greenland and Faroe Islands, which now enjoy broad powers of
home rule. At the global level, Denmark participates actively
in several international commissions concerned with the
protection and preservation of human rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no politically motivated killings.
b. Disappearance
Abductions, secret arrests, and clandestine detentions did not
occur .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Protection against torture and inhuman treatment is assured by
law and respected in practice. A rehabilitation and research
center for torture victims established in 1983 in Copenhagen
treats patients in the refugee community. An estimated 150
foreign torture victims obtain asylum yearly.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
No person in Denmark can be deprived of personal liberty
without due process of law. Arrested persons must be brought
before a judge within 24 hours of detention. The judge has
the authority to determine whether the person should be held
in custody or released pending trial. The Constitution makes
provision for bail. Arrested persons have access to legal
counsel of their choice or court-appointed attorneys.
Non-Danish speakers are provided with interpreters at
government expense. The occasional use of solitary
confinement during the pretrial custody period has been
criticized in the media, but police authorities maintain that
the isolation system continues to be used only in cases
involving the most serious crimes, such as narcotics
violations .
894
DENMARK
Forced or compulsory labor is prohibited.
e. Denial of Fair Public Trial
Trials are generally public; judges are allowed to make
exceptions to this rule only in certain circumstances, such as
paternity and divorce trials. In criminal cases, trials are
only closed when it is necessary to protect the privacy of the
victim, such as in rape or child molestation cases, or when it
is deemed necessary to protect the identity of a witness. To
ensure a fair trial, Danish courts make extensive efforts to
obtain the facts of a case, and the rights of the accused are
carefully protected. All indigent defendants have the right
to a court-appointed attorney at government expense. The
defendant is free to change the court-appointed attorney.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the Constitution, searches of the home, seizure and
examination of papers, and breaches of the secrecy of
communications are prohibited in the absence of a judicial
order, unless a particular exception is provided for by
statute. These provisions are respected in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Denmark has a free and open society. A person may express an
opinion in written or oral form on any matter, subject to the
condition that he or she may be held responsible in a court of
law if there are charges of libel or malicious slander. Media
representatives and private persons make full use of the
freedom of expression. Criticism of the Government or
government policy is not a punishable offense, and censorship
is not practiced.
b. Freedom of Peaceful Assembly and Association
Danish residents are free to assemble and form associations
for any lawful purpose. Police are entitled to be present at
public meetings or demonstrations which could constitute a
danger to the public peace.
Under the general agreement of 1960, workers and employers
acknowledged each other's right to organize. Workers have the
right to strike and bargain collectively. Labor agreements
and legislation protect the rights of workers and employers
and regulate the work environment. Approximately 85 percent
of Danish wage earners are members of trade unions.
c. Freedom of Religion
Under the Constitution, the Evangelical Lutheran Church is
recognized as the established church of Denmark. However,
religious freedom is guaranteed to all residents. No one may
be discriminated against because of religious beliefs. These
laws are strictly enforced in practice.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Danes have complete freedom to travel and to reenter Denmark.
Denmark is a homogeneous ethnocentric society with
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DENMARK
historically only a small number of nonnorthern European
residents. However, these non-Danish residents have been
accorded a high level of acceptance. Refugees and asylum
seekers are provided with travel documents, when needed, which
permit return to Denmark. Forced repatriation is not utilized.
The Alien Act of 1983 spells out in detail the rights of
aliens in Denmark and provides for appeal procedures when
residence permission is denied.
Since 1983 there has been a massive influx of asylum seekers.
Over 20,000 people have asked for asylum (mostly Sri Lankan
Tamils, Iranians, and Lebanese). Measures designed to protect
the rights of potential refugees or asylum seekers include the
establishment of a Refugee Board with authority to reverse
decisions of the Alien Directorate and guaranteed access to
legal counsel and interpreter service.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Prime Minister is appointed by the reigning monarch after
consultation with the political parties represented in the
Folketing. The 179 members of the Folketing are elected in
free and open elections under a complex system of proportional
representation designed to protect the rights of minority
parties and to reflect the popular vote. Every Danish citizen
18 years or over may vote. A political party must obtain at
least 2 percent of the total vote to obtain representation in
the Folketing. Nine political parties with a variety of
political beliefs are currently represented. The Constitution
states that parliamentary elections must be held at least
every 4 years. The Government can be changed in an election
or, as happened in 1982, by the resignation of the government
in power and the formation of a new government composed of
parties already represented in the Folketing.
All Danish citizens and subjects are guaranteed equal
protection under the law. The territories of Greenland and
the Faroe Islands have home rule governments with broad powers
encom.passing all but foreign and security affairs. Native
Greenlanders enjoy all the rights and privileges of other
Danish citizens. In addition, Greenland and Faroe
representation in the national Folketing is proportionally
larger than that for continental Denmark, and Greenland has a
special criminal code designed for local customs and
conditions. Native Greenlanders freely participate in
international ethnic organizations such as the Inuit
Circumpolar Conference, based in Greenland, which has been
recognized by the United Nations. Despite periodic
disagreements between home rule authorities and the
Government, there have been no formal accusations of human
rights violations made against the Government.
Section 4 Novernmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no complaints or requests for investigation of
human rights violations.
In September 1987, a Human Rights Center, mandated by the
Folketing, was established as a private, government-funded
institution to conduct research and provide information on a
broad range of human rights issues. Denmark is a party to
various international human rights conventions designed to
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DENMARK
promote and protect human rights. The Government's commitment
to human rights issues is fully supported by the Danish
population, as shown in opinion polls.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Food, shelter, health care, and education are available to all
inhabitants regardless of race, religion, sex, ethnic
background, or political opinion.
The growing number of ethnically dissimilar refugees who
require shelter, education, and public assistance has created
pressure on the Danish welfare system and contributed to a
rise in tensions between native Danes and refugee and
immigrant groups. Although some opposition politicians have
suggested that aliens be obliged to assimilate, Danish
political leaders emphasize the need for Danish tolerance of
the newcomers' culture and religion.
The living standards and educational levels of native
Greenlanders (Eskimos) are lower than those of other Danish
citizens, but they are improving steadily, in part because of
heavy spending on housing, health, and education programs by
the Government.
The Equal Rights Council has worked successfully to eliminate
laws and regulations which contained sex discrimination
provisions. In nonagricultural activities, women's average
wages in 1985 were about 84 percent of those of men. Women
hold positions of authority at all levels of society and
actively participate at all levels of the political process.
They are in positions of authority in political parties, local
governments, and in the national Government. Women head three
cabinet ministries and hold 28 seats in the Parliament.
CONDITIONS OF LABOR
There is no minimum wage, but the lowest wage level set in any
national labor negotiation is approximately the equivalent of
$6.40 per hour. Denmark is now taking steps to reduce the
standard workweek from 40 to 39 hours. The "11-hour rule"
stipulates that any worker has the right to rest for 11 hours
before the start of the next day's work.
The minimum age for the employment of children is 15, and
specific limitations described in detail in the Working
Environment Act of 1975 apply to the type of work which may be
performed by those between 15 and 18 years of age. This act
also describes acceptable conditions of work, including safety
and health; the general duties of employers, supervisors,
employees, and suppliers; the performance of work; rest
periods and rest days; and medical examinations. The act
establishes a Directorate of Labor Inspections which ensures
effective compliance with labor legislation.
897
ESTONIA
Estonia was an independent state between the two World Wars
but was annexed by the Soviet Union in 1940 as a constituent
republic of the U,S.S.R. The United States does not recognize
the forcible incorporation of Estonia into the U.S.S.R.
Like the other Baltic states, Estonia is subjected to the same
centralized rule, the same Constitution and judicial system,
and the same restrictions on civil and political liberties as
in the Soviet Union. Moreover, Soviet policy toward the
Estonian nation arouses great concern because the process of
Sovietization and Russianization threatens its survival as a
distinct echnic nation. Because of a low birthrate and an
official settlement policy that has resulted in an influx of
Slavic, primarily Russian, settlers in the recent past,
Estonians make up only 63 percent of the total population, as
compared to 92 percent in 1939.
The standard of living in Estonia is higher than the Soviet
average, but the margin is shrinking. Estonians resent the
fact that too much of the national income they generate is
transferred to other republics, and they complain of the
declining quantity and quality of food supplies and consumer
goods .
While the situation appears to have eased slightly during late
1986 and 1987, expressions of Estonian nationalist and
religious sentiment continue to meet with repression on the
part of the Soviet authorities. Under discussion are changes
in the Soviet legal code which would eliminate some laws and
regulations used to incarcerate or institutionalize political
activists. Even if these changes were instituted, however,
the regime would retain a number of legal tools of repression.
RESPECT FOR HUI4AN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
In past years, Estonian activists have died in Soviet custody,
but proof of direct official responsibility for their deaths
is seldom available.
b. Disappearance
There are no known instances in 1987 of permanent or prolonged
disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In Estonia, as throughout the Soviet Union, cruel and inhuman
treatment of prisoners occurs during both interrogations and
confinement in labor camps, prisons, or psychiatric hospitals.
Physical and psychological abuse of prisoners is common, as is
detention under extremely unhealtnful conditions.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Soviet laws are written and interpreted in so broad a manner
that persons may be arrested and convicted for trying to
exercise their basic human rights. During 1987 the number of
such arrests appeared to have decreased sharply, apparently in
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ESTONIA
keeping with Soviet Conununist Party General Secretary
Gorbachev's campaign for more "openness" in and
"democratization" of Soviet society. This campaign has
improved somewhat the ability of Estonians to express their
views and criticize the Government. However, one leading human
rights activist, Tiit Madison, was compelled to leave Estonia
and renounce his citizenship because of his activities.
Estonian activists Heiki Ahonen, Lagle Parek, and Arvo Pesti,
all sentenced to 5 years' imprisonment and 2 years of exile in
1983 for writing and signing open letters and appeals, were
among those freed under a series of U.S.S.R. Supreme Soviet
decrees, starting in February, which released a large number
of political prisoners convicted under "political" Articles 70
(anti-Soviet agitation and propaganda) and 190-1 (anti-Soviet
slander) of the Russian Soviet Federated Socialist Republic
Criminal Code. Also released was activist Jaan Korb.
e. Denial of Fair Public Trial
Despite provisions for judicial objectivity in both the
Estonian and Soviet Constitutions, the State completely
controls the judicial process and, in political cases,
arbitrarily decides the outcome of all trials to suit its
requirements. No rights of a defendant override the
compelling "interests of the State." A few Soviet public
figures spoke out in 1987 for strengthening the rights of
defendants in Soviet trials, but it is as yet unclear whether
or how such reforms might be implemented.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government interference in personal life is pervasive through
the use of informers, mail censorship and confiscation,
electronic monitoring of telephones, and other means. Contacts
between Estonians and visitors from foreign countries continue
to be discouraged, and those who engage in such contacts are
often subject to harassment by the authorities. Nonetheless,
interference with mail and telephonic communications appears
to have diminished slightly during the past year.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for most internationally accepted
political liberties on condition that their exercise does not
threaten the security of the Socialist system. In practice,
the authorities rarely tolerate dissident behavior of any
kind. While Gorbachev's "glasnost"" (openness) campaign has
expanded the ability of official and unofficial writers to
explore heretofore taboo subjects and to spotlight economic
and social problems, these opportunities are still subject to
controls, and their limits have not been stabilized or defined.
A new press law is being drafted. No questioning of Estonia's
status as a Soviet republic or of the Communist Party's
monopoly of power is permitted, and while subjects such as
environmental damage are discussed more openly, they are still
subject to self-censorship. All Estonian newspapers,
magazines, journals, and books remain firmly under the control
of the Communist Party, which, in the final analysis, decides
what shall and shall not be published.
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ESTONIA
b. Freedom of Peaceful Assembly and Association
The peaceful assembly of citizens is subject to unpredictable
levels of harassment and repression. On August 23, several
thousand Estonians took part in an unprecedented unofficial
march in Tallinn to bring pressure on the Soviet Government to
renounce the signing in 1939 of the Molotov-Ribbentrop
Non-Aggression Pact between Nazi Germany and the Soviet Union,
which became the basis for the Soviet occupation and
annexation of Estonia. While the authorities did not
interfere with the demonstration, they strongly denounced it
in the press and accused Western radio stations of instigating
it. Some of the demonstrators were briefly detained.
The Constitution provides for the right to associate in public
organizations, but this right has been limited by legislation
and regime policy. During the past year, unofficial groups
have been tolerated, but some harassment has occurred, and
their status remains insecure. The regime continues to
exercise control over the official mass organizations.
Soviet labor law and practice are enforced in Estonia.
Although the Constitution grants all Soviet citizens the right
to form trade unions, any efforts by workers to exercise this
right, independently of the state-controlled unions, are
repressed brutally. Past efforts to call strikes at state
enterprises have been denounced by local authorities.
c. Freedom of Religion
Although the Soviet Constitution provides for the right to
profess, or not to profess, any religion, both the Party and
Government promote atheism while at best barely tolerating
organized religion. Lutheran and other pastors are often
called in for questioning in an attempt to intimidate them and
reduce their authority and activities. The authorities engage
in constant efforts to harass and suppress numerous
unregistered Baptist, Pentecostalist , and other religious
groups throughout Estonia. In general, the policies of
"glasnost*" and "perestroyka" (restructuring) have benefited
religious believers less than other social groups.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement is neither guaranteed by law nor respected
in practice. The right to emigrate by choice is not recognized
by Soviet law. Travel abroad for family reunification or
family visits is limited by restrictive legislation and
arbitrary enforcement. Over the past few years, several
Estonians have been imprisoned for allegedly "attempting to
leave the Soviet Union." Many Soviet Jews repeatedly have
been denied permission to emigrate, and the vast majority of
Estonians are not even allowed to apply. Nonetheless, the
dramatic, albeit limited, upsurge in Soviet Jewish emigration
affected Jews in Estonia as well. The number of Estonians
allowed to visit relatives in the United States, and the
number of United States citizens formerly residing in Estonia
who were allowed to return as visitors, rose in 1987. At
least one Estonian activist, former political prisoner Tiit
Madison, was compelled to depart Estonia for the West.
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ESTONIA
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.
Citizens of Estonia, like those of the Soviet Union, are not
free to change the system of government. Soviet authorities
strictly forbid all political activity outside the framework
of the Communist Party.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Soviet Government in late 1986 and 1987 repeatedly
expressed its readiness to discuss human rights issues, a
change from previous practice, and created an Administration
for Humanitarian and Cultural Ties in the Foreign Ministry.
Nonetheless, the Government's attitude towards investigation
of the human rights situation in Estonia remained basically
negative, as demonstrated by the continued imprisonment under
harsh conditions of Helsinki monitor Mart Niklus.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination on the basis of race, sex, or other grounds is
prohibited in the Constitution. Tensions between ethnic
Estonians and ethnic Russians are always near the surface in
Estonia, and they appear to be increasing as the proportion of
the Russian-speaking population grows.
One manifestation of this is the reluctance of Estonians to
learn or use the Russian language. In 1979 only 24 percent of
Estonians said they spoke Russian well, a decline of 5 percent
from 1970. Furthermore, Russian speakers are often greeted
with hostile stares. Both of these developments run counter
to efforts by the authorities to promote the use of the Russian
language. Many Estonians report that Russians, both living in
and visiting Estonia, suffer frequent harassment, such as
vandalism and physical and verbal attack. Restaurants and
bars are often informally off-limits to one or the other
group, and ethnic brawls are not uncommon. In August and
September 1987, the authorities discussed programs to expand
the study of Estonian by children in the early grades of
elementary school, to increase the number of textbooks and
courses in the Estonian language available for Russian-speaking
adults, and to improve the qualifications of Estonian-language
teachers .
Women nominally enjoy the same legal rights as men, and an
extensive system of day-care service and maternity benefits
assists women in obtaining and retaining jobs. In general,
however, women hold less remunerative positions than men do in
the same professions.
CONDITIONS OF LABOR
Labor conditions in Estonia are identical to those in the rest
of the Soviet Union: The statutory minimum age for the
employment of children in 1986 was 16, and the standard
workweek was 40 hours. The minimum wage was set at $112 per
month at the official rate of exchange. According to the
latest Soviet official data, the average wage is about $272
per month. Soviet law establishes, in general terms, minimum
healthy and safety conditions. According to the Soviet press.
901
ESTONIA
the laws on maximum hours of work and health and safety
standards are widely ignored.
902
FINLAND
A constitutional republic, Finland is a democratic state built
upon the principle of the rule of law. Sovereign power rests
with the people as represented by their delegates assembled in
Parliament. Supreme executive power is vested in the
President. A Cabinet, consisting of a Prime Minister and 17
ministers and responsible to Parliament, works with the
President in governing the country. Judicial power is
exercised by an independent judiciary consisting of the
Supreme Court and the Supreme Administrative Court. The
Finnish people freely choose by direct election the 200-member
unicameral Parliament every 4 years. They also choose
electors every 6 years who, in turn, elect the President.
The security apparatus is controlled by elected officials and
supervised by courts.
Finland has a mixed economy with state-owned, privately owned,
and publicly owned companies. Citizens are free to pursue
their legitimate private interests, hold private property, and
engage in economic activity without government interference.
During 1987 there were no reported violations in Finland of
fundamental human rights. There is no discrimination against
national minorities. Women enjoy the same economic and
political rights as men.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Killing for political motives did not occur.
b. Disappearance
There were no reported cases of disappearance, abduction, or
clandestine detention.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Freedom from torture and other cruel, inhuman, or degrading
treatment or punishment is guaranteed by law and respected in
practice. By law, prisoners must be treated justly with
respect for their human dignity and without distinction on the
basis of race, sex, language, nationality, religious or
political conviction, social position, wealth, or any other
grounds .
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Freedom from arbitrary arrest and imprisonment or exile is
guaranteed by law and respected in practice. A suspect may be
detained by the police for questioning for 3 days, but for
special reasons not specified in the law this period may be
extended by 14 additional days. A suspect may, in the latter
case, be kept in custody only on order of an authority with
the right to remand a person for trial. That authority must
immediately notify the court of the extension. During the
investigative period, the accused may be denied access to a
lawyer. The State pays legal fees for the indigent. A court
903
FINLAND
hearing must take place within 8 days of notification of the
arrest, if in a city, or within 30 days, if in rural areas.
The circumstances of the arrest are subject to judicial review
when the accused is brought to trial. Should the arrest be
shown to have been incorrect, or should the accused be found
innocent, he may apply to the same court for civil damages for
loss of freedom.
A reform of the pretrial procedures was confirmed by the
President in 1987 and will take effect on January 1, 1989. It
shortens the detention period to 7 days and gives the accused
access to a lawyer during that time. The purpose was to
achieve uniformity with the practice of other Western
countries. Parliament's Legislative Committee made some
changes in the original bill to ensure that the detention
period would under no circumstances exceed the maximum of
7 days.
The institutions of habeas corpus and bail do not exist as
such in Finland. Those accused of serious crimes must by law
remain in custody. Those accused of minor offenses may be
released on personal recognizance at the court's discretion.
Preventive detention is authorized only during a declared
state of war for narrowly defined offenses, such as treason,
mutiny, and trafficking in arms. Supervisory personnel from
the Ministry of Justice and the Ministry of the Interior, as
well as the Parliamentary Ombudsman and the Chancellor of
Justice, have authority to enter prisons and to order the
release of prisoners held without charges.
New legislation on the status of conscientious objectors to
Finland's obligatory military service was passed in 1985. It
took effect at the beginning of 1987 for a trial period of
5 years. Giving a person the option of serving in the
military or becoming a conscientious objector, the law
abolishes the Investigative Board which previously decided
whether to confer the status of conscientious objector. The
new law also lengthens alternative civilian service for
conscientious objectors to 16 months, twice the minimum length
of military service. Jehovah's Witnesses are exempted from
military service altogether under the new law.' The passage of
the bill stemmed from the Investigative Board's rejection of
an increasing number of applications for civilian service in
recent years. A small number of total objectors, i.e., those
who do not accept even unarmed alternative service on the
grounds that it is part of the military system of national
defense, have been sentenced to prison. They regard the new
law as a punishment because the required service is longer
than military service. Ten objectors are serving a sentence
of 1 year in jail, about 30 have been sentenced to jail, and
another 30 await trial. Amnesty International (AI) has
adopted some of these total objectors as "prisoners of
conscience . "
Exile has not been used as punishment in Finland. By law,
Finnish citizens cannot be exiled. There is no forced labor
in Finland.
e. Denial of Fair Public Trial
The right to fair public trial is guaranteed by law and
respected in practice. Finnish citizens and aliens legally
present in Finland have the right to effective counsel.
904
FINLAND
Charges must be clearly stated. Civilians may not be tried by
military courts except in time of war. There are no separate
"security" courts, although local courts may decide to conduct
a trial behind closed doors in juvenile, matrimonial, and
guardianship cases, or when publicity would offend morality or
endanger the security of the State. In "national security"
cases, the judge may withhold from the public any or all
information pertaining to charges against individuals,
verdicts, or sentencing. Sanctions may be imposed if such
information is made public. Provisional tribunals are
constitutionally prohibited.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right to privacy and the sanctity of the home, including
prohibition of eavesdropping and mail tampering, are
guaranteed by law and respected in practice. The security
police are subject by law to judicial scrutiny.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Law and practice, an effective judiciary, an independent
press, and a functioning democratic political system assure
freedom of speech and press. There have been no instances of
abuse or legal decisions restricting freedom of the press.
The press occasionally exercises restraint in treating issues
deemed to be potentially harmful to the national interest but
is under no compulsion from the Government to do so.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is guaranteed by
the Constitution. However, if the purpose of association is
to influence political issues, only Finnish citizens may
belong. Public demonstrations require notification to the
police.
Trade unions are constitutionally guaranteed the right to
organize, assemble peacefully, and strike. They enjoy a
protected status and play an important role in political and
economic life. The average rate of organization in the labor
force is above 8C percent. A 1-mil lion-member blue-collar
confederation, the Central Organization of Finnish Trade
Unions, the SAK, dominates the trade union movement. Three
other central organizations cover white-collar, professional,
and technical employees. All trade unions are democratically
organized and managed and are independent of the Government.
Most unions maintain relations with their Nordic counterparts.
The four confederations also have bilateral contacts with the
Soviet All-Union Central Council of Trade Unions. The SAK and
one white-collar confederation are members of the International
Confederation of Free Trade Unions. Two affiliates of the SAK
have ties to Communist-dominated trade union internationals.
Finnish trade unions participate in the International Labor
Organization.
The Government encourages voluntary organizations and
subsidizes private groups formed to achieve a public purpose.
They are permitted to maintain relations with other
international groups in both Communist and Western countries.
905
FINLAND
If the membership of an organization is more than one-third
foreign, the group requires the Government's permission to
operate .
c. Freedom of Religion
Finland has two state religions: the Lutheran and the
Orthodox. Taxes are collected by the Government from members
to support these churches. Other Christians, Moslems, and
Jews enjoy unrestricted freedom of worship. Approximately
89.5 percent of the population belongs to the Lutheran Church.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Finns are free to travel within the area of the Nordic
countries--Finland, Sweden, Norway, Denmark, and Iceland--
without passports, and need not apply for exit visas for
travel to other countries. Over 200,000 Finns have emigrated
to Sweden in the past 2 decades to seek employment, and over
one-half of them have returned. Net emigration is constantly
decreasing. No restrictions have been placed on emigration or
repatriation.
There has been debate on the criteria which the Finnish
Government applies when deciding to grant political asylum.
The Government maintains that, "in accordance with the Geneva
Agreement, Finland gives asylum to individuals arriving (in
Finland) who have the characteristics of refugees determined
by the agreement." The Ministry of the Interior denies that
any agreement exists with the Soviet Union regarding
repatriation of Soviet would-be refugees.
This issue recently reemerged in connection with an Amnesty
International (AI) memorandum submitted to Finnish authorities
at the end of September 1987. Based on thorough research and
a visit of a team in June 1986, AI referred to the cases of
12 Soviet citizens said to have been repatriated by Finland in
1959-1982. The number of people applying for political asylum
in Finland is very low: about 20 per year. According to the
memorandum, all the Soviets repatriated were arrested after
their return to the U.S.S.R., and two of them are still in
prison. AI was concerned over the fact that Finland does not
appear to have uniform rules of procedure. The Ministry of
the Interior replied that it would look into the matter
seriously. At the same time, the Government issued written
instructions translated into several languages for the use of
aliens potentially applying for political asylum.
Finnish authorities believe that the current legislation
related to aliens needs to be amended. For example, the law
leaves it up to the police to decide how long to detain an
applicant. They may detain the person for a period of 7 days
and may repeat the decision as many times as they wish.
Periods of detention have varied from 5 days to 10 weeks. A
detainee may not contact a lawyer but only the Curator of
Alien Affairs. The law does not define the grounds on which
the applicant for political asylum may be repatriated, so
instructions have to be sought in the U.N. Refugee Treaty,
which Finland has signed. The authorities believe that such
instructions should be unambiguously stated in Finnish
legislation.
906
FINLAND
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Finland is a multiparty, parliamentary democracy in which all
citizens over the age of 18 freely elect their representatives
from among multiple lists of candidates representing a wide
spectrum of political ideologies. At present, there are seven
political parties and a group of the Greens represented in
Parliament. The country has the longest tradition of women's
suffrage in Europe, and there are at present 63 women
representatives in Parliament and 4 female Cabinet ministers.
New legislation providing a more direct popular election of
the President will be implemented for the first time in 1988.
According to the legislation, two ballots are cast, one for
the preferred presidential candidate, the other for the
electoral candidate. In case none of the presidential
candidates receives a simple majority of the votes, the
electoral college conducts the final election.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Within Finland, several organizations monitor human rights
performance, including the Finnish Red Cross, the
government-sponsored Equality Council, the Women's Rights
Union, and Amnesty International. A Finnish Helsinki Watch
group was established in July 1985 but has not been very
active. In connection with the Swedish-language University in
Turku, a Human Rights Institute was founded in the spring of
1985. Its purpose is to conduct human rights research and
studies as well as distribute information.
Finland participates actively in international human rights
organizations .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Food, shelter, health care and education are available to all
inhabitants regardless of race, religion, sex, ethnic
background, or political opinion.
To redress existing inequities between the sexes, the
government-established Council for Equality coordinates and
sponsors legislation to meet the needs of women as workers,
mothers, widows, and retirees. The new equality legislation,
a comprehensive Equal Rights Bill, which ensures equal
treatment for women in the workplace, took effect at the
beginning of 1987. An Equal Rights Ombudsman entered office
at the same time. Government statistics indicate that women's
wages and salaries as a percentage of those of men remained at
approximately the level of the previous year, 78 percent.
A new surname law, permitting women to retain their maiden
names after marriage as their only surname, took effect in
January 1986. It also makes it possible for the man to take
his wife's name. A partly reformed marriage legislation will
take effect at the beginning of 1988, changing some of the
principles according to which property is to be divided in
case of divorce and death.
907
FINLAND
CONDITIONS OF LABOR
Finland rigorously upholds international standards on working
conditions, child labor, and occupational safety and health.
The minimum age for full time employment is 16 years.
However, the law permits youths of 14 and 15 years of age to
spend up to two-thirds of their school holidays at work up to
a maximum of 7 hours per day and 36 hours per week. Workers
under 18 years of age also work less than a standard workweek,
and night work is prohibited.
The minimum wage varies according to the industry but averages
more than $3.50 per hour. A 40-hour workweek is standard,
although persons in straight-shift work have a 36-hour
workweek and those in certain occupations can work longer in a
week, subject to an 80-hour or 120-hour maximum in 2 or 3
weeks respectively. Finnish female labor participation in the
last guarter of 1986 was 63.6 percent, while that of men was
71.9 percent.
Several laws protect workers while on the job and in transit
to and from their work. Enforcement machinery includes the
National Board of Labor Protection and labor protection
delegates elected by the workers themselves. Cooperation
between labor and management has been mandatory by statute
since 1974.
908
FRANCE
France is a democratic republic with constitutional provisions
for human rights, freely functioning political parties, and
regular elections. Voter participation (v/ith universal
suffrage) is high. Elections at the local as well as national
level are occasions for ideological and topical debate.
France has a highly developed industrial economy comprising a
mixture of public and private enterprises. The present
Government has been denationalizing key industries, banks, and
certain services.
French authorities normally respect human rights and civil
liberties and have taken steps to protect the rights of
minority groups. A firm counterterrorist policy has helped to
reduce, but has not eliminated, violent incidents perpetrated
by small extremist groups.
The promotion of human rights is a principal tenet of French
foreign policy. French leaders speak out frequently on
worldwide abuses of human rights and often refer to the
protection of these rights within France. Since 1986 a
Secretary of State for Human Rights has overseen human rights
issues relating to both domestic policies and foreign affairs.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from.:
a. Political Killing
Indigenous terrorist groups, primarily the Basque and Corsican
separatist organizations, took responsibility for a number of
violent, politically motivated incidents on French soil in
1987. The most lethal of these attacks was the machinegunning
of a police patrol in Corsica in which two officers died.
Counterterrorist successes of the French internal security
services, however, led to a sharp decrease in terrorism of
Middle Eastern origin for the first time since the early
I970's. The French leftist terrorist group Action Directe
also appeared quiescent for the first time in a decade,
following the arrest of its four leaders in February.
b. Disappearance
There is no evidence that French security services have
engaged in abduction or secret arrests.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
France does not condone or practice torture or cruel, inhuman,
or degrading treatment or punishment.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
French law guarantees freedom from arbitrary arrest and
imprisonment. There is no direct equivalent of habeas corpus
in the French legal system, but there is a limit of 2 days--4
for drug and terrorist cases--bef ore a suspect must be
transferred to a magistrate for investigation.
The French judiciary plays a determining role in the detention
process. Government authority to hold a person beyond the
909
FRANCE
prescribed periods is severely restricted, and such detention
must be ordered by the competent court.
The Government in 1987 pursued its policy, initiated in 1986,
of expelling to Spain certain Basque separatist activists
suspected of participating in or providing logistical support
for the Spanish Basque terrorist organization Basque Fatherland
and Freedom. The Government expelled over 100 additional
Basques in 1987 under this policy, which is allowed by a 1945
legal procedure called "absolute emergency," under which the
Government can expel without legal proceedings foreigners
suspected of posing a threat to the security of the State.
As part of its firm counterterrorist policy, the French
Government also applied this legal expulsion procedure to
several dozen foreigners suspected of participating in or
aiding Middle Eastern terrorist groups. Those expelled
included persons of Iranian, Lebanese, Algerian, and Tunisian
nationality.
In general, the Government still sets great store by France's
tradition as a refuge for victims of political and religious
persecution.
There is no forced or compulsory labor in France.
e. Denial of Fair Public Trial
The right of fair public trial is guaranteed by law and
respected in practice. Suspects have the right to legal
counsel as soon as their cases are transferred from the police
to the magistrate. For misdemeanors, pretrial confinement is
limited normally to 4 months, with extensions in special
circumstances of approximately 8 to 12 months. However, in
drug cases (all of which are handled by the courts as
misdemeanors), pretrial confinement may be unlimited. For
felonies, pretrial confinement is not limited. French law
provides for the right of appeal, except in jury trials of
felony cases. An appeal to the Cour de Cassation is possible
in felony cases, but this Court rules only on procedure. No
appeal that involves review of the facts of the case is
possible.
Trials in France are normally open and public, but provisions
exist for the defense to request a closed proceeding. The
press has free access to records of court proceedings,
although under French law the prosecutor may not disclose
information about cases being tried or investigated. There is
no evidence that the authorities detain any person for
political reasons.
Pending completion of legislative reforms, legal proceedings
have been suspended against persons whose requests for
conscientious objector status were rejected. There are still
some persons, however, serving prison terms imposed prior to
1983 by the now defunct Permanent Tribunals of the Armed
Forces because they did not present such requests and refused
military service.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Freedom from invasion of privacy is guaranteed by French law,
and this freedom is respected in practice. The search of a
private residence requires a search warrant and must take
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FRANCE
place between 9 a.m. and 6 p.m. except in special
circumstances, such as drug cases, when the search may be
undertaken at any time. Telephone conversations may be
monitored in conjunction with criminal proceedings with a
court order and in national security cases with administrative
approval from the agency conducting the investigation. The
authorities have occasionally opened correspondence to enforce
currency regulations, though this is not a widespread practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are guaranteed by law and respected in
practice. Newspapers and magazines are free from government
control and present views ranging across the political
spectrum. In 1987 the Government carried out a promise to
transfer to the private sector the influential, most-watched
first TV channel (TF-1) . There are three other private
networks, including the well-financed, potentially very
competitive La Cinq, as well as two state-owned networks,
Antenne-2 and the regional network Fr3. Private radio
stations have operated in France since 1983. Frequencies in
Paris were reallocated in August 1987; similar reallocations
will be carried out in other parts of the country. With these
steps, the freedom and political independence of the broadcast
media have been reaffirmed and strengthened.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is
constitutionally guaranteed and usually respected.
Labor unions have the right to organize free from government
control. Although only one-fifth of labor is unionized, trade
unions exercise significant economic and political influence.
They participate actively in numerous tripartite (government,
employer, and labor) bodies dealing with social matters,
including labor courts and the Economic and Social Council, a
constitutionally mandated consultative body. All unions are
technically independent of the political parties, but many of
the leaders of France's largest union, the General
Confederation of Labor, belong to the Communist Party. (The
General Secretary traditionally is a member of the Communist
Party Political Bureau.) Leaders of most other unions are
members of one or another faction of the Socialist Party,
although members of other parties are also active in the labor
movement. All unions and employer associations are very
active in the International Labor Organization and other
international organizations, including all three world trade
union confederations. A Frenchman is President of the World
Employers Association. French workers are free to strike,
with a few minor exceptions in cases where strikes are
determined to be a threat to public safety.
c. Freedom of Religion
Roman Catholics comprise by far the largest religious group in
France. Separation of church and state is guaranteed by law.
All religious groups function freely without persecution.
Despite strong initial public opposition to proposed
legislation regarding private (largely Catholic) schools, the
Government in 1984-85 succeeded in passing compromise
educational reform measures which allow public authorities
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FRANCE
some influence in private school personnel practices. Private
and parochial schools receive substantial subsidies from the
Ministry of Public Education.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
French law provides for freedom of internal movement, foreign
travel, emigration, and repatriation. Arriving refugees,
intending emigrants, and intending repatriates can undertake
foreign travel and, in most instances, return to France.
Although proposed new measures to control immigration could
sharply restrict the right of some aliens to settle their
families in France and would narrow the eligibility rules for
those seeking French nationality, France has an extensive
record of refugee aid and resettlement.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution guarantees the equality of all citizens
before the law, without regard to origin, race, or religion.
All French citizens of both sexes who have reached majority
may vote. These provisions are fully respected in practice.
A wide variety of political parties compete freely in
elections. In addition to national, presidential, and
legislative elections, there are regularly scheduled local
elections. For several years, the Government has been
transferring selected powers from the executive branch to
locally elected assemblies. Many special interest groups —
business, labor, veterans, consumer advocates, ecologists, and
others--organize freely and regularly support candidates for
elective office. A referendum on the future status of New
Caledonia took place as promised on September 13, 1987, in New
Caledonia, and an overwhelming majority of voters chose the
option of having the island remain French.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
France has traditionally been a leader in the human rights
area. Human rights organizations, including Amnesty
International and the International Federation for Human
Rights, operate freely in France.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The authorities do not condone discrimination based on race,
religion, sex, ethnic background, or political opinion. While
isolated incidents of racial, religious, or political
discrimination occur, particularly against the large immigrant
community of Arabs and Africans, authorities consistently
condemn such incidents. Food, shelter, health care, and
education are available to all inhabitants.
Women have equal status under the law but are engaged in
continuing efforts to maintain and strengthen their rights. A
women's bureau in the Ministry of Social Affairs and Employment
is charged with promoting women's rights. The Government has
taken steps to close loopholes in French legislation on sex
discrimination in the workplace and to eliminate sexist
advertising. In 1985 it passed legislation to ensure more
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FRANCE
equality in marriage rights. Local programs to integrate
women into the labor market have been implemented. Women's
average wage rates in nonagricultural employment in 1985
amounted to 81.4 percent of those of men.
The rights of linguistic and ethnic minorities are protected,
whether in metropolitan France or in overseas territories
subject to French authority. The right of immigrants legally
admitted to France to coexist peacefully without assimilating
completely into French culture is recognized. Legislation has
been passed simplifying the expulsion of illegal immigrants and
tightening immigration procedures. In metropolitan France,
authorities have vigorously sought to apprehend extreme
rightwing gangs that perpetrated several assaults against
members of minority groups, mainly Arabs, in 1987. In New
Caledonia, deep-rooted antagonisms between ethnic communities
exist, leaving a potential for violence. Exceptional measures
by the Government could be required to quell" violence, if it
were to erupt. Similarly, there is a potential for renewed
violence in the overseas department of Guadeloupe.
CONDITIONS OF LABOR
With a few minor exceptions for those enrolled in recognized
apprenticeship programs, children under the age of 16 may not
be employed. Certain categories of work considered to be
arduous and night work (10 p.m. to 5 a.m.) may not be performed
by persons under the age of 18 or by women in manufacturing,
mining, the public sector, unions, and nonprofit organizations,
with the exception of women with managerial responsibilities.
This prohibition does not apply to women in commercial
establishments, entertainment, or the health sector where no
manual work is involved.
France has a minimum wage of about $4.60 an hour. The standard
workweek is 39 hours, and overtime is controlled. In general
terms, French labor legislation and practice, including that
pertaining to occupational safety and health, are fully
comparable to those in other industrialized market-economy
countries. The minimum wage is somewhat less in the overseas
departments, and not all social legislation applies in the
overseas territories.
913
GERMAN DEMOCRATIC REPUBLIC
The German Democratic Republic (GDR) was created in 1949 as a
Communist state out of the Soviet occupation zone of Germany.
Approximately 380,000 Soviet troops still are stationed on its
soil. The country is ruled by the Conununist party, known as
the Socialist Unity Party (SED), which closely resembles the
Soviet model. Four other parties, whose existence is
tolerated, have no real power or independence, and the SED
leadership makes all important political, economic, and social
decisions .
The Government has an efficient and pervasive security
apparatus administered by the Interior and State Security
Ministries, which together employ approximately 300,000
people. Despite such formidable barriers as the Berlin Wall,
deep historical, cultural, linguistic, and family ties remain
between the people of the GDR and those of the Federal
Republic of Germany (FRG) .
The GDR has a highly industrialized, centrally planned economy
in which the bulk of industrial and agricultural property is
state owned. Small private businesses with fewer than 10
employees are permitted. Controls are placed on the
acquisition, inheritance, and income derived from private
property.
The GDR continues to restrict the fundamental freedoms of
speech, press, religion, assembly, and travel. In 1987,
however, it showed flexibility in the area of human contacts
and decreed an amnesty which included most political prisoners.
In 1987 the level of legal emigration from the GDR is expected
to be below the level of 1986 when more than 21,500 people
left. It appears that the total figure for 1987 is
approximately 13,000. An estimated 300,000 to 500,000 may wish
to leave. On the other hand, the Government has allowed an
unusually large number of GDR citizens, many under retirement
age, to travel to the West on short-term private visits.
Estimates suggest that around 3 million GDR citizens traveled
to the West in 1987, including more than 1.2 million persons
under retirement age. By comparison, 1,773,000 East Germans
of all ages traveled to the West in 1986, with 573,000 being
under retirement age. In 1985 only 66,000 persons under
retirement age were permitted such travel.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
A 1982 law codified confidential orders to border guards that
they should open fire as a last resort to prevent a person
from leaving the country without permission. By mid-1987,
however, there were reports that the shooting order had been
virtually suspended, except in cases of desertion and armed
attack. Nevertheless, several shooting incidents occurred
along the Berlin Wall during the second half of 1987, the
latest on October 29.
There were 210 unauthorized border crossings in 1986. In
1987, approximately 300 persons had crossed illegally. The
Government apparently has removed some lethal barriers, such
as automatic shooting devices and minefields, but it has
914
GERMAN DEMOCRATIC REPUBLIC
increased the height of the border fence to 3 meters, set up
150 kilometers of special dog-patrolled areas, and begun to
expand its system of barriers on the inner-German border to a
depth of approximately 20 kilometers.
b. Disappearance
There were no reports of permanent disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Specific laws state that the life, health, and ability to work
of arrestees and prisoners must not be jeopardized. There are
reports, however, of cruel treatment by prison officials,
including the beating and Hanging of prisoners by their hands
for periods of up to 24 hours. In addition, former prisoners
and detainees have reported excessively harsh conditions and
psychological strain in GDR prisons.
The Council of Europe in September 1986 issued a report
denouncing prison conditions in the GDR and calling on the
Government to uphold the principles of the United Nations'
International Covenant on Civil and Politicgl Rights, which it
ratified in 1973. Prison conditions appear to be unchanged
since the issuance of that report.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
GDR security agencies have blanket authority to detain and
interrogate citizens on suspicion alone. GDR citizens who
become particularly active in officially disapproved ways are
sometimes subject to repeated harassment, such as recurrent
police interrogations, despite the absence of formal charges.
They may be arrested with or without warrants, merely for
expressing dissenting views. A person held in detention does
not have the right to a judicial review of continued detention.
Although the criminal procedure code sets a limit of 3 months
on investigatory proceedings, prosecuting authorities appear
to have no difficulty in extending this period. In most
political cases it takes longer than 24 hours--often many
weeks--before interested parties are notified of the arrest.
Furthermore, the code does not specify a maximum time period
which may elapse before a detained person may see a lawyer.
Although the code guarantees access to a defense attorney, the
prosecutor may arbitrarily monitor and restrict contacts
between the defense attorney and his client.
Charges filed in clearly political cases are often based on
laws which are written in vague and general language. The
penal code provides, for instance, that the transmission of
information "detrimental to the interests of the German
Democratic Republic," even if it is not secret, may be
considered treason. Laws against "antistate agitation" and
"asocial behavior" (parasitism) are often applied selectively
against citizens who become politically active. The broad and
vague wording severely restricts the possibility for defense.
Amnesty International states that it has yet to learn of an
acquittal when a prisoner has been brought to trial under
these laws.
Forced labor as a means of political coercion or education is
not practiced.
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GERMAN DEMOCRATIC REPUBLIC
e. Denial of Fair Public Trial
In cases involving security and political issues, judges may
bar individuals or groups from open trials. Prisoners are
allowed to choose a lawyer from a list of those available in
their area. However, all attorneys are state employees, and
only a handful are willing to take on political cases. Until
investigatory proceedings are completed, prisoners may see
their lawyers only in the presence of the police and may
discuss only matters not related to the case. Discussion of a
case itself usually takes place in a brief interview shortly
before the trial. Attorneys may not make photocopies or tape
recordings of their clients' files. Files may be reviewed
only in court, and notes must be taken in longhand.
Trials tend to be short and perfunctory. Constitutionally,
the courts are under the control of the Council of State. In
reality, they are controlled by the SED, which appoints the
judges. Military courts try civilians only in military
espionage cases.
The Government does not admit to holding political prisoners,
nor does it publish statistics which would assist in
determining the number of political prisoners held. However,
the FRG Ministry for Inner-German Relations has announced that
it bought freedom for some 2,500 political prisoners from the
GDR in 1985, for more than 1,500 in 1986, and for more than
1,000 by July 1987. The Salzgitter Center, an FRG government
office which monitors GDR human rights abuses, has registered
some 25,000 prosecutions for political offenses in the GDR
over the past 25 years. Such prosecutions have generally
resulted in prison sentences of 18 to 24 months. Most
observers agree that approximately half of the political
prisoners were jailed because of efforts to emigrate.
In the fall of 1987, the GDR began implementing a general
amnesty which covered all prisoners except those convicted of
murder, espionage, and war or Nazi crimes. The terms of this
release are considerably broader than earlier amnesties in
1979 and 1972 and resulted in the release of 24,621 persons,
including virtually all political prisoners by the end of the
year .
Estimates of the number of political prisoners prior to the
amnesty varied widely, both because of the difficulty in
obtaining information and the use of different definitional
criteria. Official FRG sources spoke of "more than 1,000
known by name," with possibly another 1,000 being held. The
private West German-based International Society for Human
Rights estimated that there were 6,000 political prisoners,
while Helsinki Watch reported estimates of political prisoners
ranging from 7,000 to 10,000.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
By law, the police need court authorization to enter and
search a house. They may authorize entry themselves, however,
and the courts will retroactively give approval. State
security organs, solely on their own authority, routinely and
legally tap telephones and open mail. Evidence thus obtained
can be used in court. The Government has achieved its goal of
instilling a widespread belief that state security informants
are ubiquitous and discovery of opposition to the State is
certain.
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GERMAN DEMOCRATIC REPUBLIC
Young people are not forced to join the SED's Youth Movement,
the Free German Youth (Freie Deutsche Jugend — FDJ) , but school
and government authorities make it clear that failure to do so
will limit educational and job opportunities. Helsinki Watch
has reported that 15- and 16-year-olds must attend a 2-week
paramilitary training camp where they learn such skills as
using weapons and throwing grenades.
GDR citizens must obtain government permission to marry
foreigners. The Government appears to be following faithfully
the letter of an October 1983 law which specifies that
authorities should decide on applications for binational
marriage within 6 months of submission of the application.
Assembling documents for submission can be time-consuming,
however .
GDR citizens in positions deemed sensitive by the Government
may not be visited by, or even maintain contacts with, close
relatives who live in the West. They are also not eligible to
travel to the West. Government officials said in 1987,
however, that the number of persons in so-called sensitive
positions was to be substantially reduced, perhaps by
two-thirds. There are indications that some persons previously
barred from traveling to the West are now receiving permission.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is severely circumscribed. Unauthorized
public expressions of dissent are often punished with prison
sentences. This year, probably because of the extensive
attention focused on Berlin's 750th anniversary celebration
and on SED First Secretary Erich Honecker's visit to the
Federal Republic, the authorities appeared somewhat more
reluctant to punish dissident speech and press.
The Government controls all media and licenses all
publications prior to distribution. The media's basic
function is to support and strengthen the Socialist order. In
1987 articles appeared in established journals on previously
taboo subjects, such as AIDS, homosexuality, environmental
pollution, and religious questions. While the overall thrust
of these articles stresses the Government's efforts, always
successful, to solve the problem, the mention of these topics
marks a new development.
Importation of most printed materials requires an official
permit. The GDR announced during Honecker's visit to the
Federal Republic that it would relax somewhat the stringent
controls governing importation of printed materials. Private
persons may now import certain specialized publications, even
if the publications do not have a special postal license.
Church groups may import some religious publications more
easily. However, the regulation elastically excludes
literature "directed against the preservation of peace and
containing other agitation" or "contravening the interests of
the Socialist State and its citizens." Within the GDR,
circulation of printed materials also requires an official
permit .
Western newspapers and magazines, other than politically
acceptable publications such as those of Western Communist
parties, are unavailable to the general public. Small
quantities of Western journals are for sale for hard currency
917
GER^4AN DEMOCRATIC REPUBLIC
in international hotels upon request. Some libraries,
university departments, and official institutes also receive
Western journals, but circulation is highly restricted. GDR
and Western travelers may be interrogated or arrested simply
for possessing unlicensed printed material. Contact with
Western journalists is severely limited by law. For the
average citizen, such contact is technically illegal. FRG
journalists and television crews, however, were allowed to
conduct extensive surveys and live interviews with private GDR
citizens in connection with the Honecker visit to the Federal
Republic .
West German television can be viewed by 80 percent of the GDR
populace. Some of the few areas still unable to receive West
German television broadcasts by antenna are now installing
cable systems. Western radio broadcasts can be heard
throughout the country. The Government does not attempt to
jam or otherwise hinder these broadcasts.
The SED conceives of art and literature as a means of
promoting political goals. Works are judged on the basis of
their conformity to "Socialist realism," i.e., whether they
convey a clear, optimistic view of Communist society and
goals. Contrary views or perceptions are discouraged or
censored. Publishing houses practice self-censorship, and
works must receive official clearance before they are
published, performed, or exhibited. Some works are banned
completely. Others may be published only outside the country
under contracts negotiated by state-run agencies, and some are
permitted to be published, performed, or exhibited in the GDR
only in edited form.
Individual academic freedom is severely limited and even
formally restricted by law. The State views education as an
instrument for "building socialism." All areas of academic
inquiry are strictly controlled. Teachers who allow open
classroom discussion of unapproved themes or topics, or who
deviate from the party line, are disciplined. Many books are
prohibited totally. Others are permitted only in university
libraries to which only carefully screened and authorized
personnel are allowed access.
b. Freedom of Peaceful Assembly and Association
Although the Constitution provides for freedom of assembly,
only the Christian churches have maintained the ability to
organize meetings without prior state approval. A
church-organized peace march, which attracted some 1,000
participants in Berlin in September and displayed a wide
variety of banners and placards, some of which were not in
conformity with government-favored themes, was the first
unlicensed, tolerated public demonstration in memory. In June
the police questioned hundreds of youths who had gathered near
the Berlin Wall to listen to a rock concert held in the West
but arrested only two persons, 26-year-old Olaf Matthes and
his 21-year-old brother Detleff.
The formation of private organizations or clubs also requires
state permission. Professional associations for writers and
artists are headed by party members and controlled by the
State. Dissidents and critics have been expelled from them
and are thereby deprived of important professional privileges.
Workers do not have the right to establish and join unions of
their own choosing. The Free German Trade Union, an appendage
918
GERMAN DEMOCRATIC REPUBLIC
of the SED, is made up of 16 unions covering all workers and
professionals. Its role is to enforce and promote official
government and party policies rather than to promote members'
interests which might conflict with those policies. The right
to strike does not exist. However, there have been occasional
reports of wildcat strikes.
c. Freedom of Religion
The Constitution guarantees freedom of religious belief and
worship, but the State officially promotes atheism. In
practice, the State tolerates and even provides some financial
subsidies for religious activity.
In 1987 three religious events evoked considerable
international attention:
--A massive Lutheran Assembly (Kirchentag) was held in
Berlin for the first time since the Wall was built. The
concluding event filled a football stadium with more than
20,000 believers.
— The first-ever country-wide Catholic meeting
(Katholikentref fen) took place in Dresden, attended by 100,000
people.
— An American was installed as the first rabbi since 1967
to head the small East German Jewish community.
The State provided logistical support and allowed extensive
media coverage of all three events by both GDR and Western
journalists .
Overt adherence to religious beliefs may result in
disqualification for preferred jobs and educational
opportunities, although the largest religious community, the
Lutheran Evangelical Church, has had some success in pleading
the cases of its members who have suffered such discrimination.
Clergy and lay members of Western churches have been permitted
to attend church synods and conferences at a national
ecumenical level, and some GDR religious leaders have been
allowed to attend similar meetings in the West. The
authorities prohibit official relations between East and West
German congregations, and they often do not permit personal
visits by West German clergy when they suspect church business
will be discussed.
The churches remain under continuing government pressure to
watch their wordi and deeds, and the secret police continue to
monitor church-sponsored events closely. While church-state
relations during most of 1987 developed positively, there was
serious interference in the activities of one of the
unofficial environmental groups that operate within some
parishes. On November 24, police raided the offices of one
such group. This was the first intrusion on church-owned
premises in many years and triggered an immediate wave of
protest within the country and internationally. Although the
four persons detained during the raid were soon released, the
protesters demanded that charges against them be dropped and
duplicating equipment seized in the raid be returned. After a
week of intense negotiations, the attorney for the detainees
reported that these demands would be met. This was formally
confirmed in early January. This is the first known instance
that the State has agreed to stop proceedings in a political
919
GERMAN DEMOCRATIC REPUBLIC
case. The Lutheran Church remains the only institutional
forum in which divergent opinions can be expressed with
relative freedom. Within the churches (and at church
functions such as synods and the Kirchentag), many issues not
publicly discussed are openly debated.
For some time, young men subject to universal conscription who
are religious conscientious objectors have been able to choose
alternative service in unarmed construction units. However,
those opposed to any military service whatever were
incarcerated. Recently the Government adopted a policy of
ignoring such persons, i.e., neither drafting nor prosecuting
them. Conscientious objectors may still face discrimination
in schools and jobs.
New churches continue to be built, and old ones restored, in
limited numbers with government approval. The Government has
demonstrated some flexibility in its treatment of minority
religions. While it has not rescinded a ban on organized
activities by Christian Scientists and Jehovah's Witnesses, it
has made no effort to interfere with those activities.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Most citizens can travel freely within the country, except
within 20 kilometers of the border or near military
installations. They are not free to change their place of
residence without government approval. All citizens must
carry identification cards which the police have the right to
check at will. Because of their criminal or political
records, including the filing of emigration applications,
approximately 60,000 citizens carry a special identification
card called PM-12, which in many but not all cases restricts
domestic as well as foreign travel.
Foreign travel is tightly controlled. Exit visas are required
for travel to other Communist countries except Czechoslovakia,
and travel to Poland remains restricted.
As a rule, travel to non-Communist countries is not allowed
until citizens reach retirement age (60 for women, 65 for
men). On a case-by-case basis, the Government also permits
its citizens below retirement age to travel to the West,
chiefly the Federal Republic of Germany, on urgent family
matters, narrowly defined as births, deaths, marriages, and
significant birthdays and anniversaries for first-degree
relatives (spouses, children, siblings). For the last two
years, however, the Government has substantially eased these
restrictions. Although the regulations have not formally
changed, the authorities are increasingly making exceptions to
their own rules. During 1987 some 3 million GDR citizens
traveled to the West, including more than 1.2 million under
retirement age. Of these, less than one-half of 1 percent
failed to return.
There are still many complaints, however, that the State's
decisions on travel applications are arbitrary and
unpredictable and that the citizen has no effective right of
appeal. For example, in April 1987, writer Lutz Rathenow and
photographer Harald Hauswald were denied permission to visit
the Federal Republic at the invitation of Piper Publishing
House and the Catholic Literature Bureau, as was the request
of noted writer Monika Maron. Previously, however, writer
Gabrielle Eckart, who earlier had been denied permission to
)_779 0-88-30
920
GERMAN DEMOCRATIC REPUBLIC
travel, was allowed to go to the Federal Republic and later to
the United States. Monika Maron was recently given permission
to visit the United States for 2 months. The young GDR poet
Uwe Kolbe has also been allowed to travel to the United States
and to the Federal Germany.
A law effective October 15, 1983 narrowly restricts cases of
family reunification to first-degree relatives (parents or
children) and spouses. Though some East Germans other than
those with first-degree relatives have been allowed to leave,
the narrow definition of eligibility for emigration has
created difficulties for the large majority of applicants.
Many successful applicants wait from 1 to 5 years for
permission to leave, often in the meantime suffering loss of
employment and even imprisonment.
Those who left the country illegally before January 1, 1981
are eligible to apply for permission to visit, but reportedly
only half of those who have applied have obtained visas.
Those who fled after 1980 face criminal prosecution if they
return to the GDR. Those who emigrate legally must generally
wait 5 years before they are permitted to return.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of the GDR are not free to change the system of
government. The leadership of the SED makes all decisions,
and lower-level functionaries are expected to approve and
carry them out. The SED leadership controls the Government
and its operations, determines who will fill executive
positions in the government apparatus, and ensures that its
party members occupy a majority of them. Although four other
political parties are represented in the Government, they are
not permitted to challenge Communist leadership or control.
The unicameral legislature, the Volkskammer (People's
Chamber), has yet to reject a government proposal.
All parties and mass organizations (such as trade unions) are
represented in the National Front, which is controlled by the
SED. For election purposes, the National Front prepares lists
of approved candidates according to a formula which ensures
the SED's complete domination. The list of candidates on a
ballot exceeds the number of available seats, and a candidate
high on the list may be rejected if more than 50 percent of
the voters cross his name off the ballot. In such a case, a
candidate lower on the list may be elected. This is last
known to have happened in a provincial election over 20 years
ago.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Although the GDR is a signatory of the Final Act of the
Conference on Security and Cooperation in Europe (CSCE) , it
has generally taken the position that inquiries into its human
rights policies constitute interference in its internal
affairs. Requests by private human rights groups in the West
for information on human rights conditions go unanswered, and
the Government discourages visits by such groups. Unofficial
human rights groups are formed within the GDR from time to
time, but their members face immediate surveillance and
harassment by the secret police, as well as arrest if their
activities are deemed threatening to the Government. These
921
GERMAN DEMOCRATIC REPUBLIC
groups occasionally receive the attention of the FRG press,
but their influence inside the GDR is small. The government-
sponsored Committee for the Protection of Human Rights does
not attempt to safeguard the human rights of GDR citizens but
criticizes human rights conditions in other countries while
denying the existence of problems in the GDR. In 1987 the GDR
received a congressional delegation led by the chairman of the
U.S. CSCE Commission, which discussed human rights with both
GDR officials and private citizens.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
An extensive social welfare system provides free medical care
to the population without discrimination. Men and women are
treated equally in most respects.
Almost 90 percent of women of working age are employed, and a
comprehensive child care system exists for working parents.
As one of the many incentives to increase the birth rate,
women are given extensive maternity leave with pay. Women are
given 1 day a month off to do household shopping, as are
single fathers with custody of children. Women can be found
in all professions. In time of war, they are liable for the
military draft. Few women hold high positions in the party
and Government or in most professions, although they are well
represented in the medical profession.
CONDITIONS OF LABOR
Since all large industrial, retail, and agricultural
enterprises are state owned, only 2 percent of the labor force
is still privately employed.
The average workweek is 43-1/2 hours, and a 2-day weekend is
common. Shift work has become increasingly common. An
average worker earns about $660 per month, with lower-paid
workers receiving about $350 per month at the official
exchange rate. Minimum paid vacation is 18 workdays a year,
and certain persons, such as mothers with small children and
older workers have the right to additional days of paid leave.
Children from age 14 may work part time during vacations and
to further their education. Children can work full time with
parental permission between ages 14 and 18. Youths under the
age of 18 may not work between 6 p.m. and
6 a.m.
Working conditions are often difficult, especially in mining
and heavy industry. The Government has had some success,
however, in reducing the relatively high rate of accidents in
the workplace.
922
FEDERAL REPUBLIC OF GERMANY
The Federal Republic of Germany (FRG) is a democratic society
with a modern parliamentary system. Its advanced
industrialized economy provides one of the highest standards
of living in the world.
On the national level, power is divided among executive,
legislative, and judicial branches. There is also division of
governmental authority between national and state governments.
The latter retain significant autonomy, especially in matters
relating to law enforcement and the courts, culture and
education, the environment, and social assistance. The head
of the Federal Government, the Chancellor, is elected by the
Bundestag, the lower house of Parliament. The powers of the
Chancellor and of the Parliament, which are substantial, are
set down in the Basic Law (constitution) . The Bundestag is
elected through a mixture of direct constituency candidates
and party lists. Members of the upper house of Parliament,
the Bundesrat, are appointed by the state governments.
The Federal Republic has been ruled since its creation by a
number of governments headed by one of the two major parties,
the Christian Democratic Union (CDU) or the Social Democratic
Party (SPD) . The current Government is led by a coalition of
the Christian Democratic Union, joined by its Bavarian sister
party, the Christian Social Union, and the Free Democratic
Party (FDP) . The SPD and the Greens, a party represented in
the Bundestag since the elections of March 1983, comprise the
opposition.
Organized essentially at the state (Land) level and operating
under the direction of state governments, the police are well
trained, disciplined, and scrupulously respect citizens'
rights. In dealing with hostile elements, including
terrorists, special care is taken to respect the rights of the
accused. The Government is considering legislation that would
provide for stricter measures against violent demonstrators
without eroding basic civil liberties.
The foundation of the Basic Law, adopted in 1949, rests firmly
on the principles of liberty, equality, and the free exercise
of individual rights. These human rights are scrupulously
protected in practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Terrorist groups on the far left (the Red Army Fraktion--RAF)
and the far right (neo-Nazi groups) and Middle Eastern
terrorists continue to engage in political violence. In
November two policemen were shot to death when a demonstration
by groups protesting the building of the "Runway West" at
Frankfurt International Airport turned violent. Politically
motivated killing by the Government or by constitutional
political organizations is unknown.
b. Disappearance
Governmental or police authorities do not abduct, secretly
arrest, or otherwise illegally detain persons. There have
923
FEDERAL REPUBLIC OF GERMANY
been no kidnapings by political terrorist groups for several
years .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Police authorities do not physically or mentally torture
prisoners, nor do they engage in cruel, inhuman, or degrading
treatment short of torture. Prison conditions are adequate.
In its 1987 Report covering 1986, Amnesty International
expressed concern about allegations of beatings of prisoners
and whether prisoners should be allowed access to doctors of
their own choosing.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
No person may be arrested in the Federal Republic except on
the basis of an arrest warrant issued by a competent judicial
authority. Any person detained by the police must be brought
before a judge and charged no later than the end of the day
following the day of apprehension. There is no preventive
detention except that a prisoner may be held in custody no
longer than 24 hours while awaiting a formal charge if there
is evidence that he might seek to flee the country to avoid
prosecution. The right of free access to legal counsel has
been restricted only in the cases of some terrorists who have
used contacts with lawyers to promote and continue terrorist
activity even while in prison. Only judges may decide on the
admissibility or continuation of any deprivation of liberty.
Bail bond exists in the Federal Republic but is seldom
employed. There is no exile or forced labor.
e. Denial of Fair Public Trial
Trials are public. The Basic Law assures due process and
prohibits double jeopardy. The judiciary is free of both
government interference and intimidation by terrorists. There
are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The sanctity of the home is guaranteed by the Basic Law and
fully respected in practice. Prior to forcible entry by police
into a home, a warrant must be issued by a judge or, in an
emergency, by a public prosecutor. Electronic surveillance or
monitoring of mail may be undertaken only after authorization
by a court order.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The provisions of the Basic Law, an independent press, an
effective judiciary, and a functioning democratic political
system combine to ensure freedom of speech and press.
Criticism of the Government is unrestricted. The media and
artistic works are not censored. Academic freedom is
complete. There is no censorship of foreign or domestic books.
Newspapers and magazines are privately owned. Radio and
television networks and stations function, for the most part,
as corporations under special public laws. They are governed
by independent boards made up of representatives of churches.
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FEDERAL REPUBLIC OF GERMANY
political parties, and other organizations. A few
experimental private television cable stations and local
television cable networks have been set up. Legislation has
been enacted in all states except Bremen and Hesse to
facilitate and encourage private television stations using
cable, satellites, and other "new" media.
b. Freedom of Peaceful Assembly and Association
The rights of assembly and association are fully respected, as
is the right to demonstrate. Organizers of street
demonstrations are required to obtain police permits beforehand
and may be asked to pay a deposit to cover the repair of any
damage to public facilities. When demonstrators have not
obtained the required permits, police have exercised
considerable restraint, showing concern ultimately only for
the continued functioning of public facilities and for the
safety of the general public.
Membership in nongovernmental organizations of all types,
including political parties, is entirely open. Parties found
to be "fundamentally antidemocratic" can be outlawed. Under
this constitutionally based provision, the Federal
Constitutional Court, in the 1950's, declared both a neo-Nazi
and a Communist party to be illegal.
The right to organize, strike, and bargain collectively is
recognized and exercised freely in the Federal Republic. The
country has a long-established and highly organized labor
movement, with about 42 percent of the eligible work force
unionized. The German Trade Union Federation represents over
83 percent of organized workers. Reborn in the wake of World
War II, the unions are particularly conscious of their
historic role as the protector of workers' rights and a
bulwark of the democratic system. They actively participate
in the International Labor Organization (ILO) and in
international and European trade union organizations.
Following a complaint lodged by the World Federation of Trade
Unions (WFTU) about the FRG practice of excluding political
extremists from employment in the civil service, an
ILO-appointed Commission of Inquiry decided against the
Federal Republic in February 1987. Specifically, the WFTU
charged that the FRG blanket exclusion of extremists--with no
differentiation between the respective duties they would be
carrying out--was in violation of ILO Convention III. The
German practice is based on the special oath of allegiance of
civil servants actively to defend the State, its institutions,
and laws and stems from a 1972 joint resolution by the Federal
and state governments. Although the Federal Republic has
acknowledged the ILO's findings, it has done nothing to change
its practice. A suit on this issue brought before the
European Court of Human Rights was decided in favor of the
Federal Republic in August 1986.
c. Freedom of Religion
The full practice of religion is allowed. Major religious
groups benefit from a state-administered church tax system.
The Government subsidizes church-affiliated schools. Personal
religious affiliation today plays an insignificant role in
politics and in other walks of life. Members of all religions
can be found in all political parties.
925
FEDERAL REPUBLIC OF GERMANY
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
German citizens are free to move anywhere within the country
and to leave and return at any time. Germans who arrive in
the Federal Republic from the German Democratic Republic are
treated as German citizens and therefore may take up residence
without restrictions. In 1986, 42,788 ethnic Germans
resettled in the Federal Republic, a figure three times higher
than in the early 1980's. From January to August 1987, 43,324
ethnic Germans moved to the Federal Republic. This dramatic
increase is due in large part to the new Soviet entry and exit
act. Effective January 1, 1987, ethnic Germans living in the
Soviet Union with first degree relatives in the Federal
Republic were given exit visas on a priority basis.
The right of asylum is guaranteed by the Basic Law and
respected in practice. In 1986 asylum status was granted to
8,853 foreigners, with the largest numbers coming from
Afghanistan, Iran, and Poland. Once formally granted asylum
status and to a lesser extent while being processed, asylees
have essentially the same access to social welfare benefits as
German citizens. Short of the right to vote, they also enjoy
complete civil rights.
The explosion of asylum seekers since 1979 has threatened to
overwhelm the capacity of the system for processing and
adjudicating requests and prompted enactment of the Asylum
Procedural Law in November 1986. Under the provisions of this
law, the Federal Office for the Recognition of Foreign
Refugees was granted authority to establish branches in the
respective states and hire additional staff. The new law also
included provisions to discourage emigration to the Federal
Republic on the part of so-called economic ref ugees--fully 80
percent of all who apply. Work prohibitions for asylum
seekers were extended from 3 to 5 years, and a $1,000 penalty
was instituted for airlines bringing in foreigners without
valid entry visas.
Denial of political asylum does not automatically result in
deportation. Eighty percent of those whose petitions are
denied are typically allowed to remain in the country for
other, humanitarian reasons. Persons from Eastern European
countries are normally allowed to remain whether or not
official asylum status is granted.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Under the parliamentary democracy established by the Basic
Law, the Federal Republic is ruled by a government chosen by
the people through orderly elections based on universal
suffrage. Around 87 percent of voters normally participate in
national elections, but local contests attract significantly
lower participation. Candidates for public office are usually
members of political parties but are not required to be. The
Basic Law and the state constitutions contain provisions that
only parties achieving at least 5 percent of the vote can be
represented in the Federal and state parliaments. New
political parties are free to form and enter the political
process. Although party discipline plays an important role,
voting on issues in the Bundestag is ultimately a matter of
individual decision.
926
FEDERAL REPUBLIC OF GERMANY
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The International Society for Human Rights, Amnesty
International, and other smaller human rights organizations
freely conduct their activities in the Federal Republic. The
Government considers the international promotion of human
rights one of its highest priorities.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no discrimination in the availability of shelter,
health care, and education to all inhabitants, regardless of
race, religion, sex, ethnic background, political opinion, or
citizenship .
Since the passage of an equal employment rights law in 1982,
women are guaranteed equal employment in the workplace. They
play significant roles in all political parties and are
increasingly rising to management and leadership positions in
the private and public sectors. In organized labor, about 26
percent of union members are women, and a woman has served as
president of the second largest trade union since 1982.
Most women do not work outside the home. The rate of
participation of women in the labor force, about 38 percent,
is below the average in the European Economic Community, and
most working women are employed in traditional fields.
Moreover, protective legislation bars women from working in
certain heavy industrial occupations and also generally bans
night work. Young women experience difficulties in gaining
access to training in some traditionally male fields. Recent
court rulings and government pilot programs, however, have
helped break down some of these attitudinal and institutional
barriers .
CONDITIONS OF LABOR
Federal law generally prohibits the employment of children
under age 15 with a few exceptions: children aged 13 and 14
may do farm work for up to 3 hours per day or may deliver
newspapers for up to 2 hours per day; children aged 3 through
14 may take part in cultural events under stringent conditions
with regard to number of hours, time of day, and form of
activity. In the absence of minimum wage legislation, wages
generally conform to the pattern set in collective bargaining.
Federal legislation governs the hours of day young persons may
work and sets occupational safety and health standards.
Due to increased unemployment, the Government has pursued a
three-pronged policy with regard to foreign workers:
integration of longtime residents, limitation of further
entries, and repatriation aid for those willing to return to
their home countries. The foreign population stood at 4.6
million in 1986. Of this, 1.43 million are Turkish citizens,
and 1.36 million are citizens of EC countries. Over 1 million
are under the age of 16 years. Foreign workers totalled 1.6
million or 7.7 percent of the work force, and 36 percent were
organized in trade unions. A national debate has been under
way over whether the rights of these workers should be
broadened to permit unlimited residence and the right to vote
or reduced by limiting the right of entry for dependent
chi Idren.
927
GREECE
Greece is a republic with a democratically elected
Parliament. The party or coalition of parties with a
parliamentary majority names the Prime Minister and forms the
government. Several political parties vigorously and freely
contest periodic parliamentary and municipal elections, the
most recent of which were municipal elections in October
1986. The President of the Republic, who serves as Head of
State, is elected by Parliament.
The judiciary is independent of both the executive branch of
government and Parliament, and operates within a civil law
framework with precedents from Roman law and French and German
sources. Police practices respect detainees' rights.
A member of the European Economic Community, Greece is
classified as a developed country by United Nations
standards. It has a tradition of state intervention in the
economy and currently faces serious economic problems which
are intensified by a bloated public sector.
The full range of universally acknowledged human rights is
provided for by the Constitution, which includes many of the
provisions of the United Nations Universal Declaration of
Human Rights. Greece ratified the European Convention on
Human Rights in 1974, and in 1985 it recognized the competence
of the European Commission on Human Rights to accept petitions
from individual Greeks who wish to appeal human rights cases.
The Government, many of whose members suffered abuses during
the Junta period (1967-74), is sensitive to the protection of
individual freedoms. Most allegations of infractions fall in
the area of religious expression, which, however, is protected
within certain limits by the Constitution.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of politically motivated killing by
Government forces in 1987. The physical security of the
person is generally asssured in Greece. Nevertheless,
politically motivated terrorist acts have claimed a number of
lives in recent years. The domestic terrorist group "November
17," whose earlier victims included U.S. and Greek government
officials, claimed responsibility for the "kneecapping" of
Zaharias Kapsalakis, a physician, on February 4, 1987 and for
two bomb attacks in April and August against buses carrying
U.S. servicemen, which resulted in injuries but no deaths. A
second domestic terrorist group, the "First of May," claimed
responsibility for the attempted assassination June 21, 1987
of trade union leader Panagiotis Raftopoulos.
b. Disappearance
There were no reports of abduction, secret arrest, or
clandestine detention during 1987.
928
GREECE
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Freedom from torture is provided for by the Constitution and
respected in practice. In November 1984, the Parliament
passed legislation making the use of torture an offense
punishable by sentences ranging from 3 years to life
imprisonment. Allegations of isolated incidents of
maltreatment or torture of detainees were reported in the
Greek press in 1987, which also reported that the public
prosecutor in two cases filed charges against law enforcement
authorities. Amnesty International, in its 1987 Report
covering 1986, expressed concern about allegations of torture
and ill-treatment of prisoners and detainees.
Prison and detention facilities generally provide adequate
health care and diet. Greek human rights organizations and
the press charged during 1987 that certain aging prison
facilities are inadequate, resulting in maltreatment and the
denial of basic rights. No distinction according to social
class, race, sex, religion, or type of conviction is made in
the treatment of prisoners. Cases requiring medical treatment
receive special attention. Once sentenced, prisoners may be
visited by family members 3 times per week.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Freedom from arbitrary arrest or imprisonment is ensured by
the Constitution, and this provision is respected in practice.
Preventive detention does not exist in Greece. A person
arrested on warrant or while committing a crime must be
brought before an examining magistrate within 24 hours and
charged. This magistrate must issue a warrant of imprisonment
or order the release of the detainee within 3 days of the
examination unless special circumstances require a 2-day
extension of this time limit.
The Constitution further states that the maximum duration of
detention pending trial may not exceed a period of 1 year in
the case of felonies or 6 months in the case of misdemeanors.
A decision of a judicial council is required to extend these
maximum durations (by 6 or 3 months, respectively) in
exceptional cases. In practice, trials generally take place
within 4 months of the submission of charges.
Persons who have been arrested may petition a judicial council
for release pending trial. The council is required by law to
consider petitions within 5 days, but the limit is sometimes
exceeded in practice. Release is granted only in special
circumstances, e.g., for reasons of ill health, the standing
of the person in the community, or when it is deemed unlikely
that the person will become a fugitive. The council may also
impose other conditions, such as the posting of a bond.
Exile as a judicial remedy or government practice does not
occur in Greece.
The Constitution expressly prohibits forced labor, and no
violations are known to have occurred in practice.
e. Denial of Fair Public Trial
Fair and public trials are ensured by the Constitution and
provided in practice. Defendants enjoy a presumption of
929
GREECE
innocence. Defense lawyers are available to all accused
persons. A defendant or his attorney may confront witnesses.
Court sessions are public unless, as provided in the
Constitution, the court decides that privacy is required for
the protection of victims, when juveniles or moral offenses
are involved, or in matters of national security. The latter
provision is not abused. A legal provision permits a closed
hearing for the sensitive portion of cases dealing with public
order. In such instances, the court must publicly pronounce
its "reasoned decision" on matters heard privately. A
defendant may appeal a court verdict to an appeals court.
Military courts have no jurisdiction over civilians. A 1983
case involving the trial and sentencing of a U.S. serviceman,
in a manner which did not meet standards of due process set
forth in the applicable Status of Forces agreement, still
remains under review by Greek authorities. There are no
political prisoners in Greece.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The inviolability of the home as well as of an individual's
personal and family life is protected by the Constitution. No
house search may be made except in conformance with specified
legal standards and always in the presence of representatives
of the judiciary. Warrants, issued by a public prosecutor
(who is considered a judicial officer in Greece), are required
for an official to enter a private home. These constitutional
provisions are respected in practice. A constitutional
provision requires punishment and "liability for full damages
to the sufferer" for violations of the sanctity of the home
and for the abuse of power. The Constitution further ensures
privacy of correspondence and communication. Opposition
parties accused th^ Government of illegal surveillance
activity during 1987 and called for a parliamentary
investigation. The Government established an all-party
parliamentary investigatory committee to examine the matter.
Private infractions are prosecuted.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is provided for by the Constitution and
respected in practice.
The Constitution provides for freedom of the press and
prohibits censorship. Opposition viewpoints are constantly
presented in the active Greek press, and criticism of the
Government is unrestricted except by libel laws. Greece's
television stations are government owned and operated. The
political opposition (currently conservative and Communist)
asserts that news and information programming tends to reflect
the political perspective of the governing party, while its
own views are neglected. The Government's response is that
television is more open to the opposition than it was under
the previous conservative government. During elections,
television time is alloted to all major political parties
according to their relative strength.
In 1987 the Government sanctioned, pending enabling
legislation, the establishment of municipally owned radio
stations. Three such stations, which air a wide variety of
viewpoints, have been launched thus far. It is expected that
privately owned broadcast facilities, also envisioned under
930
GREECE
still pending legislation, will soon begin operations. In
December the Government announced regulatory guidelines for
municipally operated radio stations, which opposition parties
protested as being too restrictive. Two municipalities, both
controlled by the conservative opposition, attempted in late
1987 to commence transmission of foreign television
broadcasts. The Government demolished the structures where
the facilities were to be housed, and declared that it will
enforce a 1975 law which prohibits the transmission of foreign
television broadcasts by anyone other than the state-owned
radio and television corporation.
The Constitution allows for seizure, by order of the public
prosecutor, of publications which insult the President (the
Head of State), offend religious beliefs, contain obscene
articles, advocate a violent overthrow of the political
system, or disclose military and defense information. No
periodicals or newspapers are known to have been seized in
1987. Greece has strict libel laws. Violations of these laws
are prosecuted under established legal procedures with the
safeguards of due process.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is provided for by the Constitution.
Limits may be imposed on outdoor public meetings, however, if
police authorities determine that a serious disturbance of
social and economic life is threatened. A few demonstrations
by small extremist groups were prohibited in 1987 following
such determinations.
The right of association is ensured by the Constitution and
observed in practice. Workers and employers are free to
establish and join organizations of their own choosing without
previous authorization, to draw up their own constitutions and
rules, elect their representatives, and formulate their
programs. They are also free to join in confederations and
affiliate with international organizations. In 1987 an
estimated 35 percent of Greek wage and salary earners were
organized in unions. Both employer and trade union
organizations maintain relations with the International Labor
Organization. Trade union and employer organizations are
protected against dissolution by administrative authority.
The right to strike is provided for by the Constitution and by
statute to both public and private sector workers. Exceptions
are made for judiciary functionaries and those serving in the
security services, who are prohibited from striking. Other
employees of the State or public corporations, whose operation
is of vital importance in serving the needs of the society,
may only strike after 4 days* prior notice to their employer,
the relevant ministry, and the Ministry of Labor. Striking
trade unions in such categories are required to supply the
necessary staff to meet the essential requirements of the
population during the strike. In 1984 the Government
established procedures which placed greater restrictions on
the rights of public sector unions to strike. Although these
restrictions were criticized in some quarters, they were
neither enforced nor challenged in the courts. In 1987 the
restrictive legislation on public sector strikes was revoked
although the effective date for the change has not yet been
announced. Civil mobilization legislation, which allows the
Government to mobilize striking public sector workers it
considers vital to the economy, has been questioned on
constitutional grounds. In a 1986 case involving the civil
931
GREECE
mobilization and ultimate dismissal of Olympic Airlines
personnel, government enforcement of the law was upheld by
Greek courts.
The main political parties maintain trade union affiliates,
and most Greek trade unionists belong to or support one of
those affiliates. In general, the trade union affiliates
follow the guidance of their respective political parties.
The Confederation of Greek Workers (GSEE) is currently
controlled by PASKE (the governing Socialist Party's labor
arm) . Opposition labor factions boycotted or walked out of
the GSEE congress in April 1986 and charged--both domestically
and in international forums--that the present administration
is illegal. This charge was not sustained by the courts.
Labor unions are alleged not to be particularly effective in
Greece as a result of the fragmentation of the labor movement
and the central role of government in collective bargaining,
arbitration, and the resolution of labor disputes. The
Government has announced, but not yet implemented, a proposal
for a new framework which would eliminate its role as
arbitrator .
All Greek wage earners by law contribute 0.25 percent of their
basic wage to a Ministry of Labor organization known as The
Workers' Hearth. Employers make a matching contribution. The
Workers' Hearth uses this fund to finance trade union
activities, apportioning funds to the unions in accordance
with membership figures. The Minister of Labor has
discretionary control over 8 percent of these funds.
c. Freedom of Religion
The Constitution provides for freedom of religion and
prohibits discriminatory practices against religious
minorities, which in Greece include small communities of
Muslims, Jews, and non-Orthodox Christians. The Constitution,
nevertheless, establishes the Eastern Orthodox Church of
Christ, to which some 98 percent of the population at least
nominally adheres, as the "prevailing" religion of Greece. In
addition, it prohibits proselytizing by any religious group
and bars exemptions for persons from discharging their duties
to the State (i.e., military service) by reason of their
religious convictions. As a result of these provisions,
certain non-Orthodox religious groups, particularly
evangelical sects, have encountered significant difficulties
of a legal or administrative nature.
In the past, the constitutional prohibition on proselytizing
led primarily to the arrest and prosecution of Jehovah's
Witnesses, although other non-Orthodox religious groups were
also affected. The courts have recently held, however, that
simple distribution of literature does not constitute
"proselytizing," thereby sharply reducing the number of
arrests. In December 1986, the courts convicted two local
religious leaders who had attempted to prevent the
distribution of religious material of Jehovah's Witnesses.
Non-Orthodox religious groups have experienced difficulties as
well in obtaining permits for the construction of places of
worship. A building permit must be obtained from the Ministry
of Education and Religion, which, in turn, must consider the
opinion of the Eastern Orthodox hierarchy. In the past, some
evangelical religious groups have been denied such permits.
932
GREECE
These groups have then appealed the Government's decision in
the courts — without success.
The Constitution includes the provision that "no person shall
be exempt from discharging his obligations to the State or may
refuse to comply with laws by reason of his religious
convictions." Those persons most affected have been Jehovah's
Witnesses who refuse on religious grounds to fulfill their
military service obligation. In deference to them, the
Government in 1977 modified the compulsory military service
law to provide for alternative, noncombatant military
service. Those refusing this alternative after induction are
tried by military courts and sentenced to military prison, for
a period twice that of normal service. Currently, a portion
of this sentence may be served in a civilian minimum security
prison (frequently agricultural), where each day served is
credited as 2 days toward fulfillment of the sentence. In
1987 draft legislation was introduced in Parliament (but has
not yet been considered) which will extend alternative
noncombatant military service for those who refuse to bear
arms for ideological reasons.
The Muslim minority of approximately 126,000, made up of
ethnic Turks, Pomaks, and some Gypsies, is principally located
in Thrace in northeastern Greece. There are over 250 mosques
in Greece. Muslims still disagree with the Government over
the manner of appointment in December 1985 of a new religious
leader (who also has judicial and administrative
responsibilities) in one of the Muslim communities in Thrace,
an appointment they argue should have followed the provisions
of a 1920 Greek law. Greek authorities contend that this law
was never implemented and is invalid and that all Muslim
religious leaders (mufti), including the 1985 appointee, are
selected according to a procedure dating from 1923, the date
of the Treaty of Lausanne between Turkey and the Allied
Powers. Under this method, the Government consults with
Muslim leaders and then appoints the mufti from a list of
qualified candidates.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution ensures freedom of movement within the
country, foreign travel, and emigration. This right is
generally respected in practice. Persons intending to
emigrate and those returning to Greece experience no
discrimination. The Greek citizenship code authorizes the
revocation of citizenship of a citizen who is of foreign birth
and is residing abroad with no intention of returning to
Greece. Some Greek Muslims allege that their Greek
citizenship was revoked while they were staying in Turkey.
The Government states that the provision is used very
sparingly, and only after it is determined that the citizen in
question has severed material ties with Greece and established
a permanent residence elsewhere. In 1982 the Government
issued a decision which facilitates the repatriation of Greek
citizens who have been in political exile in Eastern Europe
since the end of the civil war in 1949.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Greece is a multiparty democracy in which all citizens enjoy
full political rights, without regard to race, sex, religion,
or political persuasion. Greek citizens freely choose the
933
GREECE
laws and the officials governing them. The opposition parties
function freely, have access to the media, and hold public
meetings.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has not objected to visits and investigations
by human rights organizations. Domestic human rights
organizations are allowed to operate freely and actively
assist those who believe that their rights have been
violated. The Government also participates in multilateral
human rights organizations.
Section 5 Discrimination Based en Race, Sex, Religion,
Language, or Social Status
Both the Constitution and the Revised Family Law grant women
the same individual, political, and social rights as men.
Women leaders play a secondary role in the political life of
the country, (e.g., there are 11 women in the 300-member
Parliament). Women are represented in the Cabinet, and five
serve as regional governors. The position of women in Greek
society has undergone rapid change in conjunction with the
process of industrialization and modernization, with
increasing proportions joining the salaried labor force.
Although the Constitution and legislation mandate equal wages
for men and women performing the same task, disparities
continue to exist. According to government data, in March
1987 the average wage for women in industry was about $16.70
per day, while men received an average of about $20.10. The
Government's explanation for this disparity is that women have
less night work and overtime, have fewer duties, and do not
receive a family allowance. The Government has given
concerted attention to the role of women, has instituted
significant reforms in marriage, divorce, and property laws,
and has expanded services to women in unemployment, family
planning, and child care.
The Treaty of Lausanne includes provisions relating to the
educational and cultural rights of the Muslim minority, who
are Greek citizens. Two Muslim members serve in the national
Parliament. Many villages in Thrace regularly elect Muslim
mayors .
Members of the Muslim community complain that Turkish-language
teaching materials imported from Turkey are vetted by Greek
officials, as are Turkish teachers assigned to Muslim
schools. The Greek Government states that educational
materials and teachers are examined to ensure they meet Greek
standards, according to the terms of a 1968 reciprocal
agreement with Turkey. Muslim leaders have also complained
that Muslims are not allowed to purchase land from
non-Muslims. Greek officials maintain that there is no
impediment to the Muslim right to purchase land, and that
purchases have been made. Muslim minority associations in
western Thrace have been denied the use of the word "Turkish"
to describe themselves on the grounds that the Treaty of
Lausanne recognizes only a Muslim minority in Greece. Greek
courts have upheld this ruling.
Tensions between Greece and Turkey have made each country's
perception of the treatment of its coreligionists in the other
country a sensitive issue, and both countries have viewed
934
GREECE
human rights questions in light of historical and political
differences. There is no evidence, however, of a generalized
pattern of political, religious, or cultural repression of the
Muslim community or a deliberate policy of discrimination by
the Greek Government.
CONDITIONS OF LABOR
The minimum age for work in industry is 15. However,
legislation and regulations provide alternate minimum ages for
work in specified areas or specific jobs. For example, those
performing loading or unloading work must be at least 18,
while workers for the ports of Piraeus and Thessaloniki must
be 21. In family businesses, theaters, and the cinema the
minimum age is 12 years. These age limits are generally
respected, except in families engaged in agriculture or
merchandising, in which younger children often assist part
time or full time.
The minimum daily wage in Greece as of September 1, 1987, was
$13.50. Minimum wages and salaries, established by the
national collective bargaining agreement and by branch
collective bargaining agreements, are generally respected by
employers. Employees who believe that they receive less than
the minimum to which they are entitled may file a complaint
with either the Ministry of Labor or the National Social
Security Scheme which promptly investigates the allegation.
The workweek is 40 hours in the private sector and 37.5 hours
in the public sector.
Minimum standards of occupational health and safety are
provided for by legislation. Although the Greek Confederation
of Labor characterizes health and safety legislation as
satisfactory, it charges that enforcement of the legislation
is inadequate and cites the high number of job-related
accidents. The National Statistical Service reported, for
example, that in 1983, 2.4 percent of workers insured by the
National Social Security Scheme were injured at work.
Enforcement reportedly suffers because of inadequate
inspection, failure to enforce compliance with regulations,
and outdated industrial equipment and plant.
935
HUNGARY
The Hungarian Socialist Workers (Communist) Party maintains a
monopoly on political power. The party leadership rules the
country through the Council of Ministers (executive branch)
and the National Assembly (legislative branch). The Soviet
Union has over 60,000 troops stationed in Hungary.
The secret police and other coercive institutions are active
and powerful. Through the 1968 Police Surveillance Law and
subsequent decrees strengthening the powers of the police, the
authorities have ample means to enforce party policy and state
control over the activities of the population.
As a result of party policy initiated in the 1960's launching
of economic reforms and fostering increased personal economic
well-being, Hungarians now enjoy a relatively high standard of
living in Eastern Europe. Moreover, Hungary remains the most
tolerant and innovative of the East European Warsaw Pact
countries in the internal economic and political arrangements
used to maintain control. In recent years, the regime has
increasingly staked its legitimacy on an ability to deliver
goods and services more succesfully than elsewhere in Eastern
Europe. However, recent problems, e.g., slow economic growth
and the high foreign debt burden, led the Government in
September to announce austerity measures, including personal
income and value-added taxes and price increases, which will
cause the standard of living to fall.
Hungary's human rights record in 1987 continued to be flawed
but has not deteriorated since 1986. The police have
harassed, searched, convicted, and fined dissidents for
various activities, such as publishing uncensored underground
materials. They have sometimes denied dissidents passports
for travel abroad and broken up unauthorized public
demonstrations. Since the mid-1970's, however, the
authorities have refrained from imprisoning dissidents, most
of whom participate regularly in political and other
discussions in private gatherings and are not prevented from
traveling abroad.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There is no evidence that killing for political reasons
occurred.
b. Disappearance
There were no reported disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
No known instances of torture have occurred in Hungary in
recent years. Citizens, in principle, may bring complaints
against the police.
There are three levels of punitive incarceration in Hungary:
"workhouse," which allows some privileges, such as visiting,
outside work, and leaving; "jail," which is more punitive; and
"prison," which means a maximum-security penitentiary.
936
HUNGARY
Confinement conditions vary in relation to the category of
incarceration, but all levels are believed to provide adequate
diet and health care. Hardened criminals are confined
separately from those convicted of petty crimes. With varying
degrees of frequency, depending on levels of imprisonment,
prisoners have rights to visitation by family members, other
relatives, and friends. While there does not appear to be
systematic mistreatment of prisoners, there are possible
exceptions. Zsolt Keszthelyi, who was sentenced in April to 3
years' imprisonment (reduced in May to 2 1/2 years) for
refusing compulsory military service on political grounds, has
reportedly been incarcerated together with felons and beaten
while in custody.
The Hungarian authorities have rarely engaged in abuse of
psychiatry, i.e., the commitment of sane persons to
institutions for the mentally ill as a form of punishment, and
there were no reports of such practice in 1987.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Citizens are generally not subject to arbitrary arrest. Upon
arrest, a detainee must be informed in writing of the offense
he or she is suspected of having committed and may be held at
a police station for a maximum of 72 hours before charges must
be filed. There is no right of bail or provisional pretrial
liberty. In cases of suspicion for major crimes, a person may
be held in jail for 30 days before trial, and this period may
be renewed twice for a maximum of 3 months.
The penal code contains an article on incitement which permits
officials to prosecute for a wide range of utterances or
statements. It is not clear how many cases of incitement
involve political matters. A vaguely worded penal code
provision concerning espionage allows the authorities to
interpret broadly the kind of "data" which may not be conveyed
to a foreign government or organization. The Police
Surveillance Law was strengthened in 1985 to permit the police
to place under surveillance or in internal exile any citizen
or resident of Hungary above the age of 16 for a period of 2
years, renewable for an additional year, if that person's
attitude is judged to represent a permanent danger to the
internal order or public security of the country. There is no
indication that the law was used for political purposes in
1987.
Under an amendment to the penal code which went into effect in
1985, a person "who is capable of working but follows a way of
life of vagrancy" may be punished by loss of liberty for up to
2 years, by reformatory and educative labor, or by a fine.
Under this law, "work-shirkers" may be sentenced to a specific
workplace, such as a state farm, a mine, or the state
railways. Although Gypsies have been prosecuted under this
law, there is no evidence of its use against political
dissidents. There have been no reports of forced labor.
e. Denial of Fair Public Trial
There are few closed trials in Hungary. The Constitution
stipulates that all court proceedings are open, except for
cases specifically exempted by law. Those which are closed
usually involve "national security," not otherwise defined.
In general, judicial procedures are investigatory rather than
adversarial in nature. There is no trial by jury. Defendants
have the right to choose their own counsel. Nonpolitical
937
HUNGARY
trials are more likely to be handled in an impartial manner
than are trials involving offenses considered to be political.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for citizens' personal freedom and
inviolability, the secrecy of correspondence, and the privacy
of the home, but these provisions are violated when it is in
the State's interest to do so. Search warrants are generally
obtained. House searches are conducted by a court order and
must be carried out in the presence of two witnesses. A
written inventory of items removed from the premises must be
prepared. These procedures are generally adhered to. In
politically motivated cases, however, police have been known
to conduct house searches without warrants on the pretext of
"suspected housing code violations."
Since the 1960's, Hungarian authorities have become more
tolerant with respect to a person's private activities.
Formal systems for gathering information on people, such as
the widespread use of informers and block wardens and overt
intrusions of the police into the daily life of persons, have
been substantially curtailed. It is widely assumed, however,
that the authorities tap private telephone lines and open
correspondence when they have an interest to do so. They also
use job-related sanctions and occasional harassment, control
of duplicating machines, searches and seizures of printing
materials, and penalties for persons without officially
approved employment as means of exerting social control.
Hungarians may subscribe to Western publications although such
subscriptions are relatively expensive. Parents who provide
religious instruction to their children in their homes are not
harassed. Membership in the Communist party or in party youth
and other organizations is not mandatory, though the absence
of membership may have an adverse impact upon career
possibilities in some fields. Nonetheless, membership in
youth organizations seems to have declined substantially.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for free speech and a free press,
but these provisions are qualified by the need to conform to
the "interests of socialism and the people." The Government
has shown a general willingness to tolerate some expressions
of dissent without making an explicit reply or rejoinder.
The Prime Minister told an international press conference on
September 18 that the Government is open to dialog with those
who hold opposing views but not with those who do not respect
the law. He stated that the authorities assume those who hold
differing views also are interested in advancing the
development of the country, although by using different
methods and instruments. The regime, therefore, maintains a
distinction between well-intentioned and hostile opposition,
and political expression remains subject to rigorous scrutiny
and substantial control.
The Government is prepared to harass political dissidents to
keep them in check and has occasionally expelled them or
encouraged their departure to the West. No prominent
dissidents were arrested in 1987 for opposition activity.
938
HUNGARY
although several faced potential jail terms for having failed
to pay fines for various alleged offenses, including improper
receipt of child payments and possession of an unauthorized
mimeograph machine. In all cases, however, tacit compromises
were achieved between these persons and the authorities which
avoided jail terms, even though the fines were not paid.
Identified dissident activity in Hungary remains largely
confined to several hundred intellectuals who live primarily
in Budapest. Hungarian dissidents meet regularly for private
discussion of political and other topics. Two documents
circulating almost openly during 1987 merit particular
mention: the 60-page special edition of the samizdat
(self-published) Beszelo entitled "The Social Contract:
Prereguisites for Resolving the Political Crisis," and a
7-page September 8 "open letter" to members of the Hungarian
Parliament from over 100 prominent intellectuals, including
some members of the opposition. "The Social Contract"
included what amounts to a listing of deficiencies in
Hungarian human rights performance: one-party rule outside of
legal checks and controls, arbitrary censorship, and the lack
of cooperative trade unions or freedom of association. The
"open letter" pointed out that the reconciliation of diverse
interests within Hungary is not aimed at achieving democracy
and is unable to secure consensus or strengthen governmental
power. The documents were focal points for dialog between the
opposition and the regime, which included a letter from the
Prime Minister to a signer of the open letter, a public
meeting in late September attended by the Secretary General of
the Patriotic People's Front, and other private meetings.
Several groups of dissidents are active in the preparation and
distribution of prohibited books and articles in samizdat form.
More established samizdat journals, such as Beszelo,
experienced limited harassment during 1987, including a March
11 police raid in which 100 copies of the latest issue were
confiscated. Demokrata coeditors suffered house searches and
some confiscations of manuscripts and printed materials.
Two-thirds of a freshly printed edition of Demokrata was
confiscated by 20 policemen on the evening of August 27. The
printing press of the fledgling Egta-jak Kozott (Between the
Posts) was confiscated on May 26 and July 13, and a large
quantity of copies was also seized on April 1. Gabor Demszky,
an editor of Hirmondo, was detained overnight June 29 after
police stopped him for "illegally" parking his car near his
Budapest apartment. The police used the opportunity to seize
a number of copies of a novel by the Czech emigre author Milan
Kundera which was being translated into Hungarian.
Party and government authorities closely supervise the press,
radio, and television, all of which are government owned. All
must adhere to the party's ideological guidelines. While
carefully nuanced differing views appear in the press, they
are usually well within the general constraints imposed by the
party; direct criticism of the Government and party is not
permitted. By East European standards, Hungary permits
substantial access to Western literature, films, television
programs, and publications. Major Western periodicals,
including the International Herald Tribune, Le Monde, The
Times, and Die Presse, are available for local currency at
selected kiosks and transportation centers.
Western viewpoints can infrequently be heard on Hungarian
radio and television, which tend, like Hungarian newspapers,
to establish their editorial lines through appropriate
939
HUNGARY
selective quotation from Western and other Eastern press
agencies and sources. The views of Western spokesmen have
been broadcast together with those of other participants in
panel discussions, and there is straight reporting of Western
officials' comments on issues such as U.S. -Soviet arms talks.
Hungary does not normally jam Western radio broadcasts.
Austrian and Yugoslav radio and television broadcasts reach
much of the country.
Pervasive self-censorship supplements formal censorship in
determining the boundaries of free expression. The Hungarian
army's chief censor said in an interview in the April 14
official newspaper Magyar Hirlap that the Constitution
"guarantees" freedom of the press and, accordingly, everyone
has the right to publish his or her ideas through the press,
provided that they do not contravene the Constitution. De
facto guidelines provided by the 1986 press law have had a
mixed impact.
Film is the public medium which enjoys the greatest degree of
freedom of political expression. Significantly, Hungarian
films are produced before undergoing governmental review for
public showing. This means that the making of controversial
films is not prohibited, but politically controversial
productions may be kept from public view for years.
b. Freedom of Peaceful Assembly and Association
Although the Constitution provides for freedom of assembly and
the right to form associations, governmental approval or tacit
acceptance is required for the exercise of such rights. For
example, the police in January confiscated an art exhibit
commemorating the 1956 revolution, but on March 15 deftly
handled a major demonstration and march commemorating the 1848
revolution. The Government allowed the erection and
dedication on May 15 of a major Budapest monument to missing
Swedish diplomat Raoul Wallenberg, who saved thousands of
Hungarian Jews prior to his 1945 arrest by the Soviets. A
Western ambassador, however, was denied permission to address
the gathering. Heavy police presence at the dedication
ceremonies symbolized official unease and was responsible for
limiting public attendance. While demonstrations were for the
most part handled without resort to force, about 70-80 police
physically broke up a wreathlaying ceremony on June 16 at
Budapest's Batthyany Memorial commemorating former Prime
Minister Imre Nagy's death and used low-level force to disrupt
a June 23 demonstration which had the same purpose. The
significant police presence may have contributed to heading
off demonstrations for the October 23 anniversary of the 1956
uprising. In general, the authorities remain more tolerant of
gatherings in private homes.
The Hungarian National Trade Union Council, the largest of all
mass organizations, is for the most part controlled and
directed by the party. It serves the purpose of indoctrinating
workers in party policy as well as representing worker
interests within certain bounds. The chairman of the council
is a member of the party Politburo. He represents the council
in meetings with the party leadership and with the Government
over labor policy, economic planning, prices, wages, and other
economic issues. At the local and enterprise level, the
council has a veto right over state nominations of managers
and administers a system of distribution of bonuses, profit
sharing, enterprise-controlled housing, health care, union
vacation plans, and other benefits. Stewards can veto
940
HUNGARY
management decisions on personnel actions, plant safety, and
other work-related issues which do not comply with collective
agreements and labor regulations. Disputed questions are
referred to higher authorities for arbitration.
The Constitution does not provide for the right to strike.
Although work stoppages have reportedly taken place in local
industries in recent years, there has not been a major strike
affecting an entire industrial sector in over a quarter of a
century.
c. Freedom of Religion
Although freedom of conscience and freedom of religious
practice are ensured in the Constitution, they are subject to
restrictions. The State in principle opposes but does not
rigorously impede the practice of religion. Steadfastly
committed to atheism, the authorities for tactical reasons
profess the acceptability of believers and nonbelievers working
together in the interest of "Socialist society." All
denominations that will accept the Socialist state are
officially recognized. The Government has generally
maintained good relations with the hierarchies of the major
religious denominations, many of which have representatives in
the Parliament. The profession of religious beliefs, however,
can limit the citizen's advancement in government, industry,
and the professions. Party members and those in the teaching
profession are not allowed to be active religious
practitioners .
Religious denominations in Hungary have generally good access
to religious materials, including Bibles and prayer books. In
many cases, they print their own. They also publish
periodicals and newspapers. The State sets numerical limits
and imposes censorship on books, but for some smaller
denominations the main limiting factor is financing.
Churches do not act as organizing centers for dissent.
However, a growing number of primarily young believers have
formed loosely affiliated, grass-roots organizations called
"basic communities," which function outside or on the
periphery of official church structures. The authorities have
not detained or arrested clergy, but over 100 young men were
sentenced to prison terms ranging up to 3 years for refusing
military service. The right of conscientious objection to
military service is recognized for two denominations, the
Nazarenes and the Seventh-Day Adventists, because it is a
precept of these religions.
The major religions have theological training institutes,
though limits are imposed on the number of seminarians. The
State permits construction of some new places of worship. At
the request of the late Catholic primate. Cardinal Lekai, a
new church was built and dedicated in 1987 in a fast growing
suburb of Budapest. In the last 20 years, approximately 50
new Baptist churches have been built in Hungary. The Baptist
construction, partially funded by overseas contributions,
illustrates the close connections Hungarians maintain with
their coreligionists and hierarchies in other countries.
Religious leaders may generally travel abroad so long as they
have adequate hard currency resources for the purpose.
941
HUNGARY
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
All adult citizens are issued an identity booklet, which they
must carry at all times. They must register with local police
when moving from one locality to another. However, no
permission is reguired for moving within Hungary, except to
Budapest, where overcrowding has led the Government to
restrict the number of new inhabitants.
Foreign travel is relatively easy, the chief constraint being
restrictions on the amount of hard currency available.
Hungarian citizens may travel freely in Eastern Europe, with
visas required only for the Soviet Union and Yugoslavia. They
may travel to the West on family visits once a year if
relatives abroad pay the costs. Nonfamily trips are allowed
every 3 years, and a modest hard currency allotment is
available. According to Hungarian sources, 5.2 million
Hungarians--Hungary ■ s population is 10.6 million — traveled
abroad in 1984, 5.5 million in 1985, and 6.2 million in 1986.
The Government, however, reserves the right to refuse
permission to travel in cases of "state security."
Officially, some 0.2 percent of passport requests have been
refused, or between 4,200 and 5,200 per year. The authorities
continue to invoke security provisions of the law as grounds
for denying or impeding passport issuance to a small number of
dissidents. On the other hand, Sandor Racz, Budapest's 1956
Workers* Council leader, was allowed to leave Hungary for the
first time to travel to the United States as a guest of the
American Federation of Labor-Congress of Industrial
Organizations .
In October, amid considerable publicity, the authorities
announced details of a new passport regulation taking effect
on January 1, 1988, which abolishes exit visa requirements but
requires that the traveler have a passbook showing sufficient
legally acquired foreign currency. Passports will be valid
for 5 years for travel to any country. Passport applications
reportedly will be simplified and distributed at 135 police
stations rather than at police headquarters only. Although
the new procedures should enable virtually any Hungarian with
the requisite amount of legally acquired hard currency to
travel abroad, the requirement for currency exchange
certificates, as well as regulations providing for rejection
of passport applications of persons subject to prosecution,
could provide scope for manipulation and continued delays of
passport requests.
Emigration for those of working age is allowed only for
reasons of family reunification, defined as joining a parent,
spouse, or child abroad. It may be refused, if the relative
is abroad without permission from the Government, until 5
years have passed since that person's departure. However, the
law provides for exceptions to all restrictions in individual
cases, and persons who are refused permission to emigrate may
appeal and reapply. Reapplications are sometimes successful,
especially if there are special humanitarian considerations.
Approximately 90 percent of Hungarians who are eligible to
apply to emigrate for purposes of family reunification receive
permission. Permission is virtually guaranteed to a Hungarian
over 55 years of age.
Those who do not receive permission to emigrate normally
suffer no official sanctions, such as loss of employment or
942
HUNGARY
housing. Emigrants are allowed to take a modest amount of
personal property with them. Persons who have emigrated
legally from Hungary may apply to return for resettlement, but
their right to return is not guaranteed. They must establish
that there is housing and employment or other income available
to them. Persons who have left Hungary illegally or who have
defected are subject to criominasl penalties. Such persons
may be tried in absentia and sentenced to the confiscation of
their property and a suspended jail term of up to 3 years.
Those charged with minor travel-related infractions may be
denied permission to travel abroad for up to 5 years.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government:
Citizens are not free to change the system of government.
Hungary is ruled by the leadership of the Hungarian Socialist
Workers Party. Open political activity is not possible
outside the party or party-sanctioned organizations. The
party uses mass organizations such as the Patriotic People's
Front, trade unions, and the Communist Youth League to elicit
public support. To a growing extent, the party invites the
opinions and recommendations of nonparty organizations (for
example, cooperative associations) on policy proposals in
which they have an interest, but implementation is at the
discretion of the party.
Official theorists are exploring the possibility of redefining
the leading role of the Communist party in a more limited
fashion. A party leader told a national conference on
ideology in February that the Hungarian Socialist Workers
Party, in pressing the hegemony of Marxism-Leninism on
Hungarian society, nevertheless realized that a plurality of
views continued to exist in that society.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government refuses to accept outside charges or
investigations of alleged human rights violations on the
grounds that this is "interference in internal affairs."
Hungary has shown, however, a willingness to engage in
discussions with other governments on all aspects of the
Helsinki Final Act, including its human rights provisions.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Both in theory and in practice, Hungary is sensitive and
responsive to the cultural aspirations of its recognized
ethnic minorities. Schools providing instruction in the
mother tongue and varieties of ethnic expression are
encouraged on a nondiscriminatory basis. A major reason for
this policy is the hope of creating a "demonstration effect"
which will indirectly benefit the millions of Hungarians
living as minorities in adjacent countries. Although national
minority groups are encouraged to form their own associations,
nonnational groups do not enjoy the same degree of freedom.
A large number of Gypsies (estimates range up to 5 percent of
the population) live in Hungary. They are not recognized as
an official minority. The Government engages in many programs
specifically designed to raise the standard of living of
Gypsies and to help them to be absorbed into the mainstream of
943
HUNGARY
Hungarian life. However, Gypsies are, on the average,
considerably less well educated and poorer than the majority
Magyar population or the recognized ethnic minorities. Candid
discussion continues to appear in the press and specialized
literature about the social and economic difficulties
experienced by Gypsies, including the fact that considerable
popular prejudice against them exists.
Women account for one-eighth of the management positions in
Hungarian industry and agriculture. Approximately half of
them attained these positions in the past 5 years. Women's
share of senior positions, such as general director at state
industrial complexes, is considerably lower. Women's share of
professional positions has been increasing. About 8 percent of
Hungarian women are professionals, compared to nearly 9
percent of men.
More than one-fifth of the members of the National Assembly
are women. There are very few women at top levels in the
Government or party. One member of the 23-person Council of
Ministers and a cabinet-level official are women. In the
19-member Presidential Council (collective presidency), there
are 4 women.
CONDITIONS OF LABOR
The minimum age for the employment of children is 15, with
restrictions pertaining to shift and night work. There are no
restrictions on minors older than 16 years of age. Although
there is no national minimum wage in Hungary, wage charts are
set for each profession according to the qualifications of the
jobholder. The average official workweek is approximately 45
hours. All Hungarians have a right to a minimum of 15 days'
paid vacation per year; they are entitled to 1 additional day
for each 3 years of service.
944
ICELAND
Iceland is a vigorous, multiparty, parliamentary democracy in
which freedom of the press and freedom of association are
sacrosanct. Its literate and educated people participate
in high percentages in regular fair and free elections which
determine the distribution of power among political parties
and leaders.
The civil and criminal justice systems offer equal protection
to all. The nation has no indigenous military forces or
political security apparatus.
Iceland has a mixed open economy in which all of its citizens
enjoy the right to hold private property.
Icelanders have long been strong defenders of human rights
both at home and internationally, and the country has an
exemplary human rights record.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Political killings do not occur.
b. Disappearance
There were no cases of abductions, hostage taking, or
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and cruel, inhuman, or degrading treatm.ent or
punishment are all prohibited by law and do not occur in
practice. The operating methods of the police and prison
conditions in Iceland are excellent, and there are no known
instances of beatings or any other abuses.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Due process is provided by law and observed in practice. The
Icelandic Constitution states that any person detained by the
authorities must be brought before a judge within 24 hours and
either charged, released on bail, or released unconditionally.
Any unfavorable judicial ruling at that point may be appealed
immediately to a higher court. Preventive detention and
forced labor are not practiced. There were no allegations of
arbitrary arrest.
e. Denial of Fair Public Trial
Defendants may confront witnesses and otherwise participate in
public trials which are fair and free from intimidation. In
addition, defendants are guaranteed the right to competent
legal counsel of their own choice. In cases where defendants
are unable to pay attorney fees, the State does so. The
courts are free of political control. Although the lower
court system is administered by the Ministry of Justice, the
Supreme Court carefully guards their independence and
fairness. Juries are not normally used, but multijudge panels
945
ICELAND
are common, especially in the appeals process, and due process
is rigorously observed. There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the Constitution and in practice, there is longstanding,
deep respect for the autonomy and rights of individuals. A
warrant from a court is required for entry into a home except
in cases of hot pursuit. Arbitrary intrusions by official
entities, political organizations, or any other organized
group into the private beliefs or personal liberties of
individuals did not occur.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution expressly forbids censorship and other
restrictions on the freedom of the press and a person's right
to express his thoughts. Individuals and the media exercise
the right to criticize the Government freely in this
pluralistic society. In Iceland's schools and institutions of
higher education, most of which are publicly owned, academic
freedom prevails.
b. Freedom of Peaceful Assembly and Association
The Constitution provides that persons have the right to join
together formally or informally to form associations without
governmental authorization. A varied and wide spectrum of
voluntary organizations plays a vital role in Icelandic
politics and society. All such organizations and groups are
free to maintain international contacts. In addition, the
Constitution provides for the right to assemble unarmed,
except when it is feared that such gatherings may cause
riots. In practice, plans for public meetings are virtually
never forbidden, and the authorities anly rarely modify them.
Workers and employers make extensive use of the rights to
establish organizations; draw up their own constitutions and
rules; choose their own policies and representatives; and
bargain collectively on wages, working conditions, and other
related issues. More than 90 percent of all employees belong
to labor unions. With only a few limited exceptions, unions
have and utilize the right to strike when differences over
wages or working conditions cannot be resolved at the
bargaining table. In short, labor relations are highly
organized and democratic. Labor unions are active and
influential in the nation's economic and political life.
c. Freedom of Religion
Although the Lutheran Church is the established church of
Iceland and the vast majority of citizens are nominally
members, there is complete freedom for other faiths. A
variety of both Christian and non-Christian faiths are allowed
to proselytize freely. Religious affiliation is not a factor
in political or economic life.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Icelanders have freedom to travel at home and abroad, to
emigrate, and to return to Iceland at will. Refugees, of whom
946
ICELAND
there are few, are never compelled to return to a country in
which they would face persecution.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The political system is an open, fully functioning,
parliamentary democracy in which voters freely choose the
members of Parliament who, in turn, make the laws of the land
and determine the composition of the Cabinet. Parliamentary
elections are held at 4-year intervals unless Parliament
dissolves itself before the end of its full term.
In the last parliamentary election in April 1987, seven
political parties ran slates of candidates in all eight of
Iceland's multimember electoral districts, and three more
parties ran slates in one or more districts. As a result of
the votes cast in this election, seven parties won seats in
Parliament, including two which had not previously had seats.
Because no single party had a majority of seats in Parliament,
negotiations among the parties resulted in the orderly
transfer of power to a new three-party coalition government in
July 1987.
Iceland's Parliament (the Althing) reflects the political
views of a broad spectrum of the population rather than of any
single individual or clique. Voting in elections and
membership in the various political parties are open to all
citizens who are 18 years of age or older; primary elections
are used to select most parliamentary candidates; multimember
districts and proportional representation increase the chances
for minority viewpoints to be represented; and there is a
strong cultural insistence on having the views of all
significant groups represented.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No serious human rights violations are alleged to have
occurred. However, one Icelander has raised the question of
whether it is a violation of his human rights for the same
local official both to accuse him of violating a traffic law
and to pass judgment on his guilt. This case reportedly has
been referred to the European Commission on Human Rights.
Several human rights organizations are active, including
Amnesty International which did not comment on Iceland in its
1987 report. The Government and populace of Iceland support
international efforts to improve human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Iceland's ethnically homogeneous population is fiercely
egalitarian and opposed to discrimination regardless of
whether based on sex, religion, or other factors. Women's
average wage rates in nonagricultural employment in 1985
amounted to 90.4 percent of those of men. Although women have
long participated freely in the nation's social, economic, and
political life, they nevertheless continue to be
underrepresented in the professions, management, and politics.
Women in all of Iceland's political parties are continuing
efforts to expand their roles and power. One political group.
947
ICELAND
the Women's List, which ran slates in all eight electoral
districts in the last parliamentary election, has this as its
primary goal. In the April 1987 parliamentary election, the
Women's List succeeded in raising its share of the popular
vote to 10.1 percent compared with 5.5 percent in the 1983
election) and won six seats in Parliament (compared with three
in the previous election). As a result, women now hold 13 out
of 63 seats in the Althing. A woman holds 1 of the 11 Cabinet
ministries, and Iceland's popularly elected Chief of State,
the President, is a woman.
CONDITIONS OF LABOR
In the workplace, Icelandic workers are protected by laws
which effectively ensure their health and safety as well as
guarantee them unemployment insurance, paid vacations, and
reasonable working conditions and hours. The employment of
children below the age of 16 in factories, on ships, and in
other places where hazardous conditions prevail or hard labor
is required, is prohibited by law. Largely as a result of the
efforts of unions, the prevailing level of minimum wages is
sufficient to give workers and their families decent living
conditions. Food, shelter, health care, and education are all
guaranteed without discrimination to those who lack adequate
income because they are too old, too young, sick, or otherwise
disadvantaged .
948
IRELAND
The Republic of Ireland is a parliamentary democracy with a
long tradition of orderly transfer of power. Individual
liberties and civil rights are provided for by the 1937 Irish
Constitution and subsequent Supreme Court interpretations.
Public safety is maintained by a civilian police force.
Successive Irish governments have had to deal with the
spillover into the Republic of violence in Northern Ireland.
This violence led Irish authorities to adopt special
legislation in 1984 granting the police increased powers to
detain and interrogate those suspected of acts of terrorism.
During 1987 the Government sought to apply this legislation
with restraint, although some observers remain concerned at
the potential use of these powers in cases where no connection
with is apparent.
Recent Irish governments have successfully promoted
industrialization and diversification, raising living
standards considerably.
In 1987 human rights were respected both in theory and
practice. The Government places strong emphasis on human
rights in formulating foreign policy, and Ireland plays an
active role on human rights questions in the United Nations.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Politically motivated killings occasionally occur in Ireland
as a spillover from the violence in Northern Ireland. In 1987
a small number of killings occurred, primarily the result of a
feud within the Irish National Liberation Army (INLA). The
Government uses the full force of law to pursue and prosecute
such cases wherever possible.
b. Disappearance
People are not abducted, secretly arrested, or held in
clandestine detention by the Irish authorities.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Freedom from torture and other cruel, inhuman, or degrading
punishment is respected in practice by the Government. From
time to time, there have been reports that individual
policemen have used physical abuse during interrogations or
have mistreated prisoners. As an adjunct to the Omnibus
Criminal Justice Act of 1984, Parliament passed the Garda
Siochana (Complaints) Act of 1986. The Act provides for the
investigation and adjudication of complaints about the conduct
of members of the police. In 1987 a Complaints Board and
Complaints Appeal Board were set up pursuant to the Act to
consider breaches of discipline and related matters.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution contains provisions implementing its guarantee
that "no citizen shall be deprived of his personal liberty save
in accordance with law." The same section of the Constitution
949
IRELAND
provides for a judicial determination of the legality of a
person's detention and requires in such cases that the
arresting authorities make written explanation to the court
about the person concerned. Neither in law nor in practice is
anyone subject to arrest for the expression of political or
religious views. Arrest is carried out openly, and the right
to a fair and speedy trial with full right of legal counsel
exists in law and practice.
Detention without charge is restricted. It is permitted for a
maximum of 48 hours, however, in cases covered by the Offenses
Against the State Act of 1939, legislation designed to "prevent
actions and conduct calculated to undermine public order and
the authority of the State." This legislation was reactivated
in 1972 and broadened to include other "scheduled offenses"
against peace and order. The police can now arrest and detain
for questioning anyone suspected of any offense involving
firearms, explosives, membership in an unlawful organization,
or malicious damage to property. After the 48-hour period,
the person must be brought before a magistrate, presented with
written charges, and be given legal representation.
The Omnibus Criminal Justice Act of 1984 gives some increased
powers to the police in the area of detention for
interrogation. Critics of the 1984 Act have argued that those
increased powers, which did not come into effect until 1987
following implementation of the accompanying complaints
procedure, are out of proportion to the threat addressed and
are unhealthy for democracy. Defenders of this legislation
point out that two issues of human rights are at stake: the
right of citizens to be protected against crime, along with
the safeguarding of individual rights from abuse by police.
There is no forced labor in Ireland.
e. Denial of Fair Public Trial
Fair public trial is guaranteed by the Constitution and
respected in practice. The courts are independent, and jury
trial is the norm. The Constitution provides, however, for
the creation of "special courts" to deal with cases where the
"ordinary courts are inadequate to secure the effective
administration of justice, and the preservation of public
peace and order." The Offenses Against the State Act of 1939
formally set up such courts and provides that they may try
persons for offenses against national security, in particular
cases of political violence perpetrated by terrorist groups
likely to intimidate regular juries. Rather than having
juries, these courts have panels of judges, each consisting of
an uneven number of judges, but in any event not less than
three. Their verdicts are by majority vote. Rules of
evidence generally are similar to those of regular courts,
except that the sworn statement of a police chief
superintendent that the accused is a member of an illegal
organization is considered prima facie evidence of such
membership. Court sessions are usually public but may exclude
certain persons, other than genuine press representatives.
There is provision for free legal aid and appeal against
conviction or sentence.
950
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Though not specifically provided for in the Constitution, the
basic human right of noninterference with personal privacy,
family, and home is affirmed by the Supreme Court and generally
observed. The Constitution, however, provides that the State
shall enact no law "providing for the grant of the dissolution
of marriage." A proposal to amend the Constitution to permit
divorce in limited circumstances was overwhelmingly defeated
in a 1986 nationwide referendum. In the same year, the
European Court of Human Rights ruled that the prohibition of
divorce is not a breach of the European Convention on Human
Rights .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are provided for by the Constitution and
generally respected in practice. The State endeavors to
insure that organs of public opinion, while preserving liberty
of expression (including criticism of government policy), are
not used to undermine public order, morality, or the authority
of the State. Furthermore, "publication or utterance of
blasphemous, seditious, or indecent matter" is an offense
punishable by law.
Ordinarily, official censorship in Ireland is directed largely
toward pornographic material. Nonetheless, the state-owned
radio and television network, on the basis of the
constitutional provisions dealing with public order and the
authority of the State, denies air time to members of a list
of organizations including (Provisional) Sinn Fein, the legal
political wing of the illegal Provisional Irish Republican
Army (PIRA). In 1982 this prohibition was challenged before
the Irish Supreme Court and upheld on constitutional grounds.
All political parties not on the list are given access to both
public-owned radio and television facilities and major
independent daily newspapers. Criticism of the Government in
such media is not only allowed but flourishes.
b. Freedom of Peaceful Assembly and Association
These freedoms are provided for by the Constitution and
respected in practice. Certain terrorist organizations, such
as PIRA and INLA, however, are illegal, and membership in them
is an offense against national security. Political parties or
groups associated with such organizations, such as
(Provisional) Sinn Fein, are not proscribed.
Labor unions have full freedom to organize and to engage in
free collective bargaining. The Irish Congress of Trade
Unions, which represents unions in both the Republic and
Northern Ireland, has 84 member unions with 670,000 members.
The Irish Labor Party severed its formal relationship with the
trade union movement in the 1930's, although some unions,
including several of the largest, pay subscriptions to the
Labor Party and assist candidates. Union officials and
members play an active role in politics through the parties of
their choice. Labor unions are permitted to conduct protests,
including secondary and wildcat strikes. There are no
compulsory settlement procedures.
951
IRELAND
There is no basic law governing trade union activities; most
terms and conditions of employment are determined through
collective bargaining. The right to join a union is provided
for in law, as is the right to refrain from joining. Most
businesses (employing over 56 percent of the labor force) are
unionized.
c. Freedom of Religion
Ireland is 94 percent Roman Catholic. The Constitution
assures freedom for all religious groups. There are no
restrictions upon freedom of worship or association.
Discrimination in employment, education, and other fields
based on religious grounds has not been alleged. Some Irish
laws, such as the prohibition against divorce and abortion,
reflect the point of view of the majority community. The area
of family law--including the rights of illegitimate children--
is a subject of current debate in which minority religious
communities have felt fully at liberty to take a vocal and
active role.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is complete freedom of movement within the country, as
well as freedom to engage in foreign travel, emigration, and
voluntary repatriation. Irish authorities have accepted
displaced persons only on a limited basis. On one occasion in
1987, a Cuban citizen in transit at Shannon Airport sought
refugee status for fear of persecution upon his return to
Cuba, and the Government judged he was not a refugee under
applicable international definitions.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Ireland has enjoyed a consistent history of orderly transfer
of power by elections since the end of the Irish Civil War in
1923. The country has several political parties and provision
for independents to run for office in either house of the
Irish Parliament.
The reguirement that elections be held at least every 5 years
has always been met. Ireland uses a proportional voting
system, and the secrecy of the ballot is fully safeguarded.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Irish Governments generally cooperate with independent outside
investigations of alleged human rights abuses, although they
have not always been receptive to prisoners' rights groups.
Amnesty International is active, as is the Irish Council for
Civil Liberties. Both operate freely and without hindrance in
Ireland as the principal independent organizations interested
in domestic human rights issues.
Ireland is a member (and has held the vice-chairmanship) of
the U.N. Human Rights Commission, reflecting concern by both
the Irish Government and people for worldwide respect for
basic human rights. This concern is reflected as well in
support for Amnesty International's activities in other
countries .
952
IRELAND
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Government social services provide adequate shelter, nutrition,
health care, and education without regard to race, religion,
sex, ethnic background, or political opinion. People whose
means are inadequate and who are not entitled to other benefits
may receive pensions or other payments from public funds.
In recent years, women have been playing a more significant
role in the Irish work force. Although the Constitution
recognizes the woman's role in terms of "her life within the
home," women have been entering the workplace in growing
numbers, particularly married women. The Antidiscrimination
(Pay) Act of 1974 and the Employment Equality Act of 1977 seek
to provide protection and redress against sex and pay
discrimination. Their operation is monitored by the Employment
Equality Agency which has processed 584 cases under the 1974
Act and 165 under the 1977 Act. The number of cases has fallen
in recent years, but this has not been accompanied by real
progress in eliminating the differential in the key index of
average hourly earnings in industry, leading the Agency itself
to admit that legislation alone cannot eliminate
discrimination. In 1987 the Government moved to repeal a
50-year-old prohibition against night, Sunday, and shift work
by women in industry that is thought to account for some of
the persistent gap in hourly earnings between the sexes.
In addition to equal pay issues, family law, rape law reform,
and social welfare discrimination are priorities for Ireland's
women's movement.
CONDITIONS OF LABOR
The minimum age for employment is 15 years. Irish laws limit
the hours of employment for 15-year-olds to 8 hours per day
and 40 hours per week. Those from 16 to 17 years of age may
work up to 9 hours per day and 40 hours per week. Those 18
years and older are, in the case of shop employees and
industrial workers, limited to 48 hours per week plus 12 hours
overtime .
There is no general minimum wage legislation in Ireland. Some
56,000 workers, however, are covered by minimum wage laws
applicable to specific industrial sectors, mainly those which
tend to pay lower than average wages. Four basic laws dealing
with occupational safety provide adequate coverage. An
extensive system of public health insurance offers health
protection.
953
ITALY
Italy is a democratic, multiparty republic with a parliamentary
system of government. Legislative power is invested in the
Parliament, which is directly and freely elected on the basis
of universal adult suffrage. Executive authority is
concentrated in the Council of Ministers. Italy has an
independent judiciary. The Chief of State, the President, is
elected by Parliament and representatives of Italy's
20 regions.
Terrorist violence of both the left and right has remained at
low levels in recent years, due to the effective work of police
and magistrates and its overwhelming rejection by the people
as a whole. Although terrorism has yet to be completely
overcome, its considerable reduction has freed increased law
enforcement resources for the struggle against organized
crime, which remains a serious problem.
Italy has an industrialized market economy ranking among the
top 10 in the world in gross national product. It is
characterized by sizable government ownership in the primary
industrial sectors and by a dynamic private sector, comprising
especially small and medium-sized companies.
The drafters of Italy's post-World War II Constitution were
strongly influenced by Roman Catholic and social democratic
traditions. The Constitution contains provisions for
political and civil rights that are generally observed in
practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Neither government forces nor legal opposition organizations
engage in politically motivated killings.
Levels of terrorism have dropped in recent years. Italian
terrorists of the far left now generally concentrate on
sporadic attacks on persons associated with the defense
establishment, NATO, and government economic policy. Various
criminal investigations have yielded evidence that Middle
Eastern groups involved in terrorism have been active in
Italy, some possibly supported by governments in the area.
Italian leftist terrorists struck twice in 1987. In February
members of a Red Brigade faction, while robbing a truck
delivering currency to a post office, shot and killed two
policemen. In March members of a rival Red Brigade faction
murdered General Licio Giorgieri, Director General of the
Defense Ministry Aeronautical and Aerospace Weapons Office.
Italian authorities subsequently arrested several persons
suspected of involvement in Giorgieri 's murder but have not
announced any arrests in the case of the two murdered
policemen.
Terrorists of Middle Eastern origin also were active. In
January Italian officials at Milan's Linate Airport arrested a
Lebanese citizen attempting to smuggle into Italy several
kilograms of plastic explosive concealed in a picture. In
June a Libyan expatriate well known for opposition to the
Libyan Government was shot and killed in broad daylight in
954
ITALY
downtown Rome. An off-duty policeman immediately arrested the
two attackers, both Libyan citizens.
b. Disappearance
There were no cases of disappearance linked to or condoned by
the State or its agents. There were no kidnapings by political
terrorist groups in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Freedom from torture is provided for by law and respected in
practice. Cruel and degrading punishment is forbidden by law,
and cases of violations have been rare. Law enforcement
officers accused of breaking these rules have faced criminal
charges. In its 1987 Report covering 1986, Amnesty
International stated that for the past 2 years it had been
looking into reports of mistreatment and torture at police
stations and carabinieri (national police) barracks. The
report noted that Amnesty International wrote to the Procurator
General of Naples in December 1986 about allegations of torture
and ill-treatment in police stations and barracks in about 30
cases submitted by lawyers in Naples. The Procurator General
agreed to investigate these charges.
Conditions of confinement vary, and some places of detention
are outdated but not inhumane or degrading. Prisoners charged
or convicted of terrorist acts are generally separated from
other prisoners.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Police procedures in Italy are carefully circumscribed by law
and judicial oversight. Arbitrary arrest is not practiced.
Anyone detained by the authorities must be charged within 48
hours. In normal criminal cases, the permitted duration of
pretrial detention varies according to the gravity of the
crime. Under reforms passed in 1984, the maximum time that
any person may be held in pretrial detention, even for the
most serious crimes, is 5 1/2 years, and no more than 2 years
at each step of the trial and during the long appeals process.
Amnesty International again commented in its 1987 Report on
the excessive length of pretrial detention. As a safeguard
against abuse, "liberty tribunals" are empowered to review
evidence in cases of persons awaiting trial and to decide
whether continued detention is warranted.
Exile as a form of punishment is unknown. There is no forced
or compulsory labor.
e. Denial of Fair Public Trial
A fair trial is assured by law and observed in practice in
almost all cases. Counsel is provided for the accused, free
of charge if necessary. Some trials last an inordinately long
time. For instance, a recent trial in a court of first
instance lasted 17 months instead of the maximum 60 days
provided for in the Civil Code. The judiciary is independent
of the executive, and there are no political or security
courts. All cases may be appealed to the highest appellate
court, the Court of Cassation. There are no political
prisoners .
955
ITALY
Debate continued in 1987 over procedures which allow reduced
sentences for confessed offenders willing to testify against
associates and accomplices. The system has been used
effectively to combat terrorism and is now being employed
against organized crime. Although there is no evidence of a
systematic abuse of the procedure by authorities, critics
maintain that such plea bargaining allows too much latitude to
individual magistrates, who may be tempted to make an arrest
before obtaining evidence to corroborate testimony by plea
bargainers (which may not always be reliable, particularly in
organized crime investigations). It is also claimed that the
procedures violate the principle of equal penalties for equal
crimes .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The concept of the privacy of the home is legally safeguarded
and respected by the authorities. Searches and electronic
monitoring may be carried out only under judicial warrant and
in carefully defined circumstances.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Free speech and a free press are assured under Italy's
democratic political system, which allows full expression of a
wide spectrum of political views. Academic freedom is also
respected. Although there is no censorship, publications may
be seized for violation of obscenity laws or for defamation of
state institutions. These powers are seldom invoked.
Government-run radio and television are politicized at the
administrative level but are open to widely differing views.
A large number of private broadcasters air vigorous debate on
political and social issues.
b. Freedom of Peaceful Assembly and Association
Italian citizens freely exercise their rights of free
assembly, which is limited only in cases where national
security or public safety is endangered. Professional and
employer associations also organize and represent their
constituencies freely.
Trade unions are not government controlled, and their right to
organize, engage in collective bargaining, and strike are
fully protected by the Constitution. They associate with
international labor bodies freely and without interference.
According to government figures, about 40 percent of the work
force is organized.
c. Freedom of Religion
Italy's relations with the Roman Catholic Church are governed
by a 1984 agreement (Concordat) between the Italian Government
and the Holy See, ratified in 1985. The new agreement,
replacing the Concordat of 1929, recognizes the rights and
place of the Church but no longer accords it the status of a
state religion. The Roman Catholic Church continues informally
to enjoy special standing in Italy because of the presence of
the Vatican and because the overwhelming majority of Italians
are, at least nominally, Roman Catholic. Nevertheless, persons
are free to profess and practice any religious faith. All
religions are free to organize and proselytize within the
956
ITALY
limits imposed by the laws governing public order. The
Government has reached agreements with some other religious
groups to define their rights and standing. Roman Catholic
religious instruction is offered in public schools as an
optional subject.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Italian citizens may travel freely both within the country and
abroad. Emigration is unrestricted. Citizens who leave are
guaranteed the right to return, and the Constitution forbids
deprivation of citizenship for political reasons. Italy has
been a haven for many persons fleeing persecution in other
countries. There were no cases of forced repatriation of
political refugees in 1987.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Italy has a democratic, free parliamentary system. Although
the Constitution outlaws the Fascist party, a wide range of
organized and active political parties exists from the far
left to the far right of the political spectrum. Election
campaigns are free and open, and voting is by secret ballot.
The two chambers of Parliament and regional, provincial, and
municipal councils are elected at regular intervals.
Opposition groups are active and are frequently able to alter
or reject government policies. The regions of Trentino-Alto
Adige and Val d'Aosta are organized under special statutes
aimed at safeguarding the rights of their respective German-
and French-speaking minorities.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Nongovernmental organizations are free to investigate
conditions in Italy, attend trials, and publish their findings.
The Italian Government and nongovernmental human rights
organizations support human rights around the world. Italy
participates fully in various international human rights
organizations. Political parties and religious groups
participate in activities related to human rights.
Organizations active in human rights affairs include Amnesty
International, the Official Interminister ial Committee for the
Rights of Man, the Institute of Humanitarian Law, and Caritas
International. The Government is reportedly planning in the
near future to establish a committee to monitor the status of
human rights in Italy. The already existing Interminister ial
Committee is responsible only for human rights abroad.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no legal discrimination on the basis of race,
religion, sex, ethnic background, or political opinion. Some
informal social and economic discrimination exists in the
provision of shelter and employment. Women generally have
equal status under the law and participate freely in social
and political life, though they are underrepresented in the
professions and executive positions.
957
ITALY
CONDITIONS OF LABOR
Minimum work and safety standards are established by law and
buttressed and extended in collective labor contracts. The
basic law of 1923 provides for a maximum workweek of 48 hours--
no more than 6 days per week and 8 hours per day. The 8-hour
day may be exceeded for some special categories. Most
collective labor agreements provide for a 36- to 38-hour
week. Overtime may not exceed 2 hours per day or an average
of 12 hours per week.
There is no minimum wage set under Italian law; basic wages
and salaries are set forth in collective labor agreements.
National collective labor agreements contain minimum standards
to which individual employment agreements must conform. In
the absence of agreement between the parties, the courts may
step in to determine fair wages on the basis of practice in
related activities or related collective agreements.
Basic health and safety standards and guidelines for
compensation for on-the-job injury are set forth in an
extensive body of law and regulations. In most cases, these
standards are exceeded in collective bargaining agreements.
Under current legislation, no child under 15 years of age may
be employed (with some specified exceptions). The Ministry of
Labor, having consulted with the labor organizations, may
exceptionally authorize the employment on specific jobs of
children over 12 years of age. The minimum age is 15 for men
employed in dangerous, fatiguing, and unsanitary work, and 16
for men employed underground; in quarries, mines, and tunnels
without mechanical vehicles; in weight lifting and carrying;
in loading and unloading sulphur ovens in Sicily; and in
occupations harmful to the workers' morale. No worker under
18 years may be employed in driving and pulling trucks and
carriages, or in jobs for the manufacture, handling, and
salvaging of explosives. No women, regardless of age, are
permitted to be employed underground, in quarries, mines, or
tunnels. Only women over 21 are allowed to work on dangerous,
fatiguing, and unsanitary jobs, on the cleaning and servicing
of engines, or on moving machinery.
958
LATVIA
An independent Baltic state between the two World Wars, Latvia
was annexed by the Soviet Union in 1940 as a constituent
republic of the U.S.S.R. The United States does not recognize
the forcible incorporation of Latvia into the U.S.S.R.
Latvia is subjected to the same centralized rule, the same
Constitution and judicial system, the same restrictions on
civil and political liberties, and the same police controls as
in the Soviet Union. Moreover, Soviet policy toward the
Latvian nation arouses great concern because the process of
Sovietization and Russianization threatens its survival as a
distinct ethnic group. The influx of Slavic migrants has
reduced the proportion of Latvians in Latvia to only 53
percent of the total population. In Riga, the capital of
Latvia, Latvians comprise only 41 percent of the total
population.
Like the other Baltic states, Latvia is regarded as
economically better off than most areas of the Soviet Union.
This is beginning to change, however, as the Soviet
authorities divert scarce resources to less developed areas.
Although the situation eased somewhat during late 1986 and the
first half of 1987, human rights violations by the authorities
continued. Expressions of national consciousness are now made
more openly but continue to be repressed; harassment of
religious activists, both clergy and lay people, persists.
Several leading human rights activists were forced to leave
Latvia. While certain changes in the Soviet legal code
currently under discussion might eliminate some laws and
regulations used to incarcerate or institutionalize Latvian
human rights activists, their practical effect cannot be
predicted at this time.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Several Latvian activists have died in Soviet custody in
recent years, but no deaths were reported in 1987.
b. Disappearance
There were no known cases of permanent or prolonged
disappearance.
c. Torture or Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Throughout the Soviet system, cruel and inhuman treatment of
prisoners occurs during both interrogation and confinement to
labor camps, prisons, or psychiatric hospitals. Physical and
psychological abuse of prisoners is common, as is detention
under extremely unhealthy or otherwise onerous conditions.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Soviet laws are written and interpreted in so broad a manner
that persons may be arrested and convicted for trying to
exercise their basic human rights. For example, several
organizers of the Latvian "Helsinki-86" organization were
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LATVIA
arrested in late sununer 1986 and held until January 1987, when
they were released without charges. During 1987 the number of
such arrests throughout the Soviet Union appeared to have
decreased sharply, apparently in accord with Soviet Communist
Party General Secretary Gorbachev's campaign for more
"openness" in and "democratization" of Soviet society.
Nonetheless, "Helsinki-86" activist Linards Grantins was
arrested and convicted in 1987 and reportedly beaten while in
prison. He was released upon the completion of his sentence.
Overall, the ability of Latvians to express their views
without severe reprisals improved somewhat during the first
part of 1987 but was subsequently restricted. Latvian human
rights activist Gunars Astra, who has spent almost 20 years
imprisoned for his nationalist activities, remains in a harsh
special-regimen labor camp.
Latvian nationalists Rolands Silaraups and Janis Rozkalns,
Baptist Lidija Doronina-Lasmane, and Jewish activist Zakhar
Zunshayn were among those released under a series of U.S.S.R.
Supreme Soviet decrees, starting in February, which pardoned a
large number of political prisoners convicted under
"political" Articles 70 (anti-Soviet agitation and propaganda)
and 190-1 (anti-Soviet slander) of the Russian Soviet
Federated Socialist Republic (R.S.F.S.R.) Criminal Code.
Silaraups and Rozkalns were both forced to emigrate to the
West. Zunshayn was finally allowed to depart for Israel.
A review of the Soviet Criminal Code is currently under way,
which might result in the modification of some of the
"political" articles in the code.
e. Denial of Fair Public Trial
As in the Soviet Union, the Communist Party in political cases
subverts constitutional provisions regarding objective and
independent judicial procedure. The self-determined
compelling needs of the State override the rights of a
defendant. A few Soviet public figures spoke out in 1987 for
strengthening the rights of defendants in Soviet trials, but
it is as yet unclear whether or how such reforms would be
implemented .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Through the use of informers, mail censorship, electronic
monitoring of telephones, and other means, government
authorities have the abi lity--widely exercised--to interfere
in every aspect of personal life. Nonetheless, interference
with mail and telephonic communications appears to have
diminished slightly over the past year. Constitutional
provisions to the contrary, Soviet investigative agencies do
not abstain from forced entry and illegal searches.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for most internationally accepted
political liberties as long as their exercise accords with the
strengthening and security of the "Socialist" system. In
practice, the authorities rarely tolerate dissident behavior
of any kind. While Gorbachev's "glasnost'" (openness)
campaign has expanded the ability of official and unofficial
writers to explore heretofore taboo subjects and to spotlight
960
LATVIA
economic and social problems, these opportunities are still
subject to controls, and their limits have not been stabilized
or defined. A new press law is being drafted. No questioning
of Latvia's status as a Soviet republic or of the Communist
Party's monopoly of power is permitted. All Latvian
newspapers, magazines, journals, and books remain firmly under
the control of the Communist Party, which ultimately decides
what shall or shall not be published.
b. Freedom of Peaceful Assembly and Association
The peaceful assembly of citizens is subject to arbitrary and
unpredictable levels of harassment and repression. On June
14, however, several thousand Latvians took part in an
unprecedented, unofficial demonstration in Riga to commemorate
the deportation of tens of thousands of Latvians by Stalin in
1941. The authorities tried to head off the demonstration by
calling up some of the organizers for military reserve duty,
arresting one when he refused to report, and by scheduling a
bicycle race in an attempt to close off the square where the
demonstration was to take place. Once it was under way,
however, the authorities allowed it to proceed with only
minimal disruption.
On August 23, an even larger unofficial demonstration was held
in Riga to bring pressure on the Soviet Government to renounce
the signing in 1939 of the Molotov-Ribbentrop Non-Aggression
Pact between Nazi Germany and the Soviet Union, which became
the basis for Soviet occupation and annexation of Latvia.
While the authorities did not openly interfere with the
demonstration, they strongly denounced it in the press,
accused Western radio stations of instigating it, and
castigated several of the organizers, members of the
"Helsinki-86" Group. Several "Helsinki-86" organizers,
including Janis Rozkalns, Janis Barkans, and Rolands
Silaraups, have since been forced to leave Latvia.
On November 18, the Soviets employed an extensive media
campaign and heavy police presence to prevent the celebration
of the anniversary of Latvia's independence. Demonstrators
who attempted to lay flowers at nationalist monuments were
beaten and detained.
The right of association is provided for in the Constitution,
but this right has been limited by legislation and regime
policy. The regime continues to exercise strict control over
official mass organizations. Unofficial groups were tolerated
in 1987, but there were instances of harassment, and their
status remains insecure.
Although the Constitution grants all Soviet citizens the right
to form trade unions, any efforts by workers to exercise this
right independently of state-sponsored and -controlled unions
have been brutally repressed.
c. Freedom of Religion
Despite constitutional provisions, religious activity is the
object of systematic official harassment. Church activities
are tightly circumscribed, and the party and Government
promote atheism through all possible channels. In May about
two dozen Latvian Lutheran pastors demanded the convocation of
a general synod to protest the dismissal of Dean Modris Plate
from the church district of Kuldiga at government insistence,
despite the protests of his parishioners. A popular preacher.
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LATVIA
Plate had reportedly drawn large crowds to his services and
had protested the refusal of the church leadership to reassign
another dismissed pastor. Maris Ludviks, to a new parish.
Four other Evangelical Lutheran pastors, Armands Akmentins,
Juris Rubenis, Janis Vanags, and Dean Aivars Beimanis, were
threatened with revocation of their license to preach and
possible expulsion from Latvia.
In September several Russian Orthodox believers in Riga, along
with believers in other Soviet cities, signed an open letter
to Chairman of the Presidium of the Supreme Soviet Andrey
Gromyko, calling for changes in the Criminal Code and existing
legislation on religion. During the same month, several
Lutheran pastors and seminary teachers announced the creation
of a new group, "Rebirth and Renewal," and issued a document
calling upon the church leadership to approach Latvian and
Soviet authorities to review the possibility of changes in the
religious legislation of both Latvia and the U.S.S.R. The
authorities responded with a blistering press attack on the
group .
Members of the smaller Roman Catholic, Baptist,
Pentecostalist , and Seventh-Day Adventist churches continued
to encounter difficulties with the authorities as well.
Popular Pentecostalist preacher Nikolay Shevchuk was forced
into emigration following official harassment and a vicious
newspaper assault. Many Jews and several Latvian
Pentecostalists wishing to emigrate have been denied
permission to do so. In general, the policies of "glasnost""
and "perestroyka" (restructuring) have benefited religious
believers less than other social groups.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Soviet authorities do not respect the right of emigration by
choice. The granting of permission to travel abroad for
family reunification or on a temporary basis is arbitrary and
subject to tight restrictions. The authorities often harass
Latvians whose desire to emigrate is known by denying them
work in their specialty, by excluding them from educational
institutions, and by other punitive measures. Nonetheless,
the increase in the issuance of exit permits from the Soviet
Union during 1987 has resulted in the emigration of an
increased number of Latvian Jews. Although some Latvian
activists were allowed to depart voluntarily for the West, the
majority were expelled for their human rights activities.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens are not free to change the system of government. As
in other areas under Soviet control, political activity
outside the Communist Party is not tolerated.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Soviet Government in late 1986 and 1987 repeatedly
expressed its readiness to discuss human rights issues--a
change from previous practice--and created an Administration
for Humanitarian and Cultural Ties in the Foreign Ministry.
Nonetheless, the Government's attitude towards investigation
of the human rights situation in Latvia remained basically
962
LATVIA
negative. Cases of jailing of human rights activists during
1987 decreased, and there were no known cases of sentencing of
such activists under "political" Articles 70 and 190-1 of the
R.S.F.S.R. Criminal Code.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination on the basis of race, sex, or other grounds is
prohibited in the Constitution. Since its annexation, Latvia,
with its population of about 2.5 million, has been an
industrial workshop and trading center for the Soviet Union,
Industrialization was accompanied by a large influx of Slavic
workers from the Soviet Union and brought about a shift in the
ethnic balance aggravated by Latvians' low birth rate.
The large proportion (now at least 47 percent) of non-Latvians
in the population has increased ethnic frictions and placed
the Latvian language and culture in jeopardy. The last few
years have seen an increase in Latvian nationalist sentiment
as more Latvians have become alarmed at the precarious
position of their language and culture. Latvians complain
that while they must learn Russian, few Russians residing in
Latvia bother to learn Latvian. Ethnic tensions flare up in
increased anti-Russian graffiti and occasional street brawls
between Latvian and Russian youths. In the summer of 1987,
the authorities discussed programs to expand the study of
Latvian by children in the early grades of elementary school,
to increase textbooks and courses in the Latvian language
available for Russian-speaking adults, and to improve the
qualifications of language teachers.
Women nominally enjoy the same legal rights as men, and an
extensive system of day-care service and maternity benefits
enables women to obtain and retain employment outside the
home. In general, however, women hold less remunerative
positions than men do in the same occupations.
CONDITIONS OF LABOR
Labor conditions in Latvia are identical to those in the
Soviet Union: The statutory minimum wage for the employment
of children in 1986 was 16, and the standard workweek was 40
hours. There is no indication of widespread violation of
these norms. The minimum wage was set at $112 per month at
the official rate of exchange. According to the latest Soviet
official data, the average wage is about $272 per month.
Soviet law establishes, in general terms, minimum health and
safety conditions. According to the Soviet press, the laws on
maximum hours of work and health and safety standards are
widely ignored.
963
LITHUANIA
Lithuania, the largest of the three Baltic states, was forcibly
annexed by the Soviet Union as a constituent republic of the
U.S.S.R. in 1940 after having enjoyed independence between the
two World Wars. The United States does not recognize this
forced incorporation of Lithuania into the U.S.S.R.
Lithuania is subjected to the same centralized rule, the same
Constitution and judicial system, the same restrictions on
civil and political liberties, and the same police controls as
in the Soviet Union. Moreover, Soviet policy toward the
Lithuanian nation arouses great concern because the process of
Soviet ization and Russianization threatens its survival as a
distinct ethnic nation.
The non-Lithuanian segment of the population is now estimated
at about 20 percent. As in the other Baltic states, the
standard of living in Lithuania is somewhat higher than the
Soviet average. Agricultural and industrial production
increased in 1987, but Soviet redistribution policies
continued to force down Lithuanian living standards toward
lower Soviet levels.
While the situation eased somewhat during late 1986 and 1987,
human rights violations by the authorities continued,
particularly against human rights activists and against the
Roman Catholic Church, which celebrated the 600th anniversary
of Christianity in Lithuania in 1987. Although promised
changes in the Soviet Criminal Code, which would eliminate
some laws and regulations used to incarcerate or
institutionalize Lithuanian human rights activists, are under
discussion, their effect would depend on regime policy. In
any case, several other legal tools would allow the
authorities to repress dissidents even if the contemplated
changes were implemented.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Although in the past Lithuanian activists have died in Soviet
custody, it is often impossible to prove official
responsibility for the deaths of persons involved in human
rights activities. Several Catholic priests have died in the
past under mysterious circumstances after being warned to
desist from human rights activities by the authorities.
b. Disappearance
There were no known instances of permanent or prolonged
disappearance .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Prisoners are frequently mistreated during interrogation or
confinement in labor camps, prisons, or psychiatric hospitals.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Soviet laws are written and interpreted in so broad a manner
that persons may be arrested and convicted for trying to
964
LITHUANIA
exercise their basic human rights. Persons accused of
publishing or distributing underground publications receive
harsh sentences, including terms in prisons or labor camps,
exile, or commitment to psychiatric hospitals. The typical
charge is "anti-Soviet agitation and propaganda."
During 1987 the number of such arrests appeared to have
decreased sharply, apparently in accord with Soviet Communist
Party General Secretary Gorbachev's campaign for more
"openness" in and "democratization" of Soviet society, which
has improved somewhat the ability of Lithuanians to express
their views and criticize the Government. A review of the
Soviet criminal codes is currently under way, which might
result in the modification of some of the "political" articles
in the code.
Two American-Lithuanian dual nationals were released during
1987: Algirdas Statkevicius from a psychiatric hospital and
Vytautas Skuodis from prison. Skuodis was subsequently
allowed to depart for the United States. A number of other
dissidents and human rights activists were released from
confinement during 1987 as a result of amnesty decrees by the
Supreme Soviet. Prominent human and religious rights activist
Victoras Petkus, who has spent 24 years in prison camps, was
transferred in August 1987 to exile in Buryatskaya Autonomous
Soviet Socialist Republic at the completion of his labor camp
term.
e. Denial of Fair Public Trial
As in the Soviet Union, the Communist party in political cases
subverts constitutional provisions for the objectivity and
independence of the judicial process in political cases. The
self-determined, compelling needs of the State override the
rights of a defendant. A few Soviet public figures spoke out
in 1987 for strengthening the rights of defendants in Soviet
trials, but it is as yet unclear whether or how such reforms
will be implemented.
f. Arbitrary Interference with Privacy, Family, Home or
Correspondence
Through the use of informers, mail censorship, electronic
monitoring of telephones, and other devices, government
authorities have the ability, widely exercised, to interfere
in every aspect of personal life. Constitutional provisions to
the contrary, Soviet investigative agencies do not abstain
from forced entry and illegal searches. Lithuanian Catholic
Birute Briliute's home in Kibartay was searched on April 6 and
again on September 8, and copies of the Lithuanian Catholic
Chronicle were reportedly confiscated. Lithuanian Catholic
activist Nijole Sadunaite's home was searched April 2, and
copies of the Chronicle were confiscated. Nonetheless,
interference with mail and telephone communications appears to
have diminished slightly over the past year.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for most internationally accepted
political liberties as long as their exercise accords with the
strengthening and security of the "Socialist" system. In
practice, the authorities rarely tolerate dissident behavior
of any kind. While Gorbachev's "glasnost" (openness) campaign
965
LITHUANIA
has expanded the ability of official and unofficial writers to
explore heretofore taboo subjects and to spotlight economic
and social problems, these opportunities are still subject to
controls, and their limits have not been stabilized or defined.
No questioning of Lithuania's status as a Soviet Republic or
the Communist Party's monopoly of power is permitted. All
Lithuanian newspapers, magazines, journals, and books remain
firmly under the control of the Communist Party, which
ultimately decides what shall and shall not be published.
Underground publications which appear regularly, despite the
authorities' attempts to repress them, include the Chronicle
of the Catholic Church in Lithuania, Austra (Dawn), Tautos
Kelias (The Path of the Nation), Lietuvos Ateitis (Lithuania's
Future), and Perspektyvos (Perspectives). The importation of
political and religious literature from the West is strictly
limited.
b. Freedom of Peaceful Assembly and Association
The peaceful assembly of citizens is usually interfered with
and prevented. Nevertheless, on August 23, a large unofficial
demonstration was held in Vilnius to bring pressure on the
Soviet Government to renounce the signing in 1939 of the
Molotov-Ribbentrop Non-Aggression Pact between Nazi Germany
and the Soviet Union, which became the basis for the Soviet
occupation and annexation of Lithuania. While the authorities
did not openly interfere with the demonstration, they strongly
denounced it in the press, accused Western radio stations of
instigating it, and castigated several of the organizers.
Some were subsequently picked up and held by the authorities
for 24 hours and then released in the countryside. Human
rights activist Dalia Tamutyte was fired from her job in
November 1987 and threatened with psychiatric detention for
her participation in the rally.
The right of association is provided for in the Constitution,
but the authorities strictly control all associations and
organizations .
Soviet labor law and practice are enforced in Lithuania.
Although the Constitution grants all Soviet citizens the right
to form trade unions, any efforts by workers to exercise this
right independently of state-sponsored and controlled unions
have been brutally repressed. Given Soviet concern that the
ideas of the Polish Solidarity trade union movement might
spread, this has been especially true in Lithuania, which has
close historical ties to Poland and the Catholic Church.
c. Freedom of Religion
Despite constitutional guarantees, religious activists are
subject to serious systematic harassment. Soviet authorities
have apparently mounted a large-scale assault on all religious
activities not controlled and sponsored by the State, with
special emphasis on the work of the Lithuanian Catholic
Church. Soviet officials reportedly have taken control of
church committees and excluded priests from some of these
bodies .
Because of officially imposed limits on admissions to Kaunas
Seminary, Lithuania's only theological seminary, over 100
parishes are said to be without a permanently assigned
pastor. The Government also interferes in the administration
and admissions process of the Seminary. Qualified applicants
for the Seminary are frequently harassed and pressured to
966
LITHUANIA
serve as informants for the Committee on State Security
(KGB). All religious orders are banned.
Children are routinely harassed to deter them from attending
church services. In school the children of believers are
sometimes forced to join atheist organizations on the threat
of punishment. Catholics attending religious festivities have
been interrogated and physically abused, and historic shrines
and artifacts have been desecrated. The Vilnius Cathedral, a
national shrine for the Lithuanian people, remains an art
gallery, despite numerous petitions to restore it to the
Lithuanian Catholic Church. Another historically important
church in Vilnius serves as a museum of atheism. Soviet
authorities have said that a church in Klaipeda, however,
built with official permission in the 1950's and then
confiscated by the authorities and converted to a concert
hall, will be returned to the local Catholic community.
Because of the difficult conditions created by government
reprisals and threats, the group calling itself the Lithuanian
Catholic Committee for the Defense of Believers' Rights has
been forced to go underground. Two members of the group,
Fathers Alfonsas Svarinkas and Sigitas Tamkevicius, who were
convicted in 1983 of anti-Soviet agitation and propaganda or
disrupting public order, are still in prison, while a third,
Jonas Matulionas, was released. A young Catholic student,
Roman Zemaitis, who was tried and convicted with Matulionas,
is serving 2 years in a labor camp. In November 1987, a
petition addressed to General Secretary Gorbachev signed by
78,000 Lithuanians and calling for the release of Lithuanian
Catholic Bishop Julijonas Steponavicius from internal exile
and a review of the cases of Svarinskas, Tamkevicius, and
Matulionas, was given to the Central Committee of the
Communist Party of the Soviet Union.
Despite these convictions and continuous attempts to suppress
its activities, the Catholic Church remains active and
vigorous. Some 15 new priests were ordained in 1987, and
approximately 140 seminarians are studying for the priesthood
in the Kaunas Seminary. Other limited measures were taken
which somewhat eased government pressure on the church in the
past year, which church leaders attribute to the policies of
Soviet leader Gorbachev. Church leaders had hoped that the
Pope would be able to travel to Lithuania in June for the
600th anniversary of the establishment of Catholicism in
Lithuania, but Soviet authorities rejected his expressed wish
to visit Catholic believers in the U.S.S.R.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Soviet authorities do not respect the right of emigration.
The granting of permission to emigrate from Lithuania is
arbitrary and subject to tight restrictions. The authorities
often harass Lithuanians whose desire to emigrate is known by
denying them work in their specialty, by excluding them from
educational institutions, and by other punitive measures.
Nonetheless, the increase in the issuance of exit permits
from the Soviet Union during 1987 has resulted in the
emigration of an increased number of Lithuanian Jews, and some
Lithuanian activists were able to depart for the West as well.
967
LITHUANIA
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens are not free to change the system of government. As
in other areas under Soviet control, political activity
outside the Communist Party is not tolerated.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Soviet Government in late 1986 and 1987 repeatedly
expressed its readiness to discuss human rights issues--a
change from previous practice — and created an Administration
for Humanitarian and Cultural Ties in the Foreign Ministry.
Nonetheless, the Government's attitude towards investigation
of the human rights situation in Lithuania remained basically
negative. The number of human rights activists known to have
been jailed during 1987 declined, and there were no known
cases of sentencing of such activists under "political"
Articles 70 and 190-1 of the Russian Soviet Federated
Socialist Republic Criminal Code.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination on the basis of race, sex, or other grounds is
prohibited in the Constitution. The relative homogeneity of
Lithuania's population, its strong sense of national identity,
and the binding force of the Lithuanian Catholic Church have
helped to preserve many of the country's social and cultural
traditions. Nevertheless, the disruptive effects of an
antireligious ideology, forced collectivization, and a policy
of industrialization have been severe. Rigid controls on
cultural and religious expression have forced many Lithuanians
into underground activity. Non-Lithuanians total about 20
percent of the population.
Women nominally enjoy the same legal rights as men, and an
extensive system of day-care service and maternity benefits
enables women to obtain and retain employment outside the
home. However, women generally hold less remunerative
positions than men do in the same occupations.
CONDITIONS OF LABOR
Labor conditions in Lithuania are identical to those in the
rest of the Soviet Union: The statutory minimum age for the
employment of children in 1987 was 15, and the standard
workweek was 40 hours. There is no indication of widespread
violation of these norms. The minimum wage was set at $112
per month at the official rate of exchange. According to the
latest Soviet official data, the average wage is about $272
per month. Sovet law establishes, in general terms, minimum
conditions of healthy and safety. According to the Soviet
press, the laws on maximum hours of work and health and safety
standards are widely ignored.
968
LUXEMBOURG
Luxembourg is a constitutional monarchy with a parliamentary
form of government. The Grand Duke is the Chief of State.
Luxembourg has a highly developed, industrialized economy
based on free enterprise, and its people have a high standard
of living.
Human rights are respected at home, and Luxembourg actively
promotes human rights internationally. It continues efforts
to treat its relatively large foreign population fairly and to
engage labor unions in the industrial decisionmaking process.
Residents of Luxembourg enjoy fair and efficient judicial and
penal systems. Individual human rights are provided for by
the Constitution and protected in practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Killing for political reasons has not taken place in
Luxembourg. The mysterious bombings which occurred in 1985
and 1986 were not repeated in 1987. These bombings ceased
without any group claiming responsibility, and there is no
evidence to link them to any terrorist group.
b. Disappearance
There were no known abductions or hostage-taking cases.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited by law and does not occur. Prisoners
are treated fairly, have free choice of attorneys, are allowed
visitors, and are housed in modern facilities.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Due process is provided for by law and observed in practice.
Luxembourg law is a composite of local practice, legal
tradition, and foreign systems--French, Belgian, and German.
Any person detained by authorities must be charged no later
than 24 hours after arrest. Preventive detention does not
exist, but persons may be incarcerated pending trial, if so
ordered by a judge. Exile is not imposed, nor is there forced
labor .
e. Denial of Fair Public Trial
Luxembourg's judiciary is independent and free from executive
or military interference. Military courts exist, but civilians
are not subject to their jurisdiction. The right of defendants
to have legal counsel, at public expense if necessary, is
assured. Charges are formally and clearly stated. Defendants
have the right to be present at trial and are presumed innocent
until proven guilty. There are no political prisoners.
969
LUXEMBOURG
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Luxembourg law and customs are based on regard for personal
freedom. The State, political organizations, and other
organized entities do not arbitrarily intrude into the private
lives of Luxembourg residents. Police must have a warrant,
issued by the judiciary, to enter a private home. Statutes
prohibit other violations of the home such as demolition, the
sealing of doors and windows, and electronic surveillance.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
and it is respected in practice. Except for restrictions on
pornography, there is no censorship of the media. Opposition
viewpoints are freely discussed, and criticism of the
Government is tolerated. Academic freedom is respected.
Print media are privately owned and controlled. The broadcast
industry is privately owned, except for 4 percent which is
indirectly controlled by the French Government. It operates
independently from the Luxembourg Government. There were no
incidents in 1987 of any group attempting to inhibit the free
expression of opinion in Luxembourg.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is assured
constitutionally and respected in practice. There are no
limitations on orderly public meetings. All groups enjoy the
right of free assembly.
Unions are independent of the Government and of political
party control. They have the right to organize, negotiate,
and strike, but strikes are rare. Unions participate in a
tripartite arrangement with government and management in all
decisions affecting the economy and worker welfare. The two
largest industrial unions are linked to, but organized
independently from, Luxembourg's Socialist Party and Christian
Social Party respectively. A large percentage of the work
force is unionized, but membership is not mandatory. Unions
and professional groups maintain unrestricted contact with
international bodies in their fields.
c. Freedom of Religion
There is no state religion in Luxembourg, and everyone is free
to practice the religion of his choice. Statistically,
Luxembourg is about 90 percent Roman Catholic. This faith is
deeply intertwined with the conservative culture of the
country; for example, there is no government funding for
abortions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on movement within the country
(including changing residence or workplace), foreign travel,
or emigration and repatriation. There are no barriers to
immigrants from European Community (EC) countries, except for
Greece, Spain, and Portugal. While these countries are in
transition towards accession to the EC, their citizens must
obtain work permits to reside in Luxembourg. Such work
970
LUXEMBOURG
permits are readily obtained. Since 1970 Luxembourg has had a
large Portuguese population. The status of Portuguese citizens
in Luxembourg is defined by bilateral agreements and the terms
of Portugal's accession to the EC in January 1986.
Although Luxembourg is not a country of first application for
refugees, government officials believe that on a per capita
basis relatively large numbers (notably Vietnamese) have been
admitted. Once admitted, refugees benefit from state social
programs and are well treated.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Luxembourg's Government is democratically elected. All
Luxembourg citizens 18 years of age and older may participate
in national elections for the Chamber of Deputies, held every
5 years, and local elections, held every 6 years. Voting is
by secret ballot with multiple candidates for most positions.
Luxembourg's large foreign population (26 percent) does not
have the right to vote, although it enjoys the rights of free
speech, assembly, movement, and religion. It may exert
considerable influence on the political process indirectly by
joining labor unions or other organizations. Opposition
groups, including organized political parties, function openly
and freely, without fear of government repression.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no requests for the investigation of human
rights abuses in Luxembourg. The International Committee of
the Red Cross, Amnesty International, and the U.N. High
Commissioner for Refugees have representatives in Luxembourg.
Luxembourg has consistently supported international and
nongovernmental investigation of alleged human rights
violations .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Discrimination based on the above factors is prohibited by
law. Adequate food, shelter, health care, and education are
available to all inhabitants regardless of race, religion,
sex, ethnic background, or political opinion. Women in
increasing numbers participate in the political and business
communities of Luxembourg, although few women in Luxembourg
are senior executives.
CONDITIONS OF LABOR
The right to work is guaranteed to every Luxembourger by the
Constitution. The employment of children under the age of 16
is prohibited. The normal workweek is 40 hours, spread over 5
days. Work on Sunday is generally prohibited, except in
continuous process industries (steel and chemical) and for
certain persons such as maintenance and security personnel.
Working conditions are exemplary.
Worker representatives are required in all businesses of 15 or
more employees. In businesses with over 150 employees, 50
percent of the joint works councils are elected by the
employees. In businesses with more than 1,000 employees.
971
LUXEMBOURG
one-third of the membership of the boards of directors must be
employees or their elected representatives.
A safe working environment is mandated by law and enforced
through a vigorous inspection system, which can impose severe
penalties. Luxembourg's health and safety standards are among
the highest in the world.
972
MALTA
Malta is a constitutional republic with a parliamentary
government elected by universal suffrage. Executive power is
vested in the President who appoints as Prime Minister the
leader of the party which gains a plurality of seats in the
quinquennial election for the unicameral legislature. A 1987
constitutional amendment stipulated that the party obtaining
the majority of votes will receive a majority of seats in the
legislature. The outcome of the May 9, 1987 election brought
the Nationalist Party to power by a small majority (with 50.9
percent of the vote) after 16 years of Labor Party rule. The
transition of government generally was orderly.
The Maltese economy is heavily dependent on its ability to
export and on tourism and other service industries.
Security is maintained by the Malta police which is under the
temporary leadership of the commander of the armed forces
until a new commissioner of police is named. The commander of
the armed forces was placed in charge after the police failed
to control a riot in June 1987 during which persons associated
with the opposition Labor Party ransacked the law courts. The
Deputy Prime Minister, who is also Minister of Justice, has
jurisdiction over the police.
The human rights situation in Malta improved gradually after
the May 1987 election, and by the end of 1987 the political
atmosphere was appreciably less tense. The new Government
took several steps to improve Malta's human rights performance,
including establishment of a commission to investigate and
remedy past, present, and any future injustices; appointment
of a bipartisan parliamentary select committee to examine ways
to strengthen democracy in Malta's Constitution, specifically
the role of the President and the independence of the
judiciary; and in the area of church-state relations. The
courts have upheld the constitutional right of free assembly.
Additionally, the new Government has accepted all provisions
of the European Convention on Human Rights and has signed the
European Convention for the Prevention of Torture and Inhuman
or Degrading Treatment. Maltese delegations to the
International Labor Organization now include representatives
from independent unions. The local emmigrants commission now
formally represents the United Nations High Commissioner for
Refugees (UNHCR) in the handling of refugees in Malta.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No known incidents of political killing occurred during 1987,
although preelection violence resulted in several injuries.
The former commissioner of police was relieved of his position
and arrested in November. He was arraigned on charges of
murder involving the death of a person in police custody in
1980, of giving false testimony, of having bribed witnesses to
give false testimony, and of having prevented other persons
from giving evidence or information.
b. Disappearance
No cases of disappearance are known to have occurred.
973
MALTA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits inhuman or degrading punishment.
Several allegations of police beatings and ill-treatment of
prisoners were brought to trial in 1987. Some allegations
were dismissed for lack of evidence; in at least one case,
charges against a criminal defendant were dropped because of
evidence that his confession was forcibly obtained. No
judgments have been handed down as yet in any of these cases.
Certain police officers accused of abuse of authority have
been removed from active service pending further investigation.
On November 26, 1987, Malta joined 18 other member states of
the Council of Europe in signing the European Convention for
the Prevention of Torture and Inhuman or Degrading Treatment.
The convention authorizes an international committee of
independent experts to visit all places where persons are
detained by public authority in order to ensure that they are
not subjected to torture or degrading treatment.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Freedom from arbitrary arrest and detention is provided for in
the Constitution and generally respected in practice.
Any police officer above the rank of inspector may issue an
arrest warrant without the need of a court order. The police
may, on suspicion, arrest a person for questioning, and there
were press reports of such arrests following a spate of
bombings in June 1987. Within 48 hours, persons so arrested
must be brought before the courts and charged or released.
Persons so detained are not entitled to legal counsel. The
police may also stop and search private vehicles without cause
or warrant between the hours of 9 p.m. and 6 a.m.. There are
no known political prisoners or persons in political exile.
The Constitution prohibits the use of any form of forced or
compulsory labor, and this prohibition is respected in
practice.
e. Denial of Fair Public Trial
The Constitution guarantees a fair public trial before an
impartial court. In 1987 the Parliament constituted a select
committee chaired by the Deputy Prime Minister to make
recommendations to amend the Constitution to strengthen
judicial independence. Trials are public. Defendants have
the right to counsel of their choice, at public expense, if
necessary. They enjoy a presumption of innocence, may confront
witnesses and present evidence, and have the right of appeal.
The courts' jurisdiction is limited in certain areas. Lay
tribunals (e.g., the Industrial Tribunal, the Commissioners
for Justice, and the Inheritance Partition Tribunal) have
exclusive authority over certain judicial functions, although
their independence is not legally guaranteed.
Defendants in cases before the Industrial Tribunal or the
Public Service Commission may not be represented by lawyers.
The law prohibits attorneys who are Members of Parliament from
acting as counsel in judicial cases against the Government,
although they may act as counsel for the Government. This law
has been challenged as being in conflict with the defendant's
right to counsel of his choice as provided by the European
Convention on Human Rights.
974
MALTA
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Protection of the privacy of the home is ensured in the
Constitution and generally respected in practice. The
opposition Labor Party has charged that the Government carries
out telephone tapping; the Government has denied this
allegation.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although these freedoms are provided for by the Constitution
and generally respected in practice, the opposition party has
complained about bias in news coverage. Opposition viewpoints
are discussed freely in the written press and in mass
political meetings. The printed press is heavily politicized
and often affiliated with a particular political faction. The
press associated with the party in power practices a
considerable degree of self-censorship.
Academic freedom is respected. Changes in the administration
of the university in August reinstituted departments,
primarily in the humanities, which previously had been
excluded from teaching. These changes also liberalized
opportunities for student attendance at the university.
The constitutionally mandated Broadcasting Authority exists to
ensure impartiality in broadcasting. Television and radio are
state owned. During the May elections, the Broadcasting
Authority's major accomplishment was providing for equal time
for both parties and organizing televised debates among
candidates. Since the election, it has continued to insist
upon equal time for addresses and debates in which the views
of both parties are aired. Three-minute editorials by
speakers representing the entire political spectrum are aired
directly after the news broadcast twice a week.
However, though the situation improved measurably this year,
radio and television news reports are still subject to a
certain amount of censorship. This was demonstrated in the
June ransacking of the law courts--a major event--which was
not reported at the time on either radio or television. There
have been complaints from the Labor party of bias in news
coverage.
A 1987 constitutional amendment, based on the Foreign
Interference Act, bans political activity by foreigners for
the 9 months prior to publication of election results. The
amendment was supported by both parties and rendered moot a
court challenge to the constitutionality of the Foreign
Interference Act .
b. Freedom of Peaceful Assembly and Association
The right to peaceful assembly is ensured in the
Constitution. In general, police permits are issued for
political meetings and other public activities of political
parties or groups of citizens. The right to peaceful assembly
was upheld in a November court decision against the former
police commissioner who was found guilty of failing to protect
properly a student group displaying posters in a public area.
9T5
MALTA
Trade unionists and other interest groups freely exercise the
right to set up associations. The right to strike or take
other industrial action, however, is not specifically provided
for, and there have been no such actions in 1987.
The General Workers Union, the largest labor organization, has
been statutorily fused with the Malta Labor Party since 1978.
The previous practice of excluding other independent unions
from the official delegation to the International Labor
Organization (ILO) was reversed during the 1987 ILO session
and the Government generally sought to project a more positive
attitude toward implementation of international labor
standards .
c. Freedom of Religion
The right to practice the religion of one's choice is
protected constitutionally and is respected. The
overwhelmingly dominant religion is Roman Catholicism,
although there are small numbers of people who practice other
religions .
An interim agreement reached in 1986 on the financing and
operation of church-sponsored private schools is still in
effect. Under the interim agreement, teachers in these
schools will receive salaries on a par with teachers in public
schools by October 1988; agreement regarding the financing of
the church school operations is pending while negotiations
continue toward a definitive agreement.
As one of its first acts after assuming power in May, the new
Government dropped the previous Government's appeal in the
court case regarding church property, thereby ensuring the
Catholic Church's right to property ownership.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on movement within the country,
foreign travel, or emigration. Maltese who acquire the
citizenship of another country may, under certain
circumstances, lose their Maltese nationality. Maltese
emigrants who return to Malta are not automatically entitled
to regain their Maltese citizenship but must apply to the
office of the Prime Minister. In most cases such applications
are acted upon favorably.
Foreign nationals claiming refugee status while visiting Malta
generally are not permitted to remain in Malta. In December
1987, a local emigrants commission was named to represent the
UNHCR formally in Malta. This should enhance assistance to
foreign nationals claiming refugee status.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Political activity is intense, and partisan feelings are very
pronounced in Malta. During the last election in May, 96.11
percent of those registered actually voted. Preelection
violence led to a number of injuries.
A constitutional amendment adopted in January 1987 ensured the
election of the party receiving the majority of popular votes,
thereby reversing the anomalous outcome of the previous
election in which the Nationalist Party had received the
976
MALTA
majority of popular votes but failed to win the majority of
parliamentary seats. Elections with universal suffrage are
held every 5 years. Opposition parties actively and freely
debate.
Charges have been brought against members of the opposition
Labor party for having prevented the free conduct of voting
procedures at certain polling stations during the May
election. These charges have been accompanied by considerable
political tension; the case is pending.
In August, a bipartisan parliamentary select committee was
established to make proposals for strengthening the democratic
system in Malta. The committee is studying the presidency,
the independence of the judiciary, and electoral legislation.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
On November 26, 1987, Malta signed the European Convention for
the Prevention of Torture and Inhuman or Degrading Treatment.
The Convention provides for investigations by an independent
international committee.
In the past, the indigenous human rights group, Hielsa, was
active in pointing out human rights violations. The
Government places no restrictions on investigations by
international human rights groups in Malta. The Government
replied to Amnesty International in May 1987 concerning seven
cases involving allegations of ill-treatment between 1980 and
1985. In four cases, the Minister of Justice stated that an
investigation v;ould not be appropriate as legal proceedings
were still continuing. In one case the Minister determined
that no further investigation was justified. In another case,
the police denied using violence. The final case, that
involving the police commissioner referred to in Section l.a.,
is still pending.
Symptomatic of their policy of emphasizing respect for human
rights, was the offer by the new Government to host a human
rights information center under the auspices of UNESCO.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Public, economic, and social services are extended on a
nondiscriminatory basis. However, for years there have been
persistent allegations of partisan favoritism in the
allocation of public housing, phone services, import and
export licenses, and employment, as well as arbitrary
transfers of public employees. In August the Government
established a commission to investigate and remedy any
injustices, discrimination, or unfair treatment. In addition
to dealing with the current and any future allegations of
discrimination, the commission will investigate cases dating
back to 1971. An opposition Member of Parliament is seeking
constitutional redress to regain former employment as manager
of a government controlled company.
For reasons derived from tradition and culture, Maltese
society does not generally associate women's rights with human
rights. There are laws on equal opportunity and equal pay for
equal work, but they are not always enforced. The 1988
budget, which is currently being debated in Parliament, calls
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MALTA
for an increase in family allowances and a year of maternity
leave for working mothers. To date, married working women
suffer most markedly from discrimination in that they lose all
entitlements and seniority personally acquired (retirement,
health benefits, social security) upon marriage. The law
officially designates the husband as head of the family unit
with dominant responsibility for economic and financial
questions, as well as all major decisions concerning
children. A comprehensive family law has been under
consideration by Parliament for some years. The status of
Maltese women may also be raised internationally now that
Malta is a signatory to the full text of the European Human
Rights Convention.
CONDITIONS OF LABOR
The Constitution identifies as a fundamental aim of government
the responsibility to make available to all citizens the
highest level of education and social welfare. Both the
Government and opposition support the basic rights of citizens
to own property, to work under just conditions and be
appropriately remunerated, to maintain a standard of living
adequate for health and well-being, and to receive universal
education.
Maltese law guarantees acceptable conditions of work,
including minimum wages, maximum hours of work, a minimum
working age of 16, and a provision for occupational safety and
health. Disputes about workers' conditions are dealt with by
the Industrial Tribunal and not by the law courts. Persons
before the Industrial Tribunal may be defended only by a
representative of the union to which the majority of their
coworkers belong; they may not be defended by legal counsel.
In past years, this has been described in the International
Helsinki Federation of Human Rights Report as "unjust" because
of a number of decisions by the tribunal in which workers'
rights were not considered to have been adequately protected.
The laws governing the proceedings of the Industrial Tribunal
have not changed.
In the case of the Public Service Commission, before which
government employees' disputes are heard, complainants are not
represented by legal counsel but may be represented either by
a union representative or a friend.
978
THE NETHERLANDS
The Netherlands is a parliamentary democracy headed by a
constitutional monarch. The Dutch political system features
nationwide proportional voting for a bicameral parliament, in
which the full range of the political spectrum is represented.
The Dutch have a free market economy with an extensive social
welfare system providing a relatively high level of social
benefits .
The Netherlands continues to attach great importance to human
rights in its foreign and domestic policies. Internationally
recognized rights are protected by Dutch law and respected in
practice. In 1987 regulations were enacted which codified the
rights of asylum seekers but limited the right of appeal in
the case of a refused application for asylum or refugee
status. A National Advisory and Consultation Board on
Minority Policy, which includes representatives of seven
ethnic groups, advises the Government in all matters of
minority policy.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Killing for political motives by government or domestic
political groups did not occur.
b. Disappearance
Abductions, secret arrests, and clandestine detention by
police or other official security forces did not occur.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and other cruel or inhuman punishment are prohibited
by law and do not occur in practice. Prison conditions are
good by international standards.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Freedom from arbitrary arrest and imprisonment is ensured by
law and respected in practice. There are no political
prisoners in The Netherlands. A right of release from
detention exists in practice. Preventive detention is
permitted for a limited time only in periods of emergency upon
declaration by national or municipal authorities. This power
is used infrequently, and normally a person can be held
incommunicado no longer than 6 hours. Persons suspected of
committing serious crimes can be held for cause up to 106 days
before either charges are brought or the person is released.
This form of incarceration is frequently used in drug
smuggling cases. Exile is unknown in The Netherlands. There
is no forced labor.
e. Denial of Fair Public Trial
The right to a fair public trial is ensured by law and
respected in practice. Defendants have the right to counsel,
and a system of free or low-cost legal assistance exists for
those unable to pay for such counsel. Charges must be
979
THE NETHERLANDS
formally stated. The judiciary is independent, with a
functioning appeals process and a Supreme Court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
A judicial warrant is required to enter a person's home or to
monitor private correspondence. The State respects individual
freedom of choice in family matters.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
An independent press, an effective judiciary, and a
functioning democratic political system combine to ensure
freedom of speech and press. A feature of media policy is the
allocation of broadcasting time to all social and political
groups, which ensures that minority viewpoints are heard.
There are no prepublication restraints on any media, but a
broad social understanding exists that the mainstream media
will not disseminate sensitive information involving national
security, defense, or the royal family.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association are generally not
restricted. During 1987, however, local government
authorities on two occasions refused to permit rallies by a
rightwing political party, the Center-Democrats, on the
grounds that such demonstrations would be detrimental to
public order. Various private interest groups exist and play
an active role in the political process.
The right of unions to organize and bargain collectively is
well established. The active trade union movement includes in
its membership approximately 30 percent of the employed labor
force. Unions, while entirely free of government and
political party control, have a strong influence on political
life and are actively courted by the political parties. They
are free to maintain relations with recognized international
bodies. All union members, except civil servants, have the
legal right to strike. Civil servants do, however, strike
without serious repercussions. Negotiations between the civil
service unions and the Government take place in a legally
established central negotiating body.
c. Freedom of Religion
There is full freedom of religion. State subsidies in the
educational field are provided to religious oranizations which
maintain educational facilities. The amount of the subsidy is
based on the number of students attending those schools,
subject to limitations on the nation's budget for public
schools .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is freedom of domestic and foreign travel, emigration,
and repatriation. Due to the shortage of housing, there are
some legal restrictions on the transfer of residence to the
major cities.
980
THE NETHERLANDS
The Netherlands has provided first asylum for refugees from
Eastern European countries and permanent resettlement for a
limited number of persons (the quota for "invited" refugees
was increased in 1986 from 250 to 500 per year), principally
from Vietnam and Iran.
Regulations went into effect in April 1987 that streamlined
the Government's review of applications for asylum, which now
number more than 6,000 per year. Applications are adjudicated
within 48 hours of receipt, and applicants are given the
choice of departing the country or staying in a holding center
while awaiting appeal. Special administrative courts were
established to limit appeals and to hear such cases faster.
The new regulations also tightened criteria for the granting
of asylum to exclude those persons applying for refugee status
in The Netherlands whose true motives involved only economic
betterment, as well as those persons who had previously
applied in another European country.
During 1986 the Government continued implementation of a pilot
program for return migration set up in 1985. Financial
assistance was provided to persons wishing to leave The
Netherlands for their home countries but who lacked the means
to do so. The Government anticipates continuation of this
program which, however, affects only a small minority of
foreign-born workers.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Netherlands is a functioning multiparty democracy.
Nationwide elections are held every 4 years (or more
frequently in the event of a parliamentary vote of no
confidence). In the most recent general election in May 1986,
the center-right coalition, which has been in power since
1982, was reelected. Provincial elections were held in March
1987. In June 1987, the provincial legislatures selected the
Upper House of Parliament on the basis of proportional
representation. Ten political parties have seats in
Parliament, representing all points of view from the far right
to the far left. Women have full political rights and are
increasingly represented in political life. Approximately 20
percent of the members of the Lower House of Parliament are
women .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is acutely sensitive to allegations of human
rights violations both domestically and internationally. The
Government considers itself a leader in monitoring human
rights abuses and readily assists international and
nongovernmental organizations in their investigations.
Support for human rights is a key tenet of Dutch foreign
policy. The Netherlands is a strong advocate of human rights
both bilaterally and in international forums, including the
United Nations and its agencies and the Conference on Security
and Cooperation in Europe. The Dutch have repeatedly spoken
out against human rights violations in Eastern Europe and in
Suriname. Foreign Minister van den Broek used his visits to
Poland and Hungary during 1987 to raise human rights issues
and to hold well-publicized meetings with dissident leaders.
981
THE NETHERLANDS
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The problem of integrating racial and ethnic minorities
effectively into national economic and social life remains the
most difficult issue related to human rights confronting the
Government. Thousands of persons from Suriname and The
Netherlands Antilles have come to live in The Netherlands
since 1975. In addition, there are significant numbers of
foreign workers and their families, mostly from Turkey and
Morocco. These groups face some overt private discrimination
in housing and employment, as well as practical limits on
opportunities for social and economic advancement as a result
of educational levels that are inadequate compared to those of
the majority of Dutch citizens. Unemployment among minority
groups runs significantly higher than among the population as
a whole.
There is widespread fear among the Dutch that discrimination,
prompted by recent difficult economic adjustments, is
increasing. Isolated incidents of violence against persons
for racial reasons continue to take place. Partly as a result
of these incidents, the Government in September 1987
introduced legislation which forbids discrimination on the
basis of age, sex, religion, race, ethnicity, or sexual
preference. Religious organizations may be granted a broad
exemption.
Government policy to combat discrimination is outlined in its
1983 "minority note," a comprehensive plan of action to
address the problems of minorities in the fields of health,
education, employment, and the law. The National Advisory and
Consultation Board on Minority Policy was recently
incorporated by legislation into the administrative structure
of the country. It is chaired by the Minister of Internal
Affairs, includes representatives of seven ethnic minority
groups, and acts as a consultative body to the Cabinet on
minority issues and as a conduit into the Government for the
expression of minority concerns. That legislation also
introduced administrative tribunals for filing claims of
discrimination against employers and the Government, as well
as in housing matters. These tribunals have provided a
practical means of redress for discrimination claims.
As a further step toward integrating ethnic minorities, the
Parliament voted to give noncitizens who have resided in The
Netherlands for more than 5 years the right to vote in
municipal elections. In 1986, in the first elections in which
resident aliens were allowed to vote, about 20 percent of
those eligible to vote did so.
Women enjoy full legal and political equality. In economic
life, the entry of substantial numbers of women into the labor
force occurred somewhat later in The Netherlands than in most
Western industrialized countries. During 1986, however, women
reached the average European Community rate of participation
in the labor force. Women's average wage rates in
nonagricultural employment in 1984 amounted to 76.3 percent of
those of men.
CONDITIONS OF LABOR
Dutch law provides extensive protection of health and safety
for workers. These provisions, already adequate, are being
982
THE NETHERLANDS
strengthened by a four-phase program due for completion in
1990. The standard workweek, before overtime, is 38 hours.
The minimum age for full-time employment of young people is
16. At 16 years of age, youth may work full time only if they
have completed the mandatory 10 years of schooling. Children
still in school at age 16 may not work more than 8 hours per
week. Laws prohibit children under the age of 18 from working
at night, overtime, or in areas which could be dangerous to
their physical or mental development.
The minimum wage for adults (23 years of age and up) is
approximately $1,000 dollars per month. The minimum wage for
young workers is on a sliding scale beginning at 30 percent of
the adult wage for 15-year-olds and increasing to 88 percent
of the adult wage for 22-year-olds. The purpose of this
reduced minimum wage law is to provide incentives for
employing young people, one of the groups with the highest
rate of unemployment .
Workers 18 years and older receive a minimum paid vacation of
15 days per year. Full-time workers between the ages of 16
and 18 receive more minimum paid vacation, 20 days per year,
as more leisure time is thought necessary for their proper
development. Wages are sufficient to provide a decent living
for workers and their families. An extensive system of
unemployment benefits allows recipients to maintain an
adequate standard of living. On January 1, 1987, the
Unemployment Insurance Act and the Unemployment Provisions Act
were superseded by the new Unemployment Insurance Act (NWW) ,
which sets benefits at 70 percent of the last daily wage
earned. The duration of an NWW benefit entitlement depends on
the age and employment record of the claimant.
983
NORWAY
Norway is a constitutional monarchy and parliamentary
democracy. King Olav V is the titular Head of State, whose
role is mainly symbolic. Norway is governed by a Prime
Minister, Cabinet, and a 157-seat Storting (parliament) which
is elected every 4 years and cannot be dissolved.
An advanced industrial state, Norway has a mixed economy
combining private, public, and state ownership. Personal
freedoms, such as freedom of association and of speech, and
the right to pursue private interests and to hold private
property, are protected by the Constitution and respected in
practice.
Deeply rooted democratic principles, a strong egalitarian
tradition, a lively press, and highly developed educational
and social welfare systems have made Norway a leading defender
of human rights in the world. During 1987 domestic human
rights issues included the rights of new immigrants, of those
seeking political asylum, and of those who object to military
service on political grounds. There was also a continuing
concern for expanding opportunities for women.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Politically motivated killings have not occurred.
b. Disappearance
Secret arrests and detentions have not occurred.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and other cruel, inhuman, or degrading treatment or
punishment do not exist in Norway's humane penal system. The
maximum sentence is 21 years. The emphasis in Norwegian
prisons is on rehabilitation.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Norwegian law provides for arrest warrants, which are used
except in circumstances such as hot pursuit. Persons may be
detained for up to 4 hours without being charged. A person
charged with a crime has the right, observed in practice, to
appear before a judge for arraignment within 24 hours. If
charges are formalized at the arraignment, the judge then
determines whether the detainee should be kept in custody or
released pending trial. A strong case must be made to justify
detention. Possible grounds include fear of flight, the needs
of the investigation, and fear that a detainee will commit
further crimes.
Although a provision for bail exists in Norwegian law, it is
rarely, if ever, used. A person in pretrial detention
generally appears before a judge every 4 weeks for a new
determination of the necessity of continued detention. There
is no legal limit on the time a prisoner may be held before
trial. Pretrial detention of more than a year is, however.
984
NORWAY
rare. Preventive detention exists but is used infrequently,
as in the temporary detention of rowdy youth by police.
Forced or compulsory labor is not practiced.
e. Denial of Fair Public Trial
The right to a fair, public trial is ensured by law and
honored in practice. Only in certain cases, including those
involving state security or private family matters, are trials
closed. In criminal cases, Norwegian citizens and aliens are
entitled to free counsel of their choice, regardless of their
income. In certain civil cases, indigent persons are
guaranteed free counsel. Charges are stated formally and
clearly. Except for the Labor Court, which mediates
industrial relations disputes, the civil court is Norway's
only judicial system and thus tries military and security
cases as well. The judiciary is independent of both the
legislative and the executive branches of government, as well
as of the military.
In recent years, the legality of imprisoning those refusing
both military service and alternative civilian service has
become a public issue. Persons refusing both kinds of service
have been held in prison for up to 16 months (a period
equivalent to military service) without a trial. Detention is
based on an administrative decision and not on a trial.
Persons detained in this manner are considered soldiers who
have refused duty and thus receive salary and benefits
normally accorded to military recruits during this period of
confinement .
In its 1987 Report, Amnesty International expressed concern
about the imprisonment of conscientious objectors to military
service. In 1986 it had designated one such objector a
"prisoner of conscience" after a Norwegian court concluded
that his refusal to carry out military service was based on
sincere conviction but not on purely pacifist principles. The
prisoner went on a 29-day hunger strike, was transferred to a
hospital, and then escaped. Since then, this issue has not
been publicly discussed.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The privacy of the family and the person is free from
arbitrary interference by the State. Police may conduct
searches of the home only with court approval and in instances
of hot pursuit or when they fear evidence is being destroyed.
There were no allegations of forced official entry into
Norwegian homes in 1987. In most cases, wiretapping is
prohibited by law, but it can be used in state security cases
or narcotics offenses when officially approved by the court
within carefully drawn and monitored legal guidelines.
Correspondence may be opened only with authorization of the
court in cases involving state security.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
these freedoms are respected in practice. In addition to
restrictions on slander and libel, Norwegian law forbids
racist or sexist remarks in print or public speech. No one
985
NORWAY
may publish information concerning national defense which
could prove damaging to Norwegian security.
Norway has an active and diversified press sustained in part
by government subsidies. Television and radio have long been
operated by one state-owned broadcasting company, but the
Government does not exercise direct editorial control. In
recent years, an experimental program for local, low-power
radio stations has been expanded throughout the country, and
licenses have been granted to private groups to operate local
cable television stations.
Certain restrictions apply to the showing of films. The State
Film Control Board has the authority to censor or ban any film
deemed overly violent, pornographic, or blasphemous. There is
no evidence that any films have been censored because of
political content.
b. Freedom of Peaceful Assembly and Association
Norwegians exercise these freedoms without restraint. Public
demonstrations require advance permission, which is usually
given routinely.
Unions have the right to organize, negotiate, and strike. The
Government, however, has the right to invoke compulsory
arbitration under certain circumstances, with the approval of
the Storting.
With membership totaling about 60 percent of the work force,
unions play an important role in Norway's political and
economic life and are consulted by the Government on important
economic and social problems. Although the largest trade
union federation is associated with the Labor Party, all
unions are free of party and government control. They
maintain strong ties with international bodies such as the
International Confederation of Free Trade Unions.
c. Freedom of Religion
The state church is the Evangelical Lutheran Church of Norway,
which is financially supported by the State and to which 93
percent of the population belongs. There is a constitutional
requirement that the King and half of the Cabinet belong to
the state church. In addition, the Workers' Protection and
Working Environment Act permits prospective employers to ask
job applicants in certain categories of work, such as
positions which can influence child development, whether they
respect Christian beliefs and principles.
Approximately 4 percent of the population are registered
members of 20 other denominations which operate freely and may
proselytize. No religious community is required to register
with the Government unless it desires state support, which is
provided to all registered denominations on a proportional
basis in accordance with membership. Although the state
religion is taught in all public schools, children of other
faiths are allowed to be absent from such classes upon
parental request. If there are enough students of the same
faith, the school will arrange religion classes in that
faith. Workers belonging to minority denominations are
allowed leave for religious holidays.
986
NORWAY
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government does not impede foreign or domestic travel, and
Norwegians have full freedom of movement inside or outside
Norway. The right to voluntary repatriation is guaranteed.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Norway is a multiparty democracy ruled by an elected
government. Six parties are represented in the Storting;
distribution of seats is based upon proportional
representation by district. The Storting may reject or modify
government proposals; if a government loses a vote on a major
issue of confidence, it resigns, and a new government is
formed. The minimum voting age is 18, and voter turnout in
the 1985 parliamentary elections was almost 84 percent.
Foreigners who have resided in Norway for at least 3 years and
are otherwise eligible have the right to vote in local
elections only.
While the Sami (Lapps) are the only significant minority
(0.5 percent) with long residence in Norway, the influx of
refugees and guest workers has produced other minorities.
Neither the Sami nor any other ethnic minority is represented
at present in the Storting. Women hold approximately 35
percent of Storting seats and 44 percent of Cabinet positions,
and the Prime Minister is a woman.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Norway cooperates with nongovernmental investigations of
alleged violations of human rights. In recent years, Norway
has cooperated with both the European Human Rights Commission
and the United Nations High Commissioner for Refugees. Norway
is itself an active participant in international human rights
organizations .
within Norway, the Office of the Ombudsman provides a direct
route for individual complaints against government agencies.
A number of organizations monitor alleged human rights abuses
either inside or, more often, outside the country. They
include the Equal Rights Council (concerned with women's
rights), the Immigrant Council, the Oslo Peace Research
Institute, and the Norwegian Human Rights Institute. During
1985 an Advisory Council composed of government officials,
legal experts, and representatives from nongovernmental
organizations was formed to monitor human rights practices
internationally.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Through a highly developed social welfare system that reflects
a long tradition of egalitarianism, the Government provides
for the health, educational, retirement, and other needs of
its people regardless of race, religion, sex, ethnic
background, or political opinion.
Apart from an extremely small Finnish population in the
northeastern corner of the country, the Sami (Lapp) people
were Norway's only significant minority group until the influx
987
NORWAY
of immigrants during the 1970's. In recent years, the
Government has taken steps to protect the cultural rights of
the Sami by providing Sami-language instruction at schools in
Sami-inhabited areas, radio and television programs broadcast
or subtitled in the Sami language, and subsidies for the
publication of newspapers and books oriented toward the Sami.
There is a lively political debate on whether current
restrictions on non-Nordic immigration, in effect since 1975,
are racially motivated and whether immigrant minority groups
such as Pakistanis, Vietnamese, Turks, and Africans are in
practice treated equally by Norwegian authorities. The
Government provides legal protection for the rights of all
minorities and has taken active measures to help these groups
adjust to Norwegian society, including free Norwegian-language
instruction for any foreign resident.
In 1987 Norway experienced almost a fourfold increase in the
number of persons seeking political asylum. As a result, the
Government announced that it would no longer allow asylum
applicants who are not bona fide refugees to remain on
humanitarian grounds. Refugee policy also became a
significant political issue; one political party and numerous
candidates campaigned in local elections for a reduction, or
even cessation, in the flow of refugees to Norway. At the
same time, some human rights groups urged the Government to
accept more refugees and expressed concern over the adequacy
of treatment given those seeking political asylum in Norway.
Although there have been some problems in individual cases,
Norway has a well-organized system for managing refugee
af f airs--which includes advance planning, careful dispersion
of refugees throughout Norway, and generous welfare,
education, and vocational training programs.
Women form over 40 percent of the work force and are protected
under the Equal Rights Law of 1978 and other regulations.
Under that law, "women and men engaged in the same activity
shall have equal wages for work of equal value." A state
Equal Rights Council monitors enforcement of the 1978 law, and
an Equal Rights Ombudsman processes complaints of sexual
discrimination. The Government provides liberal maternity
leave and time off for either parent to care for their
chi Idren.
CONDITIONS OF LABOR
Children are not permitted to work full time before the age of
15. Ordinary working hours do not exceed 40 hours per week,
and 25 working days of paid leave are granted per year (31 for
those over 60). All workers are assured an adequate minimum
wage, with standards set by the Government within each
industry.
Under the Workers' Protection and Working Environment Act of
1977, all employed persons are assured safe and physically
acceptable working conditions. According to the Act, working
environment committees, composed of management, workers, and
health personnel, must be established in all enterprises with
50 or more workers, and safety delegates must be elected in
all organizations. The Directorate of Labor Inspections
ensures effective compliance with labor legislation.
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Poland is ruled by the leadership of the Polish United
Workers' (Communist) Party (PZPR), headed by General Wojciech
Jaruzelski. Jaruzelski is also the Supreme Commander of the
Armed Forces in his capacity as Chairman of the National
Defense Committee, as well as the Chairman of the Council of
State. Zbigniew Messner, an economist, is the Chairman of the
Council of Ministers. Two other parties, the United Peasants'
Party and the Democratic Party, are represented in the
Government and the Sejm (Parliament), but their representatives
collaborate closely with and are dominated by the Communist
leadership.
The Ministry of Internal Affairs supervises the uniformed
police, the powerful security apparatus, and the militarized
riot police.
Poland's large foreign debt service burden continues to
inhibit imports and slow economic growth. The Government has
made internal economic reform a priority and in October put
forward a reform package which, during the next several years,
is designed to restrict the role of the governmental
bureaucracy, ease direct control over enterprises, and attempt
to increase market supplies, thereby reducing demand-driven
inflationary pressures. In November, however, the Polish
people turned down the Government's proposed program as
formulated in a referendum. The Government subsequently
stated that it planned to pursue the same goals at a slower
tempo. Individual initiative and the role of private
enterprise are currently represented by the private farming
sector and a growing small business sector.
The exercise of human rights remains considerably restricted,
particularly in such areas as the right of assembly and free
association, worker rights, freedom from arbitrary detention,
the right to a fair trial, and, ultimately, the right of
citizens to choose their own government. Nevertheless, Poles
have some freedom of speech, access to a wide range of
independent (including church) publications, and the right to
worship freely and to travel abroad.
The 1986 amnesty for political prisoners accused or convicted
of crimes against the State or public order has continued to
hold more than 1 year later. The Government claims that there
currently are no political prisoners in Poland. However,
independent human rights monitoring groups contend that there
are approximately 20 persons sentenced or being held on
criminal charges for politically motivated activities. This
includes persons held for refusing military service and
refusing to take the military oath of allegiance.
The security service and the judiciary retain immense powers
to deal with political opposition. Legislation adopted in
1986, which allows for certain political offenses to be
treated as misdemeanors rather than felonies, was extensively
used in 1987 to discourage opposition activity. By the end of
1987, about 800 persons charged with political offenses such
as displaying Solidarity emblems or possessing illegal
publications have had to pay fines of up to 50,000 zlotys
(about $200 or twice the average monthly salary). In 15
cases, automobiles were confiscated if they were deemed to
have been instrumental in the criminal act. In addition, many
professionals and workers, not all connected with the
independent Solidarity trade union movement, which is now
illegal, lost their employment as a result of political
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activity and remained unemployed or were unable to continue
working in their professions.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no instances of political killing reported.
However, the Helsinki Committee in Poland listed at least four
deaths since December 1986 which it attributed to injuries
sustained during detention by the police.
b. Disappearance
Instances of prolonged or permanent disappearance have not
been reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although there were no reported instances in which the
authorities systematically used torture to extract information,
complaints are common that the militia and secret police have
mistreated, beaten, or tortured persons in their custody.
Many persons active in the opposition or taking part in
demonstrations reported that, while detained by the police,
usually for periods of several hours up to 2 days, they were
subjected to mistreatment ranging from verbal abuse to blows
with truncheons. In several instances, broken bones and
concussions resulted. For example, a young man detained twice
in a 4-month period by police in Plock had to be hospitalized
after fainting; medical examinations revealed both
hemorrhaging in the brain and damage to one eye. Other
detainees have lodged complaints that policemen repeatedly
banged their heads against concrete floors or metal arm rails
or kicked them in the face and genitals.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Polish law allows for a 48-hour detention period before the
authorities are required to bring formal charges. Certain
categories of offenses may actually be tried within 48 hours
of arrest under special, accelerated procedures whose use was
greatly enlarged under legislation passed in May 1985. This
legislation is due to expire in May 1988, and discussions are
now under way concerning possible renewal. In Polish practice,
after presentation of the legal basis of formal investigation,
arrestees may be held in indefinite "investigatory" or
"temporary" arrest until the investigation is completed and an
indictment filed. During this period there is no guarantee of
access to a lawyer, and visits are generally denied.
Once a formal indictment is filed in a case not handled under
accelerated procedures, the defendant is allowed ample time to
study the charges in consultation with an attorney of his or
her choice. A trial date is set only after the defendant
expresses readiness. Legal provisions for bail are rarely
used, but suspects, as well as those already convicted, are
sometimes furloughed for humanitarian reasons.
After the 1986 amnesty, fewer persons were detained for long
periods on vague or unspecified grounds. However, human
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rights groups and members of the opposition reported that the
number of brief detentions of up to 48 hours has burgeoned.
The Freedom and Peace Movement, a group concerned with
military draft, human rights, and environmental issues, which
sponsored an International Peace Seminar in Warsaw in May,
claimed that 27 activists scheduled to attend were detained
and thus prevented from participating. Opposition sources
charged that about 100 were detained in order to prevent them
from taking part in events connected with Pope John Paul II 's
visit in June. Many persons were held by police for up to 2
days for taking part in opposition demonstrations and
processions throughout the year. For example, about 150
demonstrators were detained for several hours in Krakow on May
3, the anniversary of Poland's 1791 constitution.
Polish authorities also make use of "warning talks," in which
they summon known opposition members on the eve of major
anniversaries or other events that are likely to be rallying
points for antigovernment displays and reportedly threaten
them with reprisals if they participate in any form of
demonstration. Sometimes persons called in for warning talks
were held in police custody long enough to prevent them from
taking part in public activities.
Polish law contains no provision for forced exile. Some
former political prisoners reported police statements in 1987
that harassment of them or their families would end only if
they emigrated. Some labor and political activists
occasionally expressed fears that they would be refused
reentry if they were to travel abroad, especially to the West.
Under 1983 legislation, persons who are registered as
unemployed, and who refuse to seek employment without adequate
justification, may be listed as "habitual parasites" and
compelled to accept assigned employment, usually in street
cleaning, park maintenance, or garbage collection, under
threat of penal sanction. Implementation of sanctions under
this law are rare, however, and to date the law has not been
specifically applied as a means of political coercion,
curtailment of the free expression of political or ideological
opinions, or racial or social discrimination. Some members of
the opposition, however, have reported that they have been
called in for interviews with the authorities under the
provisions of this law.
e. Denial of Fair Public Trial
Amendments to the penal code, enacted in May 1985 ostensibly
to ensure the speedy hearing of certain cases, greatly
enlarged the scope for application of specially accelerated
trial procedures that severely limit the rights of
defendants. In such summary trials, charges are made by the
police directly rather than by the prosecution, and the
defendants are not given an opportunity to choose an
attorney. The assigned public defender has little time to
discuss the case with his or her client and no time to search
for witnesses or for evidence of innocence, since the
defendant may be tried and sentenced within 48 hours of
arrest. Persons accused of inciting public unrest, possessing
underground publications, or participating in illegal
organizations have been convicted in the past under these
summary procedures. Provisions of these amendments were
rarely used in 1987. The legislation is scheduled to expire
in May 1988.
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In October 1986 the Sejm passed legislation that allows
certain crimes against public order (political offenses) to be
treated as misdemeanors subject to a maximum penalty of 50,000
zlotys (around $200 at the exchange rates of 1987 or twice the
average monthly salary) . The new legislation gives the
authorities the option of handling certain crimes either as
felonies or misdemeanors, depending on the perceived
seriousness of the offense. In the latter case, the accused
often does not have the benefit of a defense counsel. Of some
800 persons who reportedly have been arrested and tried in
misdemeanor courts since the enactment of the new law, the
majority has had to pay the maximum or close to the maximum
fine allowable. Property, such as typewriters and electronic
eguipment, was sometimes confiscated, as were 15 automobiles
alleged to have been used in the commission of crimes. In at
least two cases involving the possession of illegal
literature, the publications in question were not found in the
confiscated vehicles.
According to the Government, Poland has no political
prisoners. Since the 1986 amnesty, no prominent member of the
opposition has been sentenced to a jail term of any kind.
According to opposition sources, the number of political
prisoners in Poland stood at 19 by year's end, of whom 15 were
arrested after the 1986 amnesty. Approximately 10 of these
persons are in prison for charges stemming from their refusal
to serve in the army or take the military oath of allegiance.
The remainder were convicted of criminal or civil charges,
although their offenses are considered by independent human
rights monitoring groups to have been politically motivated.
During the visit of Pope John Paul II in June, five
demonstrators in Krakow were sentenced to the maximum
allowable 3 months' imprisonment on misdemeanor charges, the
only known cases since October 1986 of persons being held for
longer than 48 hours for political offenses. All were
released from jail after serving 3 weeks. Kornel Morawiecki,
a leader of the small, clandestine group "Fighting Solidarity"
(not part of the independent Solidarity trade union movement)
was arrested with an associate in November. At year's end, he
was being held on suspicion of smuggling and using false
identity papers but had not formally been charged.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Mail and phone calls are selectively monitored. Overt
censorship of the mail and announced monitoring of telephone
calls ceased with the suspension of martial law in 1983.
Packages to be mailed abroad must be assembled at the post
office in the presence of a customs official or postal
worker. It is generally assumed that the secret police uses
an extensive network of informers.
Polish citizens are not forced to participate in any political
organization, although it is understood that membership in the
PZPR is advisable for advancement in certain professions. The
Government does not interfere with the right to marry or to
have children as one chooses, nor does it prevent the teaching
of religion to children at home or in churches. In certain
cases, the Government may view as suspect the contact of its
citizens with members of the opposition or with foreigners.
In April the government spokesman publicly warned Poles to be
particularly wary of meetings with diplomats. Searches
without warrants do occur, although warrants are required
under Polish law under some circumstances. Foreign radio
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broadcasts from the West are sometimes jammed, and access to
foreign periodicals is limited.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and the Press
The Polish Constitution of 1952 provides for freedom of
speech. The freedom to express one's opinion in a private
conversation, whether or not in a public place, is generally
tolerated, while the freedom to distribute opposition
pamphlets or deliver an antigovernment speech in a public
place is not. Polish citizens can be arrested and fined for
writing, printing, distributing, or possessing publications
not approved by the authorities. Between November 1986 and
April 1987, 156 such arrests were reported by human rights
groups. In addition, there were numerous cases tried before
misdemeanor courts of persons who publicly wore or displayed
opposition symbols. Some Catholic churches sponsor or permit
alternative cultural and other activities on their premises
which are free from government interference. Such events also
take place in private homes. Several Catholic congregations
in Warsaw, Gdansk, Krakow, and elsewhere openly sponsor
programs sympathetic to the opposition with little direct
reprisal .
The Main Office for the Control of Press, Publishing, and
Public Performances oversees censorship of all media and
deletes material which it considers inimical to state
interests. In 1987 the censors permitted a very wide range of
opinion to be printed and broadcast on previously forbidden
topics. Practically all domestic matters, both political and
economic, currently seem to be open to public discussion.
Censorship is most actively applied to direct or implied
criticisms of the Soviet Union or other Warsaw Pact states.
Even in this sensitive area, however, public officials for the
first time referred to the circumstances surrounding the
Soviet invasion of Poland in 1939, the subsequent deportation
of Poles, and the Katyn Forest massacre of Polish army
officers by the Red Army. A number of controversial films on
political topics previously withheld from public release
appeared in the theaters. Members of Solidarity were featured
on state-owned television in debates and discussions with
government representatives. Recently, Polish State Radio
began a weekly program of broadcasts, without comment, of
critical political commentaries from Western radio stations,
including Radio Free Europe and the Voice of America.
Within the framework of official censorship, Poland has a
diversified press. In the major national dailies, which are
closely identified with various elements of the ruling elite
(e.g., the Communist party, the armed forces, or the
government apparatus), the distinct interests of each group
often may be detected. In recent years, there has been a
noticeable loosening up of the focus and scope of public
debate, especially in such areas as the economy, ecological
problems, and certain topics in Polish history. State-owned
newspapers offer a limited range of contending opinions and
may even serve as a forum for discussion of such controversial
domestic issues as national reconciliation and the role of the
church and labor unions. Nongovernmental publications such as
those issued by the Catholic Church as well as independent
Catholic lay publications, such as Tygodnik Powszechny and
Wiez, continue to offer a credible voice wholly distinct from
the government-run media. In subtly addressing a wide range
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of issues, these publications customarily indicate within
printed texts where censors have deleted material and which
provision of the censorship law has been invoked. A similar
technique was employed by Res Publica, an independent
intellectual journal which, after a lapse in time, reappeared
in 1987. The legal appearance of Res Publica may signal the
Government's desire to demonstrate greater tolerance for some
nonofficial points of view.
Despite pressure, Poland's extensive network of underground
publications continues to flourish with official acquiescence,
and scores of national and local newspapers and periodicals
appear regularly. These publications are generally associated
with the banned Solidarity trade union, as are myriad
pamphlets, brochures, and books which enjoy wide circulation
despite illicit publishing. In two major cases in 1987, the
authorities, with much fanfare, confiscated printing equipment
and reproduction machines allegedly being smuggled into Poland
for use by the underground. Despite chronic shortages of
materials and equipment, many opposition publications appear
in a regular and timely fashion. Also thriving is an
underground video market which is even less vulnerable than
the printed media to government control. There are still
brief, unscheduled opposition radio broadcasts.
Poland is the home of the only independent university in
Eastern Europe, the Catholic University of Lublin (KUL) .
KUL ' s very existence, as well as its extensive ties to
institutions and persons in the West (it counts Pope John Paul
II among former faculty members), is visible evidence of the
national and religious traditions which still help to shape
Polish higher education. There are also a number of diocesan
seminaries, independently administered by the Bishop Ordinary
in Poland's dioceses.
However, amendments adopted in 1985 to the 1982 Higher
Education Law increased governmental control over universities
and other college-level institutions. One of the most
substantial measures empowered the Minister of Science, Higher
Education, and Technology to approve all candidates for
university rector and other high offices before the names of
the candidates could be submitted to university senates for
elections. According to the Polish press, before elections
held in 1987, three candidates were eliminated through this
process, although it was not reported at which institutions.
While the actual number of such vettings thus appears to have
been small, it is impossible to determine how many potential
candidacies were effectively ruled out by this procedure.
The other major governmental intrusion on academic freedom was
the "verification process," a program announced in 1985
ostensibly to weed out less productive academics in midlevel
positions. Despite the fear that the program would be used to
strip selected faculty of their tenure and teaching
responsibilities, and although in 1986 certain universities
removed some faculty members, there was no wide-scale purge.
Even some opposition activists passed through the verification
process successfully.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is at government
sufferance and subject to tight restrictions. Permits are
required to hold public meetings or rallies. Requests for
permits for protest meetings are routinely denied, but
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unofficial discussion groups and alternative cultural events
continue to take place in churches and private homes with the
toleration of the authorities.
The frequency and intensity of large-scale public
demonstrations continued to decrease in 1987 compared to 4 or
5 years ago, with the result that there were fewer violent
confrontations with police. The most serious clashes occurred
nationwide during May Day observances, unofficial celebrations
of Polish Constitution Day on May 3, and commemorations of the
signing of the Gdansk Accords on August 31. Western news
media reported that on May 3 tear gas was sprayed at
worshipers as they left St. John's Cathedral in Warsaw (these
reports were later denied by the Government) . In major cities
throughout Poland, the authorities met antigovernment displays
on these anniversaries, as well as the large crowds gathering
to greet Pope John Paul II during the Polish Pontiff's visit
in June, with a heavy mobilization of militia. The police
presence and use of force tended to be less overt in those
cities customarily covered by Western news agencies (Warsaw,
Krakow, Gdansk), while demonstrators in other cities removed
from media observation (such as Wroclaw, Lublin, and Torun)
tended to suffer more serious reprisals.
Under Polish law, associations and clubs need official
permission or sponsorship to function legally. Among the most
significant of Poland's many clubs is the Catholic
Intellectuals' Club (KIK) . KIK sponsors lecture series and
other independent activities that are open to the public with
little or no interference from the authorities.
Some officially sponsored professional associations were
formed after the Government's dissolution in 1983 of the
writers' and journalists' unions and other organizations which
had attained considerable independence during the 1980-81
period. These successor groups have failed to earn the
support of a significant proportion of Poland's intellectuals,
despite material incentives to join. In September 1987, the
dissolved Journalists' Association attempted to register with
the authorities, but its bid for recognition was again denied.
The law permitting the formation of nonprofit, independent
foundations for certain charitable, social, and health
purposes remains in effect. The Church Agriculture Committee
(a scaled-down version of the defunct Polish Agricultural
Foundation) was granted certain legal rights in 1987 and was
established formally. In addition, in 1986 an association was
formally established in Krakow which essentially operates as a
chamber of commercial unions. All unions must receive court
permission to exist. The Polish chapter of PEN, an
international writers' organization, is still suspended.
The Sejm in 1987 adopted amendments which indefinitely
postponed the possibility of trade union pluralism contained
in the 1982 Trade Union Act. Government leaders on several
occasions in 1987 underscored the official position that union
pluralism is out of the question because it would be divisive
in the workplace and reduce worker efficiency. Hence, only
government-controlled unions are permitted; consequently,
workers are not free to associate in labor unions of their own
choosing .
Leaders of the official unions, the vast majority of which are
grouped under the umbrella of the National Alliance of Trade
Unions (OPZZ), formally established in November 1984, have
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vehemently opposed trade union pluralism. The leadership of
the OPZZ has made clear that the official unions should be a
partner to the authorities. The OPZZ acknowledges the right
of unions not formally affiliated with it to exist, as long as
they are registered with the courts, a qualification that
excludes Solidarity unions from consideration.
At the International Labor Organization (ILO) Conference in
1987, the two democratic trade union internationals (the
International Confederation of Free Trade Unions and the World
Council of Labor) challenged the credentials of the OPZZ
delegation on the grounds that the Solidarity trade union was
excluded from the delegation and the process of forming it.
The credentials committee ruled that while the OPZZ did
represent a substantial proportion of Polish workers.
Solidarity had not lost its representative character.
The Government continues to consider Solidarity-affiliated
unions illegal organizations. In August four factory-level
Solidarity groups in Torun and Szczecin failed in their
attempt to register legally as trade unions. The legal
pretext for the refusal of registration was the preexistence
of officially sanctioned trade unions in the workplaces.
Nevertheless, Solidarity members play an active role in
workers' self-management committees in some factories.
In October Solidarity announced its decision to dissolve its
two governing branches, the underground Temporary Coordinating
Committee and the Provisional Council created after the 1986
amnesty. A new national Executive Commission was formed in
their place, and its membership was publicly announced. The
Government has declared the commission illegal, though it took
no steps actively to suppress it. The day-to-day activities
of Solidarity's top leadership are not normally repressed, and
known activists commonly meet both each other and Western
journalists and diplomats without overt official interference.
Many Solidarity members, including its leaders, are subject to
various forms of harassment, however, and they may be detained
sometimes, as noted in Section l.d. More visible leaders of
the opposition seem to have greater leeway in their movements
and contacts than do low-level organizers, who seem subject to
more severe official harassment.
The 1982 Trade Union Act severely circumscribes the right to
strike, making legal work stoppage virtually impossible.
Occasional wildcat strikes have been settled at the factory
level, although their existence is not publicly acknowledged.
Leaders of such strikes, if identified, may face discrimination
in the workplace or even lose their jobs. Many opposition
activists, both profesionals and workers (opposition estimates
run as high as several thousand) , continue to be unemployed or
employed in jobs not in keeping with their qualifications as a
result of their political activities.
c. Freedom of Religion
The Constitution ensures "freedom of conscience and belief,"
and Polish citizens (other than party members, who are
discouraged from overt religious practice) enjoy considerable
freedom to profess their religious beliefs.
Poland is predominantly Roman Catholic. The Church maintains
over 3,300 churches, schools, and other institutions, and a
vigorous program of building new chuiches is going on with
state permission. The Catholic Church publishes significant
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numbers of books and periodicals, as does the independent
Catholic press, though there are some practical restrictions,
such as limited access to printing equipment and government-
allocated paper. Sunday Catholic mass and services of other
religions are broadcast. Preparations by the Church and
Government for the visit of Pope John Paul II in June 1987
were notably smoother than for his two previous visits.
Discussions in 1987 were actively pursued concerning the
establishment of diplomatic relations with the Vatican, with
both sides expressing optimism about the prospects. Despite
improved church-state relations, however, the worldviews of
the Communist authorities and the Church remain antithetical,
and individual clergy and Catholic lay leaders carried on
their at times vigorous campaigns for greater individual
freedom and respect for human rights.
There is no government-sponsored discrimination against
minority religions. Eastern Orthodox, Protestant, Jewish, and
Muslim congregations meet without interference but find it
difficult to maintain their places of worship and train their
clergy, mainly because of their small size, wide dispersion,
and limited financial resources. Several Jehovah's Witnesses
are in jail for refusing to perform Poland's obligatory
military service.
The largest minority religion is the Orthodox faith, with
between 800,000 and 1.5 million faithful concentrated in
Poland's eastern provinces. The Orthodox Church maintains 350
places of worship and has begun an ambitious program of church
building and monastery renovation. It sponsors the
publication of a number of books and several periodicals and
broadcasts its masses on Polish radio four times a year. As a
result of recent administrative action, it has obtained the
return of some religious buildings previously under government
control. Apart from financial difficulties, there have been
complaints of Polish ethnic prejudice (most of the Orthodox
faithful in Poland are of Byelorussian, Ukrainian, or Russian
origin). Orthodox believers face a major problem in
maintaining contact with their religious brethren in the
Soviet Union because of restrictions on their movements across
the border by both the Polish and Soviets Governments.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no formal restrictions on travel within Poland.
There are also no legal restrictions on changing one's
residence, but in practice the housing shortage makes this
difficult to do. Cases of persons working in one location and
legally residing hundreds of miles away are known. In most
cases, Polish citizens are free to travel abroad provided they
possess sufficient hard currency to finance their trip, or are
invited by a person residing abroad. The authorities state
that 96 percent of all passport applications are approved.
Criminals, persons with access to military and other secrets,
and some opposition activists were among the categories in
1987 most likely to be denied permission to travel abroad. In
July the Government liberalized passport and travel
regulations, making it easier in principle for Poles who have
lived abroad illegally (from the point of view of the Polish
authorities) to return to Poland without harassment or
reprisal.
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Most applicants for emigrant passports eventually obtain
them. The recent liberalization of passport issuance policy
has made it easier for certain groups of persons, such as
family members of Polish citizens who have "illegally"
remained abroad, to obtain permission to emigrate. In order
to receive an emigration passport, Poles must divest
themselves of real estate owned in Poland and they must obtain
customs permission for any personal items they wish to take
with them. After establishing legal residence abroad, a
Polish citizen can obtain a consular passport and can also
revalidate a tourist passport for visits to Poland. During
bilateral consular talks held in October between U.S. and
Polish government representatives, the Polish Government
stated it would reduce significantly the number of divided
families on the American list.
Poles living permanently abroad have often refused to return
to Poland to visit families for fear of reprisals by the
Government (such as confiscation of their passports which
would enable them later to exit the country) . In July,
however, the Government announced liberalized passport
policies, among which was mentioned the guarantee that persons
abroad "illegally," including those who obtained asylum,
refugee status, or citizenship in a foreign country, would not
face reprisals upon returning to Poland unless guilty of
anti-Polish or criminal activities.
Under Polish law, only the Council of State may revoke
citizenship. Involuntary revocation must be based on one of
the following activities: actions violating the duty of
allegiance to the Polish State; actions detrimental to the
substantial interests of Poland; departure from Poland after
May 9, 1954 and failure to return when so reguested by the
Polish Government; evasion of military service; or conviction
abroad of a crime also recognized as a felony under Polish
criminal law. The Government rarely revokes citizenship.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Poles do not have the right to change the system of
government. Poland is ruled by the PZPR or Communist party,
which, through its head. General Jaruzelski, and a small group
of his advisers, determines national policy goals. Policy is
normally implemented through the government ministries and
through a parallel party bureaucracy that complements and
interacts with the ministries. The party is not always
clearly the dominant force. The military and security
services, as well as various economic ministries, often play
key roles not only in the exercise of power but also in policy
formulation. The two coalition partners, the United Peasants'
Party and the Democratic Party, are responsive to PZPR
guidance. The Patriotic Movement for National Rebirth, an
umbrella group of political, economic, and social
organizations, is directed by the authorities.
The Constitution specifies that the Sejm is the chief
legislative body of Poland. The Sejm can be counted on to
pass, nearly unanimously, any legislation that the Chairman of
the Council of Ministers and relevant bureaucracies propose,
and does not, as a rule, generate legislation itself.
Nevertheless, when the authorities seemed undecided or divided
during 1987, deputies in the Sejm were, on occasion, able to
modify proposed legislation, especially in behind-the-scenes
committee sessions.
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In November police broke up a meeting of opposition figures
attempting to form a new Polish Socialist Party independent of
government control. Several participants were detained
briefly.
In December 1986, the Government formed a 56-member
Consultative Council to serve as an advisory body to the
Chairman of the Council of State. The Council is composed of
proregime figures and a handful of independents of some
stature, but has no members currently associated with
Solidarity. Other independent and opposition figures have
denounced the Council as nonrepresentative of society. As of
November 1987, the Council had held five lengthy meetings. At
each one. General Jaruzelski was present throughout to debate
controversial contemporary problems which otherwise might not
be granted a public hearing. Uncensored transcripts of a
portion of the Council's proceedings have been published and
provide a wider commentary on government policies and current
domestic issues than has been available in official sources in
the past. Legislation creating the Office of the ombudsman or
Spokesman for Citizens' Rights was passed by the Sejm in July
and will come into effect in January 1988. The incumbent, who
will be appointed by the Government, will have the right to
review and reverse administrative and legal decisions appealed
to him by individual Polish citizens.
A framework for national referendums was legislated in May.
The first referendum under this law, concerning the
Government's economic reform program and political
democratization measures, was turned down when only 46 percent
of all registered voters voted in favor. Although a majority
of those voting voted in favor, a favorable vote of more than
50 percent of all registered voters was reguired for passage.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no government-controlled or sponsored organizations
in Poland devoted exclusively to human rights issues, and
independent human rights groups have no official permission to
exist. However, there is an anonymous chapter of the Helsinki
Committee in Poland, which compiles occasional reports
evaluating the human rights situation in Poland. In June it
published its second Comprehensive Report for the Conference
on Security and Cooperation in Europe (CSCE) , entitled "The
Violation of Basic Freedoms in the Polish People's Republic
from November 1, 1986 to April 30, 1987." Underground
publications persisently raise guestions about human rights
practices in Poland, focusing primarily on labor and
police-related issues.
The Government is party to many international covenants with
human rights components, including the Final Act of the CSCE
signed in 1975. Government authorities typically contend,
however, that international and nongovernmental inguiries into
the state of human rights in Poland based on these agreements
constitute interference in Poland's internal affairs. The
Government did not cooperate in the implementation of the 1983
resolution of the U.N. Human Rights Commission asking the U.N.
Secretary General, or his designee, to prepare a comprehensive
report on the human rights situation in Poland.
Poland's decision to withdraw from the ILO, announced in 1984
and scheduled to take effect in November 1986, was made in
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response to the decision of the ILO's executive board to take
formal notice of the report of the ILO's Commission of Inquiry
into violations of international labor standards. However,
after postponing the effective date of withdrawal until
November 1987, the Polish Government notified the ILO on
November 16 that it was withdrawing its withdrawal notice to
the ILO.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Women's rights have not become a major public issue in
Poland. Historical circumstances, including World War II
losses of manpower, helped open many professions to women.
Women work in nearly all blue-collar trades, other than heavy
mining and steel, and in all professional fields. However,
despite their major presence in the work force and government
figures which show they are generally better educated than
men, women usually earn less than their male colleagues. Only
a small proportion of positions at the higher levels of local
and national government is filled by women.
Poland has a liberal maternity and child care leave policy
dating from the Solidarity-inspired Gdansk Accords. Women are
entitled to 4 months' paid maternity leave and up to 3 years'
unpaid leave with guarantees of returning to the same or a
comparable position. Depending on the family income, support
is sometimes provided for the entire duration of the leave
period. The Government and some places of employment offer
child-care services; however, these facilities do not come
close to meeting the work force's child-care needs.
CONDITIONS OF LABOR
The Polish Labor Code generally forbids the employment of a
person who has not reached the age of 15. The employment of a
"young person," defined as someone aged 15 to 18, is permitted,
provided the individual has completed basic schooling.
Special exceptions are sometimes required if a particular job
might pose a health danger. The Labor Code specifies that a
"young person" without professional qualifications may be
employed only for the purpose of vocational preparation,
although again there is provision for special exceptions.
The length and distribution of hours of work are regulated by
the Polish Labor Code and meet generally accepted international
standards. Paid annual holidays are provided. In practice,
most families find that both the husband and wife must be
employed in order to sustain an acceptable standard of
living. The Polish legal code spells out minimum conditions
for the protection of workers' health and safety, which seem
in most respects to meet the international norm. Poland,
however, suffers serious environmental pollution problems,
some of which particularly affect workers' health. There are
frequent allegations that some factories fail to maintain
government-regulated work, health, and safety standards, and
the official media occasionally publicize such cases.
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Portugal's parliamentary political system is genuinely
democratic and enjoys broad popular support. Civil rights are
outlined in the Constitution in accordance with the Universal
Declaration of Human Rights. The President of the Republic
and the members of the legislative Assembly of the Republic
are freely elected by secret ballot. Former Prime Minister
Mario Soares was elected as Portugal's first civilian President
in 60 years in 1986; in 1987 Prime Minister Cavaco Silva was
reelected with a majority in the Assembly.
Although large segments of the economy were nationalized in
the wake of the 1974 revolution, recent governments have
opened the banking sector to private competition and have
permitted private participation in some state-run companies.
The Government proposes to revise the Constitution in 1987-88
to remove the current ban on denationalization. If it is
successful, a step-by-step process will begin to open other
state-run firms in such key industries as pulp/paper,
petrochemicals, and the press/media to majority private
participation.
There have been no terrorist attacks in Portugal since July
1986. Prior to that time, however, terrorists occasionally
struck both Portuguese businessmen and U.S. or NATO targets in
Portugal. To combat terrorism, the Government set up in 1986
the first civilian/military intelligence service since the
abolition of the secret police after the 1974 revolution.
An ombudsman, elected by the National Assembly to serve a
5-year term, is Portugal's chief civil and human rights
officer. Any citizen may apply to the Ombudsman for relief.
He receives about 3,500 complaints annually, the vast majority
of which involve cases of alleged maladministration by the
cumbersome Portuguese bureaucracy.
The human rights scene in 1987 was stable. The Government and
its institutions continued to act in a manner consistent with
overall respect for human rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Portugal experiences a low level of violence, and government-
sanctioned political killings do not occur. In recent years,
a radical terrorist group, FP-25 (translated as the "Popular
Forces of the 25th of April," referring to the April 1974
revolution), has claimed responsibility for several murders,
armed attacks on Portuguese nationals, and numerous bombings
and attempted bombings of Portuguese and foreign (U.S. and
NATO) installations. Active law enforcement efforts and the
absence of public support have sharply cut into the FP-25 's
ability to carry out violent operations during the last 2
years .
b. Disappearance
The police and armed forces did not arrest anyone secretly,
nor was anyone abducted by terrorist organizations in 1987.
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c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment.
The Constitution forbids torture and the use of evidence
obtained under torture in criminal proceedings. It also
prohibits inhuman or degrading treatment or punishment.
According to the Ombudsman, in 1987 there were no allegations
of the use of torture or other cruel, inhuman, or degrading
treatment or punishment.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
According to Portuguese law, a prosecuting judge reviews cases
against persons arrested and accused of a crime to determine
whether they should be detained or released on bail. No one
may be held for more than 48 hours unless a prosecuting judge
orders preventive detention which is limited to a maximum of
4 months for each crime. Detention beyond the authorized 4
months, however, is not unusual in capital crimes such as
murder or armed robbery because of delays in Portugal's
cumbersome, backlogged judicial system. Detainees and persons
in preventive detention have access to lawyers, who are able
to protect their clients' rights through legal channels and
through publicity in the free press.
Exile and incommunicado detention are illegal and not
practiced in Portugal. Forced labor does not exist.
e. Denial of Fair Public Trial
Portugal has an independent and impartial judicial system.
All trials are public except those which may offend the
dignity of the victim, such as in cases involving sexual abuse
of children. The accused is presumed innocent until convicted.
A clear procedural distinction exists between the arrest and
trial of an individual. A panel of three judges (which does
not include the prosecuting judge) presides over cases which
go to trial. A ministerial delegate assists the judges in
reviewing the evidence. At the request of the accused, a jury
may be used in trials for major crimes. The judges or jury
may render the verdict; sentence may be passed only in the
presence of the defense attorney.
Portugal holds no political prisoners, although some radical
leftist opponents of the regime have claimed that certain
persons imprisoned for participation in terrorist organizations
are political prisoners. These have included 64 persons found
guilty of membership in FP-25 and sentenced to terms of from
10 to 17 years in May 1987 at the conclusion of a 2-year trial.
Most noteworthy of these was Otelo Saraiva de Carvalho, leader
of the April 25, 1974 coup and mastermind of the shadowy,
terrorist "Global Project" organization, whose program
included overthrow of the Government by armed rebellion.
The convictions, which were widely viewed as dealing a major
blow to terrorist operations in Portugal and strengthening
Portuguese democratic institutions, were generally welcomed by
the Portuguese press, public, and legal community. At a
September 1987 conference in Portugal sponsored by the
partisan "National and International Committees for Justice
for Otelo," however, former U.S. Attorney General Ramsey Clark
criticized the law under which Otelo Carvalho was convicted
and alleged that both human rights violations and judicial
irregularities had occurred. Clark's charges, which received
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considerable press coverage in Portugal, were dismissed by the
Public Prosecutor, lawyers, and local human rights observers
as reflecting "profound ignorance" about the trial and
Portugal's independent judicial system.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
According to the Ombudsman, there were no reports in 1987 of
governmental intrusion into the private life of citizens. The
State does not tamper with private correspondence or
telephones. Wiretapping requires a court order. The
Constitution forbids forced entry into homes and searches
without a judicial warrant. In addition, entry into a
person's home at night requires the consent of the occupant.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and the press is provided for by the
Constitution and respected by the State. The constitutionally
mandated Council of Social Communication acts as a watchdog to
protect freedom of speech and access to the media. The
Council, whose members are elected by the Assembly of the
Republic, makes recommendations to the Assembly and has
enforcement powers (which have never been exercised) . The
opposition is free to voice its point of view, and the State
tolerates criticism, with two restrictions:
First, "Fascist organizations" are prohibited by law, but
elements on both the extreme right and left have participated
in elections without state interference.
Second, a person may be punished legally for "insulting" civil
or military authorities if such an "insult" was intended to
undermine the rule of law. There were no prosecutions for
"insult" in 1987.
Although the State indirectly subsidizes the press (through
its postrevolutionary nationalization of the banks, to which
the press is heavily indebted), it does not control editorial
comment. The entire spectrum of political thought is
represented in the Portuguese press. The Cavaco Silva
Government's economic program is also expected to eliminate
government subsidies to and ownership of some of the print
media. Obstacles to the conclusion of these sales are
administrative and economic rather than political or
ideological.
The State also owns Portugal's two television channels and two
of the three national radio stations. Under the new
Government's program, television and radio are expected to be
opened up to private channels. In principle, the Government
does not control television or radio programming. Since it
appoints the broadcast media's administrators, however, the
Government probably has some indirect influence on programming.
Opposition parties sometimes charge that television or radio
ignores or distorts their views and activities. Nonetheless,
as was particularly evident during the 1987 election campaign,
all views are aired, and political parties, trade unions, and
other organizations have a right to periodic access to
exclusive television time after the evening news program.
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b. Freedom of Peaceful Assembly and Association
Persons have the right, in law and practice, to associate
formally or informally, to promote nonviolent causes, and to
protest government policies. Public meetings or protests
require 24-hour advance notice to the civil governor of the
area in which the event is to be held. Permission is
routinely granted. Official registration of new political
parties requires 5,000 signatures.
Workers have the constitutional right to establish unions by
profession or industry. Collective bargaining is guaranteed
by law and practiced in both the public and private sectors.
Issues such as wages, working conditions, and fringe benefits
are regularly the subject of collective bargaining. Strikes
are permitted for any reason, including political causes.
Neither the Government nor unions publish membership
statistics, but approximately 45 percent of Portugal's work
force is unionized. Unions are free of government control but
are closely associated with political parties.
There are two labor federations in Portugal. The General
Confederation of Portuguese Workers (CGTP) , which is
controlled by the Communist Party, is active in Communist-
sponsored causes. The General Union of Workers (UGT) is a
pluralist democratic union affiliated with the International
Confederation of Free Trade Unions and the European Trade
Union Congress. UGT leaders are associated with either the
Socialist or Social Democratic Parties, and some have been
elected to the Assembly of the Republic. Membership in the
two federations is roughly equal, although the CGTP has been
gradually losing ground from its once prominent position after
the 1974 revolution. Since both federations want to represent
Portugal in the International Labor Organization, the Minister
of Labor has decided that they will do so in alternate years.
c. Freedom of Religion
Portugal does not have a state religion, and the Government
does not interfere with the free practice of religion,
missionary work, or religious publications. Organized
religions may freely establish places of worship, train their
clergy, and proselytize. To qualify as a tax-exempt
institution, an organized religion must legally establish
itself as a nonprofit, private society.
Roman Catholicism is the prevailing religion in Portugal, and
Catholic religious instruction is offered as an elective
course in public schools. Success in a civil, military,
professional, or political career does not depend upon
adherence to a religious creed. There were no reported cases
of religious persecution in 1987.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution ensures freedom of movement, foreign travel,
and emigration and places no formal restraints on domestic
travel or on the right of an individual to change domicile.
Some currency restrictions affecting foreign travel,
instituted during past periods of balance of payments
difficulties, remain in force although some have been
liberalized, and the Government is considering further
liberalization. Many Portuguese emigrate each year for
economic reasons or family reunification. A large number of
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these emigrants eventually return to Portugal, however, to
resettle or retire. Citizenship is not revoked for political
reasons .
A humane refugee program was established in Portugal by law in
1980. Displaced persons who qualify as refugees under the
United Nations definition are given permanent resident status
and work permits. In practice, displaced persons are not
forced to return to the country from which they fled.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Portugal is a multiparty, participatory democracy in which
candidates for the presidency or for the Assembly of the
Republic are freely nominated and elected. The unicameral
Assembly is the legislative body with the Prime Minister as
Head of Government. The President and the members of the
Assembly are elected by secret ballot and universal adult
suffrage. Opposition parties and candidates operate freely
and enjoy access to the media. The United Popular Front party
(FUP), however, was excluded from participating in elections
because of evidence linking the party with the terrorist
organization FP-25. General elections are held at least every
4 years. The President has a 5-year mandate and may serve no
more than two consecutive terms.
The population is predominantly European and ethnically
homogeneous. Portugal has a small African minority, most of
whose members emigrated to Portugal when the former Portuguese
colonies became independent following the 1974 Revolution.
There are no restrictions on political participation by
minority groups.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Portugal cooperates with independent outside investigations of
human rights conditions and actively participates in the
Council of Europe's monitoring of human rights. Amnesty
International, the Portuguese branch of the International
Commission of Jurists, and other private international human
rights groups operate freely in Portugal.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are no laws discriminating against any racial, ethnic,
or religious group nor complaints of any such group benefiting
from a privileged status in Portugal.
The Civil Code guarantees full legal equality for women in
accordance with the Constitution. Women play an active role
in political parties but remain underrepresented in party and
government leadership positions. A woman served as Prime
Minister in 1979 and was a serious candidate for the
presidency in 1985. Currently, women occupy 1 of 16
ministerial positions and 2 of 31 secretary of state (junior
minister) positions. Women are steadily increasing their
representation in universities, business, science, government,
and the professions. Traditional attitudes of male dominance
persist in some areas but are changing gradually.
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CONDITIONS OF LABOR
A nationwide monthly minimum wage for full-time workers was
first established in 1974 in Portugal. Minimum wages for
rural workers and domestic employees were legislatively
established in 1977 and 1978 respectively. With the exception
of 1982, minimum wages have increased every year. Workers are
required by law to be granted an individual written contract
which must include their professional category and salary, the
work site, the starting date, and the duration of the contract
(in the case of temporary workers). Employers are required to
contribute to an employee's social security fund. Legislation
limits work schedules to 8 hours per day and 48 hours per
week. Overtime is limited to 2 hours per work period, up to
120 annually. Work on a normal day off is restricted to 8
hours. These limits are respected in practice.
Child labor is not a general problem in Portugal, but there
appear to be some cases of companies operating outside the
law. The CGTP has charged that a number of "clandestine"
com.panies in the textile, shoe, and construction industries in
Northern Portugal exploit child labor. The Government has
acknowledged that abuses exist and has vowed to eliminate them.
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ROMANIA
Romania is a highly centralized Communist state. The
Constitution describes the Romanian Communist Party as "the
leading political force in the whole of society." Nicolae
Ceausescu, Secretary General of the party, is also President
of the Republic, Chairman of the Council of State, and
Chairman of the Romanian Defense Council. Through the
Government, the party seeks to control every significant
aspect of the country's life.
The Ministry of Internal Affairs administers the powerful
Department of State Security, among whose major functions are
providing security for the leadership and suppressing dissertt
and opposition of any kind.
Pursuing President Ceausescu 's policy of repaying Romania's
foreign debt obligations as soon as possible, the Government
in 1987 continued to make drastic efforts to increase exports
and reduce imports. A program of harsh austerity was enforced
domestically, causing great hardship for the population.
Shortages of food and consumer items were widespread and
particularly severe during the winter months. Basic
foodstuffs continued to be rationed but were freguently
unavailable. Electricity was rationed, and stiff surcharges
were assessed if usage exceeded prescribed limits, while
cooking gas and heating facilities often ceased to function at
all in many areas. Austerity on this scale, combined with
wage reductions when industrial production targets are not
met, appears to be causing serious damage to the physical and
psychological health and welfare of the population.
The poor human rights picture in Romania in 1987 showed no
improvement. Although the Constitution provides for freedom
of speech, assembly, and the press, it states that these
freedoms m.ay not be used "against the Socialist order or the
workers' interests." Vigorous use of these open-ended
limitations by the authorities together with constant
harassment by security forces have stifled formation of any
opposition or dissident groups which might take issue with or
question party policy.
Religious practice, although widespread and growing, is
controlled and circumscribed by the enforcement of regulations
governing the licensing of pastors, the importation and
distribution of religious materials, and the granting of
church building permits. The Government approved some
applications, albeit after a lengthy and difficult process,
for the construction of new churches or the renovation of old
ones, while withholding approval in other cases. It also
permitted, as promised, the delivery of 5,000 Cornilescu
Bibles to the Baptist General Union.
Members of the Hungarian ethnic minority in Transylvania
continued in 1987 to object to government policies designed,
in their view, to promote the minority's assimilation. The
Government countered that it does not discriminate against
members of the Hungarian minority.
The Government permitted 16,543 Romanian citizens to emigrate
to the United States, Israel, and the Federal Republic of
Germany in 1987, an increase over the 15,222 who emigrated to
these three countries in 1986. At the same time, Romania
continued to be granted Most-Favored-Nation (MFN) tariff
treatment for its exports to the United States under the terms
of the Jackson-Vanik amendment (1974 Trade Act) which ties MFN
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ROMANIA
to the country's performance on emigration. A special case
was that of loan Ruta who, in the opinion of outside
observers, was convicted unfairly of accepting bribes and
imprisoned in 1986 after applying to emigrate. Released in
July 1987, he was permitted to join his wife and daughter in
the United States. The Government's October 1987 amnesty may
benefit some persons imprisoned on political grounds.
On the whole, despite Romania's adherence to various
international accords related to human rights, its human
rights abuses remained pervasive.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no substantiated claims of political killings
during 1987. However, allegations continue to be made that
prisoners are mistreated, sometimes to the point of causing
their death.
b. Disappearance
There have been some unconfirmed reports of politically
motivated disappearances. Family and friends of persons
arrested on political charges are frequently left unaware of
their arrest, their circumstances, and their location foe long
periods of time.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were numerous reports that persons are mistreated while
in Romanian prisons or police custody and that police
authorities act brutally to obtain information. Romanian
authorities also use physical and mental degradation to
intimidate those caught or suspected of wrongdoing. Persons
detained for questioning are often held incommunicado and kept
for long periods without sleep, food, or access to toilet
facilities. Those caught attempting to leave the country
illegally, for example, are reportedly subject to physical and
mental harrassment, often prior to being given only relatively
light sentences if they are first offenders. Reliable
witnesses also report incidents in which police administered
severe beatings to persons being arrested for minor
infractions .
The most common complaints about mistreatment cite long
periods of isolation, excessive use of force by guards, cells
which are badly ventilated and poorly heated, bad food in
small quantities, difficult working conditions, and
segregation of prisoners deemed "dangerous to the State"
because of their religious beliefs or for other reasons.
Political prisoners who do not cooperate with their jailers
reportedly are treated with great cruelty. They are generally
kept apart from other offenders and restricted to their
cells. Prison guards are said to engage in abusive behavior
and allow, and in some cases even encourage, favored prisoners
to punish those less favored. While most political prisoners
are reportedly kept in local jails and released when
I
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ROMANIA
authorities believe their behavior has been corrected, those
who are not cooperative are kept for longer periods of time.
Amnesty International reported ("Romania - Human Rights
Violations in the Eighties," July 1987) that there has been a
decline in the abuse of psychiatric treatment as a form of
punishment in recent years. Other sources, however, note that
the practice continues, in particular through administration
of drugs to prisoners. Some prisoners claim that they have
been denied needed medical treatment; the evidence suggests
that medical care in prisons is poor at best.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Romanian law provides for either a judge or a prosecutor to
issue an arrest warrant. Once arrested, a person may be held
without trial for up to 1 month before a hearing, but the
prosecutor may obtain an extension for an additional 3 months.
After this, the court may order further extensions in 30-day
increments. There is no limit set by law on the cumulative
length of time a person may be held prior to trial. There is
no provision for bail.
The law also provides for preventive detention. Persons
detained for investigation often are held inconmunicado . They
are detained for varying periods of time, usually a matter of
hours, and then released without charge. Such arbitrary
detention may be repeated several times, and subjects may be
called back for additional lengthy interrogation and
threatened with further harassm.ent or punishment. This
treatment is particularly common for religious activists.
Among those detained in December were Radu Filipescu and Doina
Cornea, reportedly for having spoken out concerning the state
of human rights in Romania on a French television program.
Romanian citizens are required to perform involuntary labor,
but for the most part this seems to fall within the area of
"civic obligations." For example, a 1971 law, amended in
1985, required up to 6 days' unpaid labor per year from each
citizen, although an additional tax may be substituted for
labor. Some men have reportedly been called up to work in
undesirable industrial or agricultural jobs for periods of
from 4 to 6 months, apparently in connection with each male
citizen's duty to serve in the military and remain in the
reserves .
e. Denial of Fair Public Trial
Most trials are held in public, though secret trials are
common where state security is involved and may also be
permitted in certain other cases. The law states that a trial
may be held in secret if a public trial would be contrary to
the interests of the State, Socialist morals, or the dignity
of the individual. Some former prisoners have reported they
were tried in secret by military courts on essentially
political charges.
The ability of an accused individual to defend himself
effectively can be severely limited, especially in politically
sensitive cases. Acquittals in such cases are extremely
rare. Defendants are often represented by state-appointed
attorneys whose role appears to be that of apologizing for
defendants' offenses. The law requires in most cases that a
defendant be represented by counsel, although some sources
claim that defendants do not always have an opportunity to
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ROMANIA
consult with their attorneys before trial. The court may
appoint an attorney to represent a defendant. The defendant
has the right, in theory, to choose another attorney, but in
practice this right is severely restricted. When defendants
pursue their right to appeal, they sometimes receive longer
prison terms from the higher courts, thus discouraging
defendants from exercising this right. In the past. Western
observers have also reported clear cases of suborning and
intimidating witnesses by prosecuting attorneys, although no
such cases were reported in 1987.
In 1987 one case reflecting apparent abuse of the right to a
fair trial was that of Victor Opris. Opris, a Pentecostal
pastor from Satu Mare, was initially imprisoned in 1985 on
charges of bribery after he allegedly assisted four members of
his congregation who were attempting to leave the country
illegally. Sentenced to 5 years* imprisonment, Opris benefited
from the June 1986 amnesty and was released from prison.
However, in January 1987, he was retried on the same charge,
reportedly by a military court, and was sentenced to 9 years'
imprisonment. His case has been appealed to the Supreme Court.
Many who are familiar with the case maintain that Opris was
retried and given a harsh sentence because he was a popular,
active pastor, suspected by the Government of involvement in
smuggling Bibles and other unauthorized activities.
A number of Romanian criminal laws are open-ended enough to
insure that persons coming under official scrutiny may be
charged with some offense. Examples of typical charges are
"defaming the Socialist order" for speaking frankly to a
foreigner; "disturbing the peace" or "illegal" assembly for
private prayer meetings in the home; "social parasitism" if
unemployed but technically guilty of no other offense; or
"distributing literature without a license"--a felony--if
caught attempting to transport or hand out free Bibles.
Although a June 1986 presidential decree, which granted
amnesty for certain offenses to most Romanians sentenced to
prison terms of less than 5 years, freed a number of persons
imprisoned on relatively minor charges related to their
religious activities, some of those released have reportedly
been retried and again imprisoned.
It is impossible to estimate accurately the number of
political prisoners in Romania. Some former prisoners have
estimated the number at several hundred. If the estimate
includes those tried with apparent political motivation for
common crimes and those convicted of attempting to leave the
country illegally, the number could be several thousand.
On October 26, 1987, a new amnesty was announced, in honor of
the 40th anniversary of the proclamation of the Republic.
Those sentenced to less than 3 years' imprisonment, or a fine,
were amnestied, and those sentenced to up to 5 years had their
sentences remitted. Other sentences were shortened. Certain
categories of violent and economic crimes were excluded, such
as deadly assault, robbery, influence peddling, and giving or
receiving bribes. It is not yet clear how many prisoners may
be affected by this amnesty, or if it will affect people who
could be considered "political prisoners."
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Romanian laws and regulations governing the security apparatus
sanction a high degree of interference with the individual and
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ROMANIA
the family. The interference is somewhat mitigated by the
limitations on the resources of state security forces, by
uneven application of regulations, and by official corruption.
Deliberate and arbitrary interference with the privacy of the
family, home, and correspondence is a frequent occurrence.
Searches are made of private homes, persons, and personal
effects without search warrants or probable cause that a crime
may have been committed. The authorities occasionally enter
homes on the pretext of looking for building code violations,
excessive consumption of electricity, illegal use of
electrical appliances, etc. These searches facilitate the
discovery of other items, such as forbidden books and
publications, religious materials, or any other evidence of
"wrongdoing." Militiamen at checkpoints located on most roads
leading out of the cities and at major highway intersections
in the countryside randomly stop and search vehicles as a
matter of course.
Violation of privacy of the person also arises from the
antiabortion campaign. Regular pregnancy tests and physical
examinations are mandatory every 2 months for many female
workers in order to insure that pregnancies are discovered and
carried to term.
Complaints about interference with both domestic and
international correspondence continue. Letters to or from
persons of interest to the authorities often never arrive at
their destination. People have reportedly been questioned by
the security police about topics discussed in letters which
were delivered seemingly unopened. On other occasions, people
have been questioned about statements made in letters sent
abroad but never received by the addressees.
The Government has the capability to monitor domestic and
international telephone calls and appears to do so frequently.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are severely restricted. Public expression of
viewpoints at variance with official policy is almost always
severely punished. While the Constitution provides for
freedom of speech and press, it prohibits their use for any
purpose "hostile to the Socialist system and the interests of
the working people," as defined by the State and party.
Similarly, the penal code prohibits "propaganda with a Fascist
<as defined by the State) character delivered in public by any
means ... (or )... the undertaking of any action for the changing
of the Socialist system...." It also prohibits acts "which
would result in a danger to state security." These offenses
are punishable by prison terms of up to 15 years.
The Government seeks to control the domestic dissemination of
information in a variety of ways. Although official
censorship was abolished some years ago, all media are state
owned, rigidly controlled, and used primarily as vehicles for
government and party propaganda. Publications from the West
or from other Communist countries are not generally available,
although foreign cultural centers and libraries are open to
the public and are allowed to distribute limited quantities of
Western periodicals with government approval. The unauthorized
importation or distribution of foreign publications is
forbidden. In 1987 there were frequent reports of
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confiscations of foreign-source materials, especially
religious materials, at the border. Tourists from the West
regularly report that customs officials have confiscated video
and audio cassettes. Romanian libraries carefully control
access to "restricted" materials such as prewar historical
texts. For live theater, official boards must approve all new
productions before the opening performance. Serial numbers
and type-face samples of all typewriters must be registered
with the authorities, and the use of duplicating machines is
strictly regulated. On the positive side. Western radio
broadcasts in the Romanian language are not jammed and are a
major source of both foreign and domestic news for the
Romanian people.
b. Freedom of Peaceful Assembly and Association
The Government attempts to control all group activity. No
organization independent of government or party influence is
permitted to exist. Peaceful assembly and association without
permission are usually short-lived and may bring severe
penalties to those involved. Citizens are required to obtain
permission in advance to attend functions held by
non-Romanians. Secret decrees promulgated late in 1985 (never
officially published and often not obeyed) further discourage
contacts with foreigners and strengthen the requirement that
all such contacts be reported to the authorities within 24
hours. In particular, Romanian writers, scientists, and
professionals are reportedly forbidden to speak with their
foreign counterparts without government permission.
The Constitution stipulates the right to join a union. As
noted earlier, however, it also enshrines the Communist party
as "the leading political force in the whole of society,"
which applies with respect to unions and other "mass and
public organizations." Trade unions independent of the party
are thus prohibited, and workers do not have the right to form
their own associations, elect representatives, or affiliate
with international organizations except through the official
unions .
Workers do not have the right to organize or bargain
collectively. While they nominally have a direct voice in the
management of the workplace through the unions that all must
join, in most factories the union's chief executive is also
the senior party official, and a primary function of the
unions is to channel party doctrine and directives to the
workers. Unions also dispense social benefits, such as
vacations at union-owned hotels (for which the member pays
only a fraction of the real cost), low-interest loans, and
access to cultural, educational, and other leisure activities.
Romania's labor code is silent on the right to strike, except
to elaborate procedures by which the union leadership is
required to mediate disputes between the workers and
management, with recourse to the courts when the dispute
cannot be settled. In practice, sanctions available to the
party and the union make it unlikely that such disputes will
reach the courts. In the past, the Government's reaction to
actual strikes, or to advocacy of the worker's right to
strike, has been harsh repression.
Brutal suppression of miners' strikes in the late 1970's led
to an investigation by the International Labor Organization
(ILO). Inadequate responses, failure to respond further to
charges, and refusal to accept a direct-contact mission led
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ROMANIA
the ILO to find Romania substantially in violation of
generally accepted labor standards.
In 1987 Romania lost its eligibility for the U.S. Generalized
System of Preferences (GSP) tariff treatment after the U.S.
Government found under the standards of revised legislation
that Romania was not taking steps to afford its workers
internationally recognized workers' rights.
The institution of unrealistic production and sales quotas and
penalties in the form of salary deductions for failure to meet
them has increased worker dissatisfaction. In November
several thousand people, led by industrial workers in Brasov,
demonstrated in the main square in protest against sharp pay
cuts as a result of production shortfalls and stiff new
restrictions on the use of gas and electricity. With
frustations high because of the harsh austerities enforced by
the Government, the demonstration turned violent. Scores of
workers were reportedly detained after the demonstrators were
dispersed. More minor incidents were reported in other
Romanian cities.
c. Freedom of Religion
The Constitution provides for freedom of conscience, and the
penal code prescribes a penalty of up to 6 months'
imprisonment or a fine for anyone who impedes or disrupts any
recognized religious sect. However, the Communist Party
officially promotes atheism, and the Government exercises
broad control over religious practice. Although many
Romanians fear that open exercise of their beliefs would
inhibit chances of social or professional advancement,
religious practice remains very active throughout the country
and at all levels of society. There are 14 recognized
religions, of which by far the largest is the Romanian
Orthodox Church, to which about 80 percent of the population
belongs. The Government subsidizes clerical salaries (which
some denominations do not accept), issues licenses to preach,
controls permits for church construction or renovation,
severely limits the number of new admissions to seminaries,
and controls the importation and printing of religious
materials, including Bibles. These powers are often used
arbitrarily, especially against groups that arouse official
concern.
Government restrictions are applied more severely to groups
whose beliefs, in the Government's view, inspire "antisocial"
or "antigovernment" behavior. Several of these are
unrecognized religious groups, such as the Nazarenes and
Jehovah's Witnesses. In 1987, however, there were no reports
of significant restrictions on meetings held by these groups.
But local and national newspapers carried articles criticizing
these groups and alleging that, outside Romania, some of these
sects are involved in intelligence-gathering for foreign
intelligence agencies or in drug trafficking.
The Government does not recognize the Uniate Church, also
known as the Catholic Church of the Byzantine Rite. This
branch of the Catholic Church was outlawed in 1948, and many
of its leaders were imprisoned. Despite its unrecognized
status, there remain adherents to this faith throughout the
country. The Government also has taken active measures to
suppress a revival movement within the Romanian Orthodox
Church known as "The Lord's Army." Members of this group
often meet in small gatherings for prayer and Bible study, and
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ROMANIA
they report being fined for holding illegal assemblies. They
also report being subject to other harassment, such as loss of
jobs or surveillance.
The Government remains in disagreement with the Roman Catholic
Church, most of whose members are ethnic Hungarians, on a
number of issues, and the church technically remains without a
government-approved charter. However, the church enjoys de
facto recognition and operates as if it were fully recognized.
The rapid growth of evangelical denominations has led to
pressures for more religious training, more printing of
religious materials, and the expansion and construction of
more churches. Conflicts between evangelical groups and the
authorities have arisen frequently, and the Government's
response has at times been harsh. Activists who are vocal are
kept under surveillance and often are subject to loss of jobs
and social benefits, police intimidation or arrest, and in
some cases beatings. In December, Nelu Prodan, a Baptist
lawyer who had defended those accused of illegally
distributing Bibles and had helped church groups obtain
bulding permits or avoid demolition of their churches, was
arrested and held for about 2 weeks before being released. He
remains under threat of being charged with accepting bribes.
Prodan and his wife had been repeatedly warned by officials to
stop involving themselves in the legal problems of church
members .
The 1986 amnesty led to the release of a number of religious
activists from prison, and some of them have been allowed to
emigrate. Others, like Victor Opris, however, reportedly have
been retried and imprisoned again. Still others, like Hie
Neamtu, an elder of the Ploiesti Evangelical Brethren Church,
are still awaiting permission to emigrate.
Five thousand Protestant Bibles were printed for the Baptist
General Union, the first such printing since 1921.
Negotiations have begun regarding another printing. The
shortage of religious materials overall has led some Romanians
to risk severe penalties for smuggling Bibles and other
religious literature.
Many religious denominations are able to publish a newspaper
or newsletter on a regular basis. They are also permitted
from time to time to publish other religious materials,
although usually in small quantities.
All religious groups continue to be concerned over issues of
maintenance, repair, and construction of church buildings.
Extensive urban renewal projects undertaken in Bucharest and
other cities, have resulted in demolition of a number of
churches of various faiths. Several noted Romanian Orthodox
churches in Bucharest of historic and cultural significance
were demolished, including Sfintu Vineri and the 18th century
Sfintu Spiridon. Members of the congregations and other
citizens protested these actions.
The Government has often been slow to approve the purchase or
construction of replacement buildings for the affected
congregations. A large Seventh-Day Adventist congregation in
Bucharest, whose church was demolished in August 1986, has
still not received approval for a new site and has had to meet
in a temporary, tent-like structure inadequate to its needs.
The Government claims the church leaders have not yet proposed
a suitable new site, although in fact over a dozen suitable
1014
ROMANIA
alternatives have been proposed. The Government's Department
of Religious Affairs gave oral approval for one site in April
but has not followed through on its commitment.
The country's largest Baptist church, in Oradea, was not
demolished, as had earlier been threatened, but approval
previously granted for construction of a new church on land
purchased by the congregation was revoked, leaving the
several-thousand-member congregation in an overcrowded
building with a decaying foundation.
Any repair or addition to a church building requires a
building permit approved by both the local city council and
the Government's Department of Religious Affairs. Church
members state there are unreasonable delays in obtaining these
approvals. A church may be demolished, or the congregation
fined large sums, for infractions of the building codes. In
past years, churches of various denominations have been
demolished or threatened with demolition under these
regulat ions .
Reconstruction of the Baptist church in Bistrita v/as started.
The authorities did not proceed with demolitions begun or
approved in the cases of the Pentecostal church in Bistrita or
the Baptist church in Hlipiceni, thus giving the congregations
time to negotiate a more moderate solution. A Baptist
congregation in Tiniisoara was given permission to purchase a
new and larger replacement for its current church, and a new
Baptist church to serve ethnic Hungarian members opened in
Tirgu Mures. Another Baptist church, in Baia Mare, underwent
significant renovation and enlargement. The congregation of a
Hungarian Reformed church in Oradea, which had faced
destruction as a result of urban renewal, was allowed to
"trade" its old building for a new and larger one.
Seminary admissions remain extremely limited. In 1987 the
Baptists were allowed only four new students. Admissions for
the Seventh-Day Adventists and Pentecostals are similarly
restricted. By comparison, the Baptists were permitted an
average of 40 per year in the late 1970's. Their current
needs are estimated at over 100 new seminarians each year.
There is an active Jewish community organization which provides
religious education to its members and enjoys relatively
unrestricted freedom of emigration. Jewish leaders also
continue to be able to travel freely outside Romania. Jewish
leaders emphasize that, due to the level of emigration to
Israel permitted by the Romanian Government, their numbers are
declining, and they are permitted to maintain enough
synagogues to meet their needs.
Leaders of religious denominations generally receive
permission to travel abroad on official business without
difficulty, and most visitors to Romanian churches in 1987
were able to travel around the country without interference.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Except for certain very limited military or other restricted
areas (access prohibited) and border areas (access limited to
residents of the areas and those with economic need to travel
there), there are no official restrictions placed on travel
within Romania. Most foreigners, including Western diplomats.
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ROMANIA
are permitted to travel freely but often are kept under
survei llance.
The right of a citizen to change his place of residence is
restricted. All citizens are required to have residence
permits and may not legally move from one town to another, or
between districts within a city, without official permission.
Implementation of residence permit regulations and
antiunemployment laws has had the effect of diluting the
ethnic mixture of the population in parts of the country with
a heavy concentration of ethnic minorities, especially
Hungarians. Workers are technically free to change jobs,
although antiunemployment laws and governmental controls limit
this freedom in practice.
Travel outside Romania is treated as a privilege, frequently
arbitrarily withheld, even for those who can "guarantee" their
return by leaving a close family member behind. Older persons
wishing to visit their children resident abroad generally have
few problems.
In principle, the Government continues to oppose emigration
for any purpose but family reunification and seeks to
discourage those wishing to emigrate. The waiting period for
Romanian emigration approval is still long: successful
applications generally take between 1 and 5 years. The
authorities sometimes refuse arbitrarily to accept emigration
applications from some Romanians. However, the Government has
permitted significant numbers of citizens to emigrate to the
United States, Israel, and the Federal Republic of Germany.
In 1987 emigration from Romania to these three countries
increased to 16,543, as compared to 15,222 in 1986.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Though the Constitution assures the right of Romanians to
change their government and leaders, in practice the
individual citizen has virtually no voice in shaping public
policy or choosing public officials. The Romanian Communist
Party, led by the President and a few advisers, rules the
country. No actual or potential alternatives to this present
rigidly centralized control are apparent, and no meaningful
opposition exists or would be tolerated. Public criticism of
the President, the Government, the party, and the state
leadership is forcefully suppressed.
The Communist Party comprises about 13.5 percent of the total
population of the country. Women officially represent 52
percent of the general membership, and minorities are
reportedly represented in proportion to their numbers within
the general population but they are under represented at the
middle and higher levels.
National parliamentary elections by secret ballot are held
every 5 years. For about 60 percent of the positions, there
are two candidates, both of whom are chosen by the Front for
Democracy and Social Unity, a large organization whose
president is Nicolae Ceausescu. Over 75 percent of its
officers are members of the Communist Party's Central
Committee. The Parliament approves the President's decisions
by unanimous vote.
In Romania, the chief party executive for each city, county,
or enterprise is also the chief civil executive. Internal
80-77q 0 -
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ROMANIA
party elections were held for the new Communist Party
leadership late in 1984. Though these preceded the national
general election by several months, those chosen for senior
party posts the previous fall were universally "elected" to
the corresponding government or enterprise posts the following
spring .
In November, elections for city councils were held throughout
the country; 80 percent of the seats being sought were
contested by two or more candidates. However, actual
differences on policy among the candidates were negligible.
In 1987 there was at least one attempt to revive one of
Romania's historical political parties. A former leader of
the outlawed National Peasant Party, Ion Puiu, wrote to
President Ceausescu and to Western media, urging that the
National Peasant Party be allowed to reemerge as a loyal and
democratic opposition to the Communist Party. Puiu has been
arrested twice within the past year, most recently immediately
before the visit of Soviet General Secretary Mikhail Gorbachev
in May. The purpose of his arrest was reportedly to prevent
him from communicating with the Soviet leader. Puiu was
released after about 1 month, but he has been prevented from
contacting foreigners since then.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights.
There are no human rights monitoring organizations operating
in Romania. The Government has not commented officially on
reports issued by governmental or nongovernmental
organizations such as the Council of Europe, Amnesty
International, or Freedom House, all of which have been
critical. Romania continues officially to proclaim that
discussion and examination of its human rights situation is
"unwarranted interference in domestic affairs," despite its
professed support for human rights standards embodied in the
United Nations Charter and the Final Act of the Conference on
Security and Cooperation in Europe (CSCE) . At the same time,
discussion of human rights issues is a regular feature of
diplomatic exchanges between the U.S. and Romanian
Governments. In August Romania received a delegation from the
U.S. Congress" CSCE Commission, which was invited to certain
areas with high concentrations of ethnic minorities and which
met with national and local officials, as well as with
individuals concerned with human rights issues.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status.
According to official figures, about 12 percent of the
country's population of nearly 23 million are members of
ethnic minorities, including Hungarians, Germans, Gypsies
(Csangos), and many smaller groups. These total about 2.7
million, with Hungarians, according to the Government,
comprising the largest group at 1.7 million. The Government
takes its figures from a 1977 census based on
self-declaration. Various Hungarian sources claim that the
true figure for the Hungarian minority is actually between 2
and 2 1/2 million.
Most minority groups are concentrated in Transylvania, the
central and northwestern part of Romania. In recent years,
opportunities for minorities to have periodicals, theaters.
1017
ROMANIA
and schools in their native language have been eroding. The
ability of members of the minority groups to visit friends and
relatives in nearby countries is limited. Minority groups
protest that government controls and restrictions constitute
discrimination. Many observers maintain that the Government
is pursuing a program of "Romanianization" in order gradually
to absorb the minority groups into one unified Romanian
culture, although the Government denies this.
While the economic situation of the Hungarian minority in
Romania is difficult, especially by comparison with that of
Hungarians in Hungary, a pattern of economic discrimination
against ethnic Hungarians as a group is not evident.
There are no longer any television or radio broadcasts in the
Hungarian language. Most Hungarian-language theaters now have
Romanian-language sections, and some ethnic Hungarians claim
that Romanian eventually will replace Hungarian completely.
In the field of education, primary schooling remains available
in Hungarian and German, and even in the native language of
tiny minorities, such as the Czechs in western Romania,
although opportunities are shrinking. The number of ethnic
Hungarian children being educated in the Hungarian language
has declined significantly. Several German-language high
schools still operate, although declining enrollment due to
emigration may soon compel a change in their language of
instruction. Several sources indicate that Hungarian-language
sections in Romanian high schools have largely replaced
entirely Hungarian-language high schools. Students can no
longer take university entrance examinations in minority
languages, except in a few faculties, and the opportunities
for university study in Hungarian have also gradually
decreased. Babes-Bolyai University in Cluj , formerly a
Hungarian-language institution, has increased its intake of
ethnic Romanian students over the years and made Romanian the
language of instruction in most subjects.
Members of the Hungarian minority claim that the Government
uses its controls over residence permits, employment, and
study opportunities to dilute the concentration of the
Hungarian population in its traditional centers. The
Government maintains that demographic changes in Transylvania
are natural and result in part from increased industrialization
which has drawn ethnic Romanian workers into urban areas
formerly inhabited predominantly by ethnic Hungarians.
The Government recently released from prison several ethnic
Hungarians, including Erno Borbely, Laszlo Buzas, and Bela
Pal, who were reportedly imprisoned for promoting minority
rights. On the other hand, the authorities in 1987 prevented
foreign diplomats from making any contact with Karoly Kiraly,
a former senior party official and leading defender of
Hungarian minority rights.
Women are constitutionally accorded the same rights and
privileges as men. The Government seeks to upgrade the role
of women in society with specific policies in the areas of
education, access to employment, and comparable wages. As a
result, women are employed in virtually all sectors of the
economy, and there is equal opportunity in education, but at
the senior levels of responsibility and authority, they appear
in far smaller numbers. The higher ranks of the party are
occupied predominantly by male Romanians.
1018
ROMANIA
CONDITIONS OF LABOR
The Constitution stipulates the right to work. Unemployment
is a crime ("social parasitism"). The Government closely
controls the labor market, sets the wage rates for different
occupations, and claims that there is no unemployment. A
number of sources note, however, that economic dislocations
and shifts may require transferring workers from one factory
or region to another, with attendant long periods of
inactivity among large numbers of workers.
The Constitution provides for an 8-hour workday (or a 6-hour
day for arduous occupations), a 24-hour rest period each week,
paid vacations, and the "right to leisure." Labor law
elaborates these promises but allows employers to override
them "if conditions warrant." In 1987 there were widespread
reports of workers required to perform extra, uncompensated
labor to make up for lagging production or for official
holidays. During two important national holidays (May 1-2 and
August 23-24), many were required to report to work as
factories and stores were kept open. Workers also reported
that wages and salaries were cut when an enterprise failed to
meet its production quota, even though production shortfalls
were often due to the lack of raw materials or insufficient
electrical energy.
There is no specific minimum employment age, although Romanian
law requires schooling to the age of 16. Exceptions, however,
are allowed for youths 14 years of age in temporary jobs and
for youths of 15 employed in industrial work, so long as the
employer provides continuing educational opportunities and
shows that the work being performed is "appropriate for the
age and condition" of the employee. In such cases, the law
limits work to 6 hours per day. Children from age 11 may work
in the fields or in other "patriotic work," usually as part of
a school or other group activity.
The labor code ensures Romanian workers a safe environment.
The Ministry of Labor has established safety standards for
most industries and is responsible for enforcing these
standards. In practice, however, observers report that
conditions in many factories present substantial health and
safety hazards. Although management is reportedly aware of
these deficiencies in most cases, government emphasis on
meeting production goals clearly takes precedence over safety
and health factors in light of the party leadership's
insistence on rapidly paying off the foreign debt and on
pursuing industrial and economic development at all cost.
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Spain is a parliamentary democracy with a constitutional
monarch. The fundamental freedoms of speech, assembly, press,
religion, movement, and participation in the political process
are provided for in the Constitution of 1978. The rights to
these freedoms are extended to all citizens and are respected
in practice. At all levels of government, elections must be
held every 4 years. Voter participation is high in these free
and open elections.
The Spanish economy is mixed, with primary reliance on private
initiative and market mechanisms. Although the economy is
healthy, Spain continues to experience high unemployment.
This is due in part to government and private efforts to
increase the efficiency of the economy, and in part to the
entry of new workers into the labor force.. Women and youths
are disproportionately affected by the unemployment.
Human rights enjoy great respect in Spain. Charges of abuse
of human rights most often occur in connection with political
terrorism. The antiterrorist law's provision for 10 days of
incommunicado detention has been criticized, and its
constitutionality is being reviewed by the judiciary. The
Government has proposed modifications in the law to reduce the
detention period. The Government has prosecuted cases of
alleged police abuse of detainees, and some law enforcement
officers have been found guilty and sentenced to prison
terms. In September 1987, the Spanish Senate ratified Spain's
accession to the 1984 Convention Against Torture and Other
Cruel, Inhuman, or Degrading Punishment.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
According to the Ministry of Interior, there were 180 terrorist
actions in Spain from January 1 through the first week of
October 1987, killing 37 persons. Unofficial statistics show
an additional 113 persons injured in terrorist attacks through
the end of September. Most of the casualties resulted from
actions claimed by or attributable to the Basque Separatist
Group ETA (Basque Fatherland and Freedom). The Interior
Ministry attributes 100 of the actions and all but one of the
deaths to ETA. An ETA car-bombing of a Barcelona supermarket
in June killed 21 civilians and marked a clear change in
tactics from targeting members of the military and security
forces to striking purely civilian targets.
The Government, while signaling willingness to talk with the
ETA, has made a major and successful effort to arrest and
prosecute ETA terrorists. Cooperation between the French and
Spanish Governments in this respect has led to the
apprehension by French police of a large number of suspected
Spanish Basque terrorists based in southwest France. Many of
those apprehended have been delivered to Spanish authorities
for prosecution.
b. Disappearance
Police or government security forces do not carry out secret
arrests or kidnapings.
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c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
According to the Ministry of Interior, 464 persons were
detained under the provisions of the antiterror ist law between
January 1 and the first week of October 1987. Persons
detained under the antiterrorist law frequently charge that
they were subjected to police abuse during their detention.
In its Report for 1986 covering 1986, Amnesty International
expressed concern that such persons frequently were tortured
and ill-treated. The Government asserts that such detainees
routinely lodge complaints of police brutality or torture,
whether or not there is cause. Nevertheless, the courts
during 1987 prosecuted and convicted several civil guard
officers accused of torturing detainees in previous years.
The actual incidence of abuse by police is believed to have
decreased significantly from earlier years. An improved
police attitude with respect to human rights may be attributed
to several factors: The willingness of the Government to
punish improper police behavior, publicity in the press, and a
new concern by the police unions themselves with denouncing
police misconduct.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution provides for freedom from arbitrary arrest
and detention, and normally a suspect may not be held more
than 72 hours without a hearing. However, the antiterrorist
law provides that a suspected terrorist may be detained by the
police for an additional 7 days, during which time the
detainee is held virtually incommunicado. This aspect of the
antiterrorist law has been severely criticized, and its
constitutionality is being reviewed by the Constitutional
Tribunal. The Government announced its support for
modification of the law, the main goal being to reduce the
period of detention.
There is no exile or forced labor in Spain.
e. Denial of Fair Public Trial
The Constitution assures the right to a fair public trial, and
this right is observed in practice. The law provides for an
expeditious judicial hearing following arrest. Defendants may
always appeal to the next highest court, and up to the Council
of Europe in cases concerning human rights.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Privacy of home and correspondence is protected by the
Constitution. Under the Criminal Code, government authorities
must obtain court approval before searching private property,
wiretapping, or interfering with private correspondence. The
antiterrorist law gives discretionary authority to the
Minister of Interior to act prior to obtaining court approval
"in cases of emergency." However, there have been no
complaints that the Minister has abused this discretion.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government scrupulously observes the provisions for free
speech and press provided by the Constitution. Opposition
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viewpoints are freely expressed in speech and through the
media .
b. Freedom of Peaceful Assembly and Association
As provided in the Constitution, all groups have the right of
free assembly and association for political or other purposes.
Under the Constitution, trade unions are free to organize,
bargain collectively, and strike. About 14 percent of the
Spanish work force is unionized. Trade unions are not
subjected to official harassment. They freely maintain ties
with recognized international organizations.
c. Freedom of Religion
There is no state religion in Spain. Catholicism is the
predominant religion, but other religions are represented and
function with full freedom. Adherence to a particular faith
neither enhances nor diminishes a person's secular status.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Spanish citizens have complete freedom to travel in and outside
the country. The Government restricts neither emigration nor
repatriation. In 1987 a section of the law controlling the
residence of aliens was found unconstitutional and was
modified to give the courts discretion to suspend an expulsion
order against an alien. The law on aliens permits detention
of a person for up to 40 days prior to expulsion, but specifies
that the detention may not take place in a prison-like setting.
The Government is attempting to resolve the grievances of
non-Spanish residents of the Ceuta and Melilla enclaves in
North Africa, some of whom have been denied Spanish citizenship
in spite of family residence through several generations and
service in the Spanish armed forces.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Spain is a multiparty democracy with open elections in which
all citizens over the age of 18 have the right to vote.
Opposition groups exist openly and take active part in the
political process. Free and actively contested regional and
local elections were held in 1987.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government maintains good relations with international
human rights groups, such as Amnesty International and the
International Committee of the Red Cross, as well as with
national groups, such as the Spanish Human Rights Association.
The Foreign Ministry, through an Office of Human Rights
Affairs, takes an active interest in human rights issues
internationally.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Spain's Constitution provides for equal rights for all
citizens. Education and economic and social services are
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generally available to all without discrimination of any kind.
The Constitution assures equal rights for women. The
Government is dedicated to eliminating discrimination against
women wherever it occurs. The Women's Institute is a
government agency staffed by some 100 full-time employees
under the Ministry of Culture. It is active in promoting
social equality and the participation of women in political,
cultural, economic, and social life. In 1987 the Women's
Institute developed a comprehensive plan of action for
government ministries in the fields of family law, social
conditions, education and culture, employment, and health.
Women comprise approximately 6.5 percent of the Congress of
Deputies and 5.5 percent of the Senate.
Gypsies are a minority group representing 3 percent of the
Spanish population. Although like all citizens they enjoy
equal rights under the Constitution, in practice they suffer
discrimination in housing, schools, and jobs. Legal mechanisms
exist by which they can seek redress, for example, from
discrimination by an employer. As a practical matter,
however, Gypsies do not normally seek such redress. The
Government is committed to securing equal rights and treatment
for Gypsies. A representative of the Gypsy community serves
as special advisor to the Minister of Interior.
CONDITIONS OF LABOR
Workers in general have substantial, well-defined rights. A
40-hour week was established by law in 1983. Spanish workers
also enjoy 12 paid holidays a year and a month's paid
vacation. A minimum wage tied to the cost of living is
provided by law. Children under 16 years of age may not be
employed. Working and health conditions are generally good.
Workers in the underground economy, estimated to be as high as
7 percent of the labor force, do not have the same protection
and benefits as those in the open economy.
1023
SWEDEN
Sweden is a constitutional monarchy, whose King is Chief of
State. All executive authority is vested in the Cabinet,
which is formed through direct parliamentary elections every 3
years and consists of a Prime Minister (head of government)
and some 20 ministers. The 349 seats in the unicameral
Parliament are divided proportionally among the 5 political
parties currently represented. The Social Democratic Party,
Sweden's largest, was returned to power in the September 1985
elections, though with a reduced parliamentary plurality.
Sweden is an advanced industrial democracy with a high
standard of living, extensive social services, and a mixed
economy. Over 90 percent of business is privately owned.
Private persons are entirely free to express their political
preferences, pursue individual interests, and seek legal
resolution of disputes. Ombudr.men, appointed by the Parliament
with full autonomy, investigate private complaints of alleged
abuse of authority by officials and stipulate corrective
action, if required.
Respect for human rights is a basic social value that
underlies Sweden's active support of international efforts to
improve human rights observance. The human rights situation
was largely unchanged in 1987, but some human rights
organizations, such as the Swedish section of Amnesty
International, have complained about human rights violations,
particularly with respect to refugees seeking asylum who are
denied entry at the border. The same organization also
accused the Government of "passivity" and urged that the
Government publish an annual review of human rights observance
throughout the world. There have also been complaints about
the treatment of individual Kurds in connection with the
ongoing hunt for the murderer of former Prime Minister Olof
Palme .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Killing for political motives by government or domestic
opposition groups does not occur. The murder of Prime
Minister Olof Palme in 1986 has still not been resolved,
however, and the motive for his assassination is unknown. The
Government minimizes the potential for terrorism through
cooperation with Interpol, refusal of visas to known
terrorists or persons with terrorist connections, border
control by immigration and customs authorities, and
surveillance of foreign persons who appear to be spying on
refugee groups in the country.
b. Disappearance
Abduction, secret arrests, or clandestine detention by Swedish
authorities does not occur.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment.
Swedish law prohibits these abuses, a prohibition respected by
Swedish authorities. Occasional accusations against individual
1024
SWEDEN
policemen for excessive use of force ir making arrests are
carefully investigated, and those investigations have not
produced evidence of a systematic problem. During 1987 there
were two cases when detained persons died in a police cell.
So far, however, no proof has been presented that the deaths
were caused by excessive use of force. Prison conditions are
generally good.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Statutory guarantees of individual liberty are observed.
Persons disturbing the public order or considered dangerous
may be held for 6 hours without charge. Criminal suspects may
be held no longer than 12 hours without formal charges. If a
person files for bankruptcy and refuses to cooperate with the
official investigation, a court can order detention for up to
3 months (with judicial review every 2 weeks). Arrest is open
and by warrant. Legislation is under way to shorten the time
between arrest and arraignment before a magistrate which
presently is set at 5 days but occasionally has taken longer,
particularly during weekends and holidays. The new
legislation will require weekend and holiday duty for courts.
Bail does not exist, but Swedish suspects not considered
dangerous or likely to destroy evidence are released to await
trial. Foreigners are usually not released before trial nor
granted weekend furloughs from jail, as are many Swedish
offenders; the rationale is that they might flee the country.
Convicted foreign criminals are often expelled at the
conclusion of their prison terms, unless they risk execution
or other severe punishment at home. By law, Swedish citizens
cannot be expelled from the country.
Forced or compulsory labor does not exist in Sweden.
e. Denial of Fair Public Trial
The Constitution forbids deprivation of liberty without public
trial by a court of law. The judiciary functions freely and
independently. The accused has the right to effective counsel,
although budget cutbacks since 1983 have restricted the
availability of public defenders to cases where the maximum
penalty could be a prison sentence of 6 months or more. The
Swedish judiciary system was criticized abroad in 1987,
particularly in Great Britain. A British officer was found
guilty of having smuggled 110 pounds of hashish into Sweden
and was sentenced to 5 years' imprisonment. The complaint
from Britain was that Swedish courts are permitted to accept
hearsay testimony from witnesses. There are no military
courts in peacetime.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Freedom from these offenses is guaranteed by law. Home
searches are limited to investigations of crimes punishable by
at least 2 years' imprisonment, such as murder, robbery, rape,
arson, sabotage, counterfeiting, and treason. There are no
undue restrictions on marriage or child rearing in Sweden.
Wiretaps are permitted only in cases involving narcotics or
national security. Searches and wiretaps normally require
court approval. When time is critical, or when life is
believed to be in immediate danger, the ranking police officer
can approve these measures. Attempts to limit such police
1025
SWEDEN
authority are under way. Search warrants are granted only
after deliberation and only on the basis of well-founded
suspicion .
Human rights groups in Sweden have expressed concern about the
increased number of wiretaps. Although in 1980 the number of
persons subjected to wiretaps was 220, in 1984 the figure had
increased to 414. There is no indication, however, that
telephone monitoring is done arbitrarily. As a result of the
Palme murder investigation, a few instances have been reported
of police officers on their own initiative bugging the homes
of suspects, even though this is against Swedish law.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Swedes enjoy these freedoms fully. Government subsidies to
daily newspapers, regardless of political affiliation, assure
the expression of differing opinions. Publication of
sensitive national security information and excessive violence
in films and television are subject to censorshdp-. Commercial
video tapes will soon be screened and censored as well if they
contain scenes of unacceptable violence. Radio and television
broadcasting is a government monopoly, while newspapers and
periodicals are for the most part privately owned and
published .
b. Freedom of Peaceful Assembly and Association
Swedes exercise these freedoms without restraint. Public
demonstrations reguire a police permit, for which applications
are routinely approved.
Workers are free to organize and have the right to strike. A
large majority of the working population belongs to a trade
union, including career military personnel and civilian
government officials. Unions and trade associations conduct
their activities with complete independence from the
Government and pursue international contacts intensively.
c. Freedom of Religion
Swedes have unimpaired religious freedom. There is a state
Lutheran church, supported by public funds, but all faiths are
freely observed. Parents have full freedom to teach religious
practices of their choice to their children.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within and from the country and voluntary
repatriation are guaranteed by law and respected in practice.
Refugees, displaced persons, and others seeking political
asylum are on the whole generously treated, though long waits
and denial of asylum requests from applicants not meeting
internationally agreed criteria are becoming common.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Sweden has a long history of vigorous democratic political
life within a representative, multiparty parliamentary
system. To enter Parliament, a party must win a minimum of 4
percent of the votes cast. There is universal suffrage over
1026
SWEDEN
age 18. Although voting is not compulsory, nearly 90 percent
of eligible voters participated in the 1985 elections. Aliens
who have been legal residents for at least 3 years have the
right to vote and run for office in municipal elections.
There has been periodic public discussion about extending this
right to national elections.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights.
Ombudsmen serve as official governmental monitors of
individual rights in Sweden, effective both in making citizens
aware of their rights and publicizing and correcting abuse of
state authority. Active private organizations monitor issues
such as the impact on individuals of comprehensive social
legislation and the condition of the Lapp population.
Government agencies are in close contact with Amnesty
International, the Red Cross, church organizations, and a
variety of other private groups working in Sweden and abroad
to improve human rights observance. State-supported Stockholm
University offers instruction in making human rights complaints
to bodies such as the European Commission on Human Rights.
The United Nations Human Rights Commission in October 1985
reviewed Sweden's report on compliance with the International
Covenant on Civil and Political Rights. The Committee
commented that Sweden lacks forceful legislation against
racism. Sweden responded that such legislation would not be
compatible with the Swedish Constitution which guarantees full
freedom of speech and the right to form organizations.
However, a government commission was established to
investigate ways of curbing racist groups, such as the tiny,
ult ranat ional ist Sweden Party.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
In 1986 the Government appointed a special ombudsman to deal
with complaints of racism or discrimination. By 1989 the
discrimination ombudsman will be required to submit a report
intended to form the basis for proposed legislation leading to
more effective prosecution and increased penalties for various
expressions of racism or discrimination. The ombudsman's
office is looking into issues such as allegations of
discrimination against immigrants in employment and housing.
Basic human needs for the entire population are thoroughly met
without discrimination. The State provides social welfare and
medical services, benefits to families, pensions, and
disability and unemployment insurance. The Government runs
special programs to help immigrants adjust to Swedish life and
culture (including 240 hours of paid language instruction).
Six of Sweden's 284 municipalities have voted to refuse
settlement to refugees. Both the Government and the political
parties are trying to persuade them to change their attitude.
Institutionalized efforts continue to extend equality between
the sexes through equal employment opportunity, legal
protection of the right to equal pay for equal work, and
public education to break down sexual stereotypes. A public
ombudsman, called the equality ombudsman, investigates
complaints of sex discrimination in the labor market.
Employers are required to base hiring decisions on merit and
to pursue actively the goal of equality.
1027
SWEDEN
CONDITIONS OF LABOR
Sweden rigorously upholds international standards regarding
working conditions, child labor, and occupational safety and
health. At each work site there is a designated ombudsman to
monitor observance of these regulations. Full-time employment
is permitted beginning at age 16, but those under 18 may work
only during daytime and under a foreman's supervision.
Thirteen-year olds can be hired for part-time work or light
"summer job" work for periods of 5 days or less. There have
been no reported abuses of these rules.
1028
SWITZERLAND
Switzerland is a constitutional democracy with a federal
structure. Federal legislative power is vested in a bicameral
legislature elected every 4 years. The Constitution guarantees
all basic freedoms. Initiative and referendum procedures
provide avenues for significant changes in policy through
direct action. Despite linguistic and religious diversity,
Switzerland has developed a political system based on national
consensus .
Individual cantons have considerable autonomy. They are
directly involved in many human rights matters, subject to
limitations established by Federal legislative and
constitutional guarantees. Persons contending that their
rights have been violated at cantonal level can seek redress
by appeal to the Federal Supreme Court.
Switzerland traditionally serves as host for many
international organizations and conferences concerned with
humanitarian law and human rights, including the International
Labor Organization and the International Committee of the Red
Cross (ICRC) .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No such occurrences took place.
b. Disappearance
There were no reports of abduction, secret arrests, or
clandestine detention.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution provides freedom from all of the above, and
there were no allegations of any violations. In Decem.ber
1986, Switzerland ratified the U.N. Convention on Torture and
Other Cruel, Inhuman, or Degrading Treatment or Punishment.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Freedom from arbitrary arrest, detention, or exile is
guaranteed by law. A detained person may not be held longer
than 24 hours without a warrant of arrest issued by the judge
conducting the preliminary investigation. A suspect must
immediately be shown the warrant and has the right to contact
legal counsel as soon as a warrant is issued. A suspect may
be detained with a warrant until the investigation is
completed, but the length of investigative detention is always
reviewed by higher judicial authority, and investigations are
typically completed quickly. Bail, or release on personal
recognizance, is granted unless the examining magistrate
believes the individual is a danger to society or will not
appear for trial. Within the standards of local law, there is
a pattern of failure of certain cantonal authorities in
western Switzerland to provide timely notice and consular
access in the case of detained Americans (and perhaps other
foreigners) .
1029
SWITZERLAND
There is no forced or compulsory labor in Switzerland.
e. Denial of Fair Public Trial
The Constitution provides for public trials. Minor cases are
tried by a single judge, difficult cases by a panel of judges,
and murder or other serious crimes by a public jury. Even the
most serious cases are usually brought to trial within several
weeks or, at the most, a few months.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were no allegations of violations of this nature by
Swiss authorities.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There are no restrictions on freedom of speech and press
except in cases involving groups or associations considered a
potential threat to the State. No groups or associations are
so designated at the present time.
b. Freedom of Peaceful Assembly and Association
The only restriction on peaceful assembly and association is a
requirement to obtain permits from police authorities before
holding public meetings. These are rarely refused unless
authorities have reason to believe the meeting will lead to
violence. There was considerable public criticism on one
occasion in 1987 when an antinuclear demonstration in Bern
became violent and resulted in widespread use of tear gas,
clashes between police and demonstrators, and property damage
in downtown Bern.
Labor unions enjoy full freedom to organize, strike, and
influence political decisions. Swiss labor relations have
been characterized by industrial peace, and strikes and
similar labor unrest are practically unknown.
c. Freedom of Religion
Switzerland enjoys religious freedom. The legal requirement
for universal male military service thus far has provided no
exemption for conscientious objectors, who were nearly always
convicted for refusal to serve. Efforts to provide some form
of alternative service for those claiming exemption for
reasons of conscience were renewed in 1987, with a view to
providing alternative unarmed military or public labor service
for conscientious objectors. Amnesty International has
continued to express concern at the practice of prosecuting
conscientious objectors.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Swiss citizens have freedom to travel in or outside the
country and can emigrate without difficulty.
Switzerland was traditionally a haven for refugees, but
concern over demands upon public services by growing numbers
of asylum seekers has tempered public support for liberal
policies in this regard. Situations involving economic
1030
SWITZERLAND
migrants, e.g., Tamils from Sri Lanka, led to reiteration of
the policy that applicants failing to meet criteria for
political asylum must subsequently depart Switzerland.
However, domestic political objection to such a policy and the
prevailing situation in countries of origin, such as Sri
Lanka, have resulted, in practice, in very few involuntary
departures. During a 1987 national referendum, two-thirds of
those voting approved amendment of the asylum and nationality
laws intended to improve procedures for both processing asylum
requests and expediting the departure of unsuccessful
applicants. The holding of the referendum appears to have
diminished active public concern over this issue.
The Swiss people generally remain willing to assist political
refugees; in 1987 prominent Soviet dissident psychiatrist
Anatoly Koryagin and his family were granted asylum. In
October 1987 parliamentary elections, a party whose platform
consisted mainly of opposition to foreigners lost both votes
and seats. However, Federal and cantonal actions also reflect
a popular consensus that Switzerland should continue to adhere
to a narrow definition of those entitled to assistance by
grant of asylum. Amnesty International in 1987 criticized
Switzerland, among other nations, for seeking to limit asylum
and immigration.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Switzerland is a highly developed constitutional democracy.
There is universal adult suffrage in Federal elections.
Initiative and referendum procedures provide unusually intense
popular oversight of, and involvement in, the legislative
process .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no requests during 1987 for outside investigations
of the human rights situation. Switzerland cooperates with
international and nongovernmental groups in all areas of human
rights. The ICRC is made up of Swiss nationals, and they play
prominent roles in other humanitarian nongovernmental
organizations .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Involvement of women in the political and business worlds has
been limited historically but continues to expand slowly. At
least 28 women will sit in the new Parliament elecced in 1987,
an increase of at least 3 (based on incomplete election
results) over the previous session, and since 1984 a woman has
served on the 7-member Federal Council, the nation's executive
body. In January 1987, Switzerland adhered to the 1979 U.N.
Convention on Elimination of Discrimination Against Women.
One of the smallest and most rural of the 26 cantons still
excludes female suffrage at the cantonal level, but this
situation is now regarded as a curiosity rather than a
disability by most Swiss women. Women are still subject to
some legal disabilities, are typically paid less than men for
equal work, and remain under represented in senior positions in
industry, banking, and government.
1031
SWITZERLAND
Italian and Romansch linguistic minorities (respectively about
10 and 1 percent of the population) express concern that the
limited resources made available to them by the Federal
Government endanger the continued intellectual vitality of
these languages. Some argue that this amounts to deprivation
of freedom of speech. Recurrent complaints about the lack of
an Italian-language university were answered by the
announcement in 1985 of plans for a university-level technical
institute in Lugano which, however, would not grant degrees.
The Federal Government's announced policy is to ensure,
through careful apportionment of funds, that all linguistic
groups have commensurate facilities and means to carry out
cultural activities in their own languages.
CONDITIONS OF LABOR
There is no national minimum wage. Industrial wages are
negotiated by employer associations and labor unions during
the collective bargaining process. The Labor Act established
a maximum 45-hour workweek for blue- and white-collar workers
in industry, offices, and retail trades, and a 50-hour
workweek for all other workers. Currently, the workweek for
blue-collar workers in most industries is 43 hours and for
white-collar workers between 40 and 43 hours. Overtime is
restricted by law to 120 hours annually.
The Labor Act and the Federal Code of Obligations contain
extensive regulations to protect the health and safety of
workers. Special provisions exist for female workers, who may
not be employed for dangerous work or, in industrial
enterprises, at night or on Sundays.
About 15 percent of the Swiss population of 6.5 million is
made up of habitual foreign residents, that is, foreign
workers and families. Prompted by popular concerns that
attribute unemployment to the influx of foreign labor, the
Government has sought to limit the numbers of foreign workers
entering Switzerland or obtaining residence permits. Federal
and cantonal authorities have made efforts to integrate
foreign workers and their families into social service
programs, although there has been some popular resentment at
the additional facilities provided to such foreign workers.
The minimum age for the employment of children is 15 years.
Children over 13 may be employed for light duties (e.g.,
helping in retail stores), for not more than 9 hours per week
during the school year and 15 hours otherwise. Strict
regulations govern employment of young people between the ages
of 15 and 20; for example, they may not work at night or on
Sundays, or under hazardous or dangerous conditions.
1032
TURKEY
Turkey is a republic with a multiparty parliamentary system
and a strong presidency. In 1987 Turkey completed a return to
a full functioning democracy. A referendum, passed on
September 6, restored all political rights to those former
politicians who had been banned from politics by a provisional
article of the 1982 Constitution. All charges against the
formerly banned politicians for activities prior to the
referer\,dum were dropped. Prime Minister Turgut Ozal called
for early national elections which took place on November 29.
These were the first national elections since 1980 to include
all prominent political leaders. Prime Minister Ozal's
Motherland Party won the elections from a field of seven legal
political parties.
The Turkish National Police in the cities and the Jandarma in
the countryside are responsible for maintaining public order.
On July 19, the Government lifted martial law in the last five
provinces where it had been in effect. At present nine
provinces (Istanbul, plus eight provinces in the southeast
where the Government faces armed Kurdish guerrillas) remain
under a state of emergency, which empowers their civilian
governors to exercise some of the powers of martial law
commanders. In addition, a specially empowered "supergovernor"
oversees and coordinates the actions of 12 governors in
southeastern Turkey (including the 8 southeastern provinces
under the state of emergency) .
Since 1980 Turkey has been moving from a closed economy,
dominated by the state sector, to a free market, export-
oriented economy. Although the rates of inflation and
unemployment are still high, the economy under the
Government's structural adjustment program has made
substantial advances. In April Turkey applied for full
membership in the European Economic Community.
Progress in the observance of human rights continued in 1987.
The end of martial law in July 1987, the lifting of political
bans in the September referendum, and recent court rulings
removed many restraints on freedom of the press. In January
the Government recognized, in principle, the right of Turkish
citizens to appeal to the European Human Rights Commission,
although it has yet to approve appeals to the European Human
Rights Court, whose decisions are binding. In January 1988,
Turkey signed the Council of Europe (COE) Convention for the
Prevention of Torture and Inhuman or Degrading Treatment and
announced its intention to sign a similar U.N. agreement. By
signing, the Government of Turkey, for the first time, accepted
official outside monitoring of places of detention, a step
human rights organizations had long been advocating.
Application for membership in the European Community has
provided an additional impetus for bringing human rights
practices into conformity with general Western European norms.
The Government prosecuted many persons accused of torturing
detainees. Increased penalties for torture have been
incorporated into the proposed revision of the penal code.
The Government is also improving prison conditions by building
new facilities and responding to prisoner demands. However,
despite the Government's efforts to date, serious and repeated
incidences of torture continue to be reported.
Some minority problems persist. The Constitution regards all
citizens as Turks but, except for the special status granted
to non-Muslim minorities by the Treaty of Lausanne (1923),
1033
TURKEY
Turkey does not legally recognize the existence of ethnic
minorities .
Trade unions and associations are prohibited by the 1982
Constitution and the Law on Associations from engaging in
political activities or having organic links or ties with
political parties.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no accusations of politically motivated killings by
government forces in 1987. A terrorist bombing in Istanbul
during October killed one person. Also, an attack on a police
station in Istanbul in August resulted in the death of one
policeman.
b. Disappearance
There were no known disappearances caused by government forces.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In January 1988, Turkey signed the Council of Europe (COE)
Convention for the Prevention of Torture and Inhuman or
Degrading Treatment and announced its intention to sign a
similar U.N. agreement. Accession to the COE Convention
allows an international committee of COE member states to
visit all places of detention (police stations, civilian and
military prisons, and mental hospitals) at any time, following
notification of the visit to the Government of Turkey. In
announcing its intention to sign the COE Convention, the
Government stressed the seriousness of Turkey's desire to
eradicate torture.
Although the Constitution states that "no one shall be
subjected to torture or ill-treatment incompatible with human
dignity," Turkish politicians, the Turkish press, and outside
monitoring groups have repeatedly asserted that prisoners are
subject to mistreatment and torture during initial
interrogation or imprisonment. In its September 1987 File on
Torture, Amnesty International charged that torture was
"widespread" and "systematic," claiming that "almost 4 years
after a civilian government came to power in November 1983, no
effective measures have been taken to prevent torture." The
Amnesty file included accounts of torture methods, centers of
torture, sexual abuse, and death in custody. Helsinki Watch
in its latest report concluded that "torture is still
practiced in Turkey on a large scale." It also stated,
however, that abuse or torture in prisons, apart from the
intitial detention period, has substantially decreased.
Some assertions of torture concern treatment that could be
defined as police brutality, such as rough handling by police
officials aimed at intimidating a suspect or prisoner or
resulting from personal animosity. In other cases the
mistreatment appears to involve systematic torture. Nearly
all of the numerous assertions have derived from treatment
during initial periods of incommunicado detention, before
charges were filed and before the accused was able to contact
1034
TURKEY
an attorney. Many cases were documented by medical evidence.
Greater freedom of the press has yielded extensive coverage in
Turkey of such instances of torture, including photos of
victims, descriptions of methods, and sketches of premises
where torture is said to have taken place.
Even before signing the COE Convention, the Government had
condemned torture and expressed its determination to eradicate
it by prompt and severe punishment of offenders. Following
the November elections, the newly appointed Director General
of Security, who serves as head of the Turkish National Police,
flatly condemned the practice of torture and pledged to
eradicate it. The Government has made efforts to investigate
assertions of torture and to prosecute the offenders.
Although accurate figures for the number of investigations and
prosecutions are not available, the press continues to report
sentences of those convicted of torture. For example, in
October, following a judicial medical board's determination
that a prisoner in Bingol died as the result of torture, the
Government opened a case against a number of military
personnel, including one officer. This same officer was later
convicted of torture in a separate case. Nonetheless,
international human rights organizations continue to maintain
that many assertions of torture are not fully investigated and
that some convicted offenders continue to carry out their
official duties even while their cases are being appealed.
Human rights advocates both in and outside of Turkey, including
the Turkish Bar Association, have suggested that the most
effective way to prevent torture or assertions of torture is
to allow lawyers access to prisoners during the initial period
of detention. Such access is being considered among proposed
revisions to the criminal code. The revised criminal code, if
adopted, would also increase the punishment for torture. The
current criminal code categorizes murder by torture as
manslaughter and punishes it with an 8-year sentence.
Penalties for torture which does not result in death range
from 3 to 5 years. In 1986 the Parliament defeated a bill
which would have increased this penalty to a range of 5 to 10
years. The new criminal code would increase the penalty for
murder by torture to up to 16 years.
In August, following widespread hunger strikes by prisoners
and parallel demonstrations by their friends and relatives
outside the prisons, Turkish reporters were permitted for the
first time to visit prisons and to report extensively on prison
conditions. As a result of this press attention, conditions
in many prisons appear to have improved. The Government has
responded to many prisoner demands and has been building new
prisons to improve living conditions. The Minister of Justice
claimed in September that prison conditions had improved
dramatically in the last 3 years with the establishment of 93
new places of detention. However, because of its relative
underdevelopment, most public facilities in Turkey, including
prisons, are still substandard when judged against those of
many developed countries.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Except in limited circumstances, such as when a person is
caught in the act of committing a crime, a judge must issue a
detention warrant to the prosecutor if a prisoner is to be
incarcerated. The police or public prosecutor, however, can
hold persons taken into custody incommunicado and without
charge for up to 24 hours. By court order, the period of
1035
TURKEY
incommunicado detention may be extended to 15 days. In cases
of "offenses committed collectively" by three or more persons,
detention without charge for up to 15 days is permitted without
court order.
In the nine provinces under a state of emergency, the governor
(or supergovernor ) may authorize detention of a person for up
to 30 days without charge. Under emergency rule, authorities
do not need warrants to detain suspects. Once in formal
custody, a detainee is taken before a public prosecutor to be
informed of pending charges. If the prosecutor decides to
pursue the case, the detainee is arraigned before a judge and
subsequently allowed to retain a lawyer.
Parliament in 1986 defeated a bill requiring immediate access
to a lawyer. A proposed revision of the criminal code under
which a person, upon being detained, would have the right to
obtain a lawyer is still under discussion. A detainee does
not have a right of bail; the arraigning judge, however, may
release the accused on provisional liberty on presentation of
an appropriate guarantee, or order him held in preventive
detention if the court determines that he may flee or destroy
evidence. The Constitution specifies the right of detainees
to request speedy conclusion of arraignment and trial. In all
cases, the authorities may hold a detainee incommunicado
within the prescribed time limits until he is charged or
released. According to the Police Powers Act of 1975, a
detainee's next of kin must normally be notified "in the
shortest time . "
On April 15, the Parliament passed a law rescinding a
provision of the Execution of Sentences Act of 1986 that
permitted Turkish judicial authorities to impose sentences of
"security observation," known commonly as internal exile.
The Constitution prohibits forced labor, and there is none in
practice.
e. Denial of Fair Public Trial
Defendants normally have the right to an open trial. In some
trials, such as those held in military prisons or on military
compounds, members of the public must seek permission to
attend, but such permission is routinely granted. Although
Turkey is predominantly Muslim, its court system and judicial
procedures are modeled on the Italian (criminal) and Swiss
(civil) law codes. As in many other civil law countries,
trials in which layman juries render verdicts do not form part
of the Turkish judicial system.
The Constitution declares that judges shall be independent in
the discharge of their duties and provides for their secure
tenure. It also prohibits authorities from giving orders or
recommendations to judges concerning the exercise of judicial
power. The independence of the judiciary was demonstrated
when the Constitutional Court declared unconstitutional two
provisions of the 1985 Police Powers Act which were widely
considered to be oppressive. Courts have also acquitted many
defendants in cases involving freedom of expression.
Public prosecutors are also independent; to pursue a case is
their decision alone. It is they who determine whether to
pursue investigations of assertions of torture. The Supreme
Council of Judges and Public Prosecutors, appointed by the
President and including the Minister of Justice, selects
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judges and prosecutors for the higher courts and oversees
those of the lower courts.
All defendants accused of terrorism or other offenses against
the security of the State, including drug smuggling, are tried
in one of eight State Security Courts. The judges in these
courts observe the same standards of evidence as judges
presiding over regular civilian courts. Three judges preside
over State Security courts: a civilian judge as chairman, one
additional civilian judge, and one military judge. Civilian
and security courts generally conduct trials under the same
rules of procedure, based on the Constitution and emergency
law regulations.
A conviction or acquittal in either system may be appealed.
If an appeals court overturns a lower court's guilty verdict,
the case is sent back to the lower court for reconsideration.
If the lower court insists on its original verdict, the case
is returned to the appeals court for a binding opinion. In
some cases, particularly capital cases, appeals to the Supreme
Court or to the High Court of Military Appeals are mandatory
and automatic. If a death sentence is confirmed by an appeals
court, it must be approved by the Council of Ministers, then
by Parliament, and finally by the President.
Available evidence suggests that Kurdish-speaking defendants
standing trial in the southeast often suffer from having only
a partial, or in some cases total, lack of familiarity with
Turkish, the official and only language permitted in
communication with attorneys or judicial officials. Although
translators are permitted, the quality of the translations
from Kurdish into Turkish is reportedly poor.
Estimates of the number of political prisoners held in Turkish
jails vary greatly, depending on the source and the source's
definition of political prisoner. The Government denies that
it holds any political prisoners but points out that many
persons have been imprisoned for terrorist acts or for other
crimes committed in the course of pursuing ostensibly political
goals during the 1970's. Human rights organizations believe
that many people have been imprisoned under statutes
proscribing "membership in illegal organizations," prohibiting
propaganda aimed at promoting the hegemony of one class or
ethnic group, and advocating the establishment of an Islamic
state. They estimate that persons currently imprisoned for
nonviolent activity under these statutes number several
hundred .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of a person's
domicile and the privacy of correspondence and communication.
Entry by government officials into a private residence and
interception or monitoring of private correspondence are
permitted only upon issuance of a judicial warrant.
In the nine provinces still under state-of-emergency law,
however, the governor (or supergovernor ) may empower
authorities to search residences or the premises of political
parties, businesses, associations, and other organizations
without obtaining a warrant. They may also search, hold, or
seize without warrant persons, letters, telegrams, and
documents .
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g. Violations of Humanitarian Law in Armed Conflicts
Since August 1984, the Government has faced in southeastern
Turkey an increasingly bloody campaign of violence carried out
by Kurdish guerrilla groups resident both in Turkey and several
nearby countries, whose professed aim is to establish an
independent Kurdish state--incorporating parts of present-day
Turkey, Iraq, and Iran--by destabilizing the central Turkish
Government. Armed Kurdish rebels in Turkey receive substantial
outside support and materiel.
Guerrilla attacks appear to have increased in both number and
geographic extent in 1987. Recent changes in guerrilla tactics
include the formation of larger bands for armed attacks,
strikes at the economic and transportation infrastructure of
the region, and brutal, terrorist-style massacres of villagers,
many of the victims being women and children.
The attacks by supporters of the Marxist-oriented Kurdish
Workers' Party (PKK) , the main insurgent group, on government
and civilian targets has resulted in at least 500 civilian and
military deaths. A Turkish paper in July reported the 3-year
death toll at 715, of which 289 were civilians, mostly women
and children, 159 military personnel, and 267 guerrillas.
There have been additional killings, particularly of civilians,
since then. Despite major military operations against the
PKK, guerrilla activities continue in many remote and
relatively inaccessible parts of the southeast.
Turkish members of Parliament, international human rights
groups, and the Turkish press have raised questions concerning
activities by security forces in southeastern Turkey.
Reportedly, family members of suspected terrorists have been
abused or tortured to obtain information about the terrorists*
whereabouts. In some cases, the populations of entire
villages have been questioned or even detained. In other
cases, villagers suspected of providing food to terrorists
have been charged with aiding the separatists.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Political developments and court rulings have removed most
restraints on freedom of the press. The criminal code,
however, prohibits speech or writings considered threatening
to state security and the democratic system of government.
The proscription applies to advocacy of class or racial
domination (e.g., communism or fascism), the establishment of
a theocratic state (e.g.. Islamic fundamentalism), or the
creation of a separate state on ethnic lines (e.g., Kurdish
separatism). These provisions are longstanding, dating from
the early days of the Turkish Republic.
The Turkish press is robust and vigorous. It is privately
owned and reflects a wide range of political views. There is
no "government" paper; to a greater or lesser extent, all
newspapers present opposition views. Furthermore, the recent
trend in judicial rulings affecting freedom of the press has
been consistently in favor of more freedom despite still
existing statutory restrictions. Nevertheless, the
possibility of prosecution probably induces some caution by
the press in its selection of subject matter for reporting.
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Turkish radio and television (TRT) is a government monopoly.
Opposition leaders complain that it is biased toward the
Government in its coverage, although all parties were
permitted to present their views during the November election
campaign. Works of certain leftist and Kurdish performers and
writers are reliably reported to be banned from broadcast on
TRT for political or cultural reasons.
b. Freedom of Peaceful Assembly and Association
Peaceful assemblies are permitted with prior permission from
the authorities. Such requests are generally granted.
According to current regulations, marching routes, rally
areas, crowd dispersion routes, and poster hanging locations
are to be fixed for each city every January. The Government
allowed political rallies during the referendum campaign and
did not interfere with the political campaigning for the
November parliamentary elections.
The Law on Associations, which reflected government concern
over the involvement of some associations in the political
violence preceding the military intervention of 1980,
prohibits associations from having ties to political parties
or engaging in political activity. Association activity is
closely monitored by the Government. Associations must submit
their charters for the approval of government authorities
before they are allowed to form. Turkey's Human Rights
Association, formed in July 1986, did not receive permission
to operate as a legal association until 1 year later, although
it was able to hold meetings and seminars in the interim.
As a reaction to the universities' involvement in pre-1980
violence, the Constitution and the Political Parties Law
proscribe student and faculty involvement in political
activities. Political parties are forbidden to form youth
branches. Students must obtain their university rector's
permission before joining an association. After student
protests, the Government withdrew in April a proposed amendment
to the Higher Education Act which would have limited student
associations to one per university campus. Nevertheless, 143
students who protested the draft law went on trial for unlawful
assembly. This trial is still going on. Of approximately 100
faculty members dismissed under martial law regulations--as
many as 1,000 resigned of their own will either. out of
disagreement with the military intervention or for other,
mainly economic, reasons--a number have petitioned for
reinstatement, and at least one professor has been reinstated
following a court decision in his favor.
Membership in, or activities related to, an organization
advocating the establishment of a system of government based
on class (e.g.. Communist organization) are illegal under
Turkish law. Authorities detained four persons in October and
arraigned them on charges of being active members of the
Revolutionary People's Union, which is claimed to be such an
organization .
Trade unions and confederations which continued to operate
under the provisions of the 1983 labor law have been allowed
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rules and wage structure. The 1983 Collective Bargaining,
Strike, and Lock-out Law strictly regulates the bargaining
process and makes strikes outside the collective bargaining
process (general strikes, political strikes, and solidarity
strikes) illegal. Unions are able to represent their members,
engage in collective bargaining, and respond to their members'
interests .
Under martial law, the activities of trade unions and
confederations were severely restricted. Notwithstanding the
lifting of martial law, political activity by trade unions is
banned by the Constitution, the Law on Associations, and the
Trade Union Law. Unions can theoretically neither endorse
candidates and parties nor make contributions to their
campaigns. Nevertheless, the Turkish Confederation of Labor,
Turk-Is, openly campaigned against the ruling Motherland Party
both in the 1986 byelections and the 1987 parliamentary
elections. Trade union activity in defense of workers' social
and economic interests is not regarded as political activity.
The unions have taken advantage of that distinction to mount
strenuous public campaigns against various government policies
and to lobby government and opposition parliamentarians in
support of labor positions.
These campaigns included continuing efforts to persuade the
Parliament to bring the laws restricting union activity into
harmony with relevant International Labor Organization (ILO)
conventions. A March 24 "March On Parliament" was prevented
by the police, who charged that Turk-Is had not applied for a
parade permit.
A December 1986 court decision ordered the permanent closing
of DISK (Confederation of Revolutionary Trade Unions), whose
activities were suspended under martial law following the 1980
military takeover. The trial is in the appeals stage. The
organization and its funds remain under the control of court-
appointed trustees. Three former leaders of DISK were elected
to Parliament in November. The Peace Association trials are
also at the appeals stage, and all defendants are free on bail.
Turkish government, union, and employer representatives
participate fully in the activities of the ILO. The largest
confederation, Turk-Is, is an affiliate of the International
Confederation of Free Trade Unions (ICFTU); most Turk-Is
member unions are affiliated with their respective
international trade secretariats. The Government of Turkey
was elected a deputy member of the ILO governing body in 1987.
The American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO) has alleged that the Turkish workers'
constitutional right to organize is hampered by the labor code
and by government and employer policies and practices, that
the right to strike is heavily encumbered, and that observance
of minimal safety and health standards is lax. The Minister
of Labor has announced that the Government is preparing
legislation which will address some of the worker rights
issues raised by the AFL-CIO and others. The new legislation
reportedly will modify or eliminate some restrictions placed
on trade unions, excessive government oversight of unions, and
regulations affecting their free choice of officers. New
legislation would also address the right of civil servants and
teachers to organize, as well as the strict requirements a
union currently must satisfy in order to become a bargaining
agent .
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c. Freedom of Religion
The overwhelming majority of Turks are Sunni Muslims.
"Alevis," adherents of different heterodox varieties of
Shi'ism, constitute from 10 to 15 percent of the population.
There are also various small Christian religious groups, and a
small Jewish community.
Turkish governments since the founding of the Republic have
regarded secularism as an essential attribute of a modern,
Western-style democratic system, and the Constitution
proclaims it to be a basic characteristic of the State.
Accordingly it distinguishes carefully between a person's
private right to "freedom of conscience, religious belief, and
conviction" and public proselytizing of any kind. Since
Ottoman times, personal identity in Turkish society has
correlated with religion. The 1923 Treaty of Lausanne defines
minorities according to religion, and personal identity is
still largely synonymous with religious identity even in the
modern secular Turkish state. Proselytization is therefore
politically sensitive.
Under the Constitution, "instruction in religious culture and
moral education" in accordance with a state-prepared
curriculum is compulsory for all students. The Education
Ministry confirmed in 1986 that non-Muslims would have to
attend classes in general religious instruction but would be
excused from the "practical" sections, which include
memorization of Koranic verses and instructions in prayer.
The courses--2 hours per week--are taught by lay teachers.
Extracurricular Koran courses using government-approved texts
are permitted. The Government has closed Koran courses run by
fundamentalist sects teaching a more radical brand of Islam.
Among other religious groups, small numbers of Armenian
Orthodox and Armenian Catholic, Greek Orthodox and Greek
Catholic, Bulgarian Orthodox, Roman Catholic, Syrian and
Assyrian Christian, Chaldean Uniates, Protestants, and Jewish
believers are found in Turkey, primarily in Istanbul. In
addition to the Turkish Constitution, the Treaty of Lausanne
guarantees the rights of the non-Muslim minorities. These
groups operate churches, monasteries, synagogues, schools
(where students may be taught in their own language), and
charitable religious foundations such as hospitals and
orphanages .
Non-Muslim minority groups have repeatedly complained about
government policies and procedures concerning the operation of
community schools, the formation of parish councils, and the
registration and repair of church property. Government
restrictions on the transfer of property to religious
charitable organizations is also a matter of contention.
The Government has recently taken steps to resolve several
issues of concern to non-Muslim groups. It granted permission
to the Greek Orthodox Patriarchate in April 1987 to rebuild
its administration building, destroyed by fire in 1941. It
increased the value of repairs which can be made without prior
authorization to historical buildings, thereby removing
another issue of contention. It permitted the free
circulation of Bibles. However, it has not yet granted
permission to build churches to such communities as the
Chaldean Uniates who have emigrated to Istanbul from the
southeast, or to the Armenian community of Ankara.
1041
TURKEY
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is general freedom of movement within Turkey. Turks
generally are free to travel abroad, and increasing numbers
have done so since the relaxation of currency controls.
According to the Constitution, a citizen's freedom to leave
may be restricted on account of the national economic
situation, civic obligations (generally military service), or
criminal investigation or prosecution. Some Turks involved in
lengthy mass trials dating from the early 1980 's have been
denied passports, although others have been granted passports,
and there is evidence that some citizens not under indictment
were denied passports for political reasons. Turkish law
provides that those denied passports while under indictment
may nevertheless be permitted to travel if the Justice
Ministry and Office of the Prime Minister approve.
Restrictions have been eased as a matter of practice, and the
Government is currently considering legislative changes in
order to bring Turkish passport policies more into conformity
with European norms.
Turkish law grants citizens protection against deportation,
extradition, or denial of reentry. The Constitution provides
for the right of Turks living abroad to return home. Under
provisions of the Turkish citizenship law, however, the
Government may strip citizenship from those who have refused
to return home to face criminal charges, or who have committed
acts expatriating themselves, including failing to return to
perform military service. According to a Turkish press report
in April, 13,788 Turks living abroad have been stripped of
their citizenship since 1980.
Turkey has permanently resettled approximately 4,500 Afghan
refugees of Turkic ethnicity in recent years and provides a
temporary haven for East European refugees in two temporary
settlement facilities. Since Turkey limits the definition of
refugees to East Europeans, the Government does not grant
refugee status to Iranians. Nevertheless, as a country of
first asylum, Turkey serves as a safe haven for many Iranian
refugees being processed for resettlement by the United
Nations High Commissioner for Refugees (UNHCR) . It does not
generally deport to Iran those who entered Turkey illegally or
who overstayed their permitted time as "tourists." In
consequence, large numbers of Iranians are now living in
Turkey, many of them in Istanbul and other large cities.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right to change the government exists both in theory and
in practice. Turkey has a multiparty, presidential
parliamentary system. The President is elected by Parliament
for a single 7-year term. The current President, whose
election was automatic with the approval of Turkey's new
Constitution in the 1982 referendum, is retired General Kenan
Evren, former Chief of the Turkish General Staff and head of
the National Security Council which governed Turkey during the
period of military rule (1980-83).
Elections for public office are on the basis of universal
suffrage. The unicameral Parliament has 450 seats elected on
a proportional basis. The Election Law requires that a party
win at least 10 percent of the total national vote in order to
obtain seats in Parliament. The 10 percent threshold is
1042
TURKEY
intended to prevent political fragmentation and recurrence of
the parliamentary paralysis of the late 1970'5. Of the seven
legal parties which fielded slates of candidates for the
November national elections, three received more than 10
percent of the total vote.
Parties advocating a theocratic state, the superiority or
dictatorship of a particular social class or group, or
"exclusive" or "elitist" political philosophies are prohibited.
No party may be formed around a particular ethnic or cultural
group. Among the prohibited political groupings are Communist
and other Marxist parties, which are based on class, and
Fascist "elitist" parties. These are regarded as inimical to
a Western-style democratic society and threatening to Turkey's
fundamental integrity. Fascists and Communists similarly are
banned from membership in other parties. Members of the armed
forces and certain categories of civil servants may not join
any political party.
The Constitution provides for equal political rights for men
and women. Turkey was one of the first countries to grant
women full and equal political rights. There are currently
11 female Members of Parliament, one of whom is a cabinet
minister, and several women hold important positions in the
party hierarchies. Members of minorities, Muslim and
non-Muslim, face no legal limitations on political
participation as long as they accept Turkish national
identity. Despite other limitations and restrictions on Kurds
as an ethnic group, many Turks of Kurdish descent serve or
have served in the Parliament, the Cabinet, and senior
government posts.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government permitted visits to Turkey by foreigners to
discuss human rights during 1987 and, in most cases,
facilitated contacts for both official and nonofficial
visitors. The Government was less helpful to visitors
investigating the Kurdish issue. Since the 1983 settlement of
a five-nation complaint in the European Human Rights
Commission, Turkey has undertaken to provide regular
confidential reports to the Council of Europe and to permit
site visits. The Government has not permitted prison visits
by the International Committee of the Red Cross. Turkey's
accession to the COE Torture Convention will mean future
visits by the COE international committee.
A nongovernmental Human Rights Association was provisionally
formed in July 1986 and had its charter officially approved in
1987. The Social Democratic Populist Party, the main
opposition party, also has a human rights committee and has
actively pursued human rights issues in Parliament.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution regards all Turkish citizens as equal and
prohibits discrimination on ethnic grounds. In the Lausanne
Treaty, the Government undertook "to assure full and complete
protection of life and liberty to all inhabitants of Turkey
without distinction as to birth, nationality, language, race,
or religion." At the same time, it has been the longstanding
policy of Turkish governments to seek assimilation of persons
1043
TURKEY
of non-Turkish ethnic backgrounds into the mainstream of
society. The size of the non-Muslim minority communities has
declined steadily over the years.
Non-Muslim minority groups continue to complain about the
restrictive nature of government policies and procedures
regulating the operation of community schools, the purchase
and sale of community real estate, the administration of
church properties, and the activities of parish councils. The
prohibition on most charitable religious organizations against
accepting bequests also continues to be a major concern.
Kurds can be found throughout Turkey, both as a result of
Ottoman settlement policy and more recent migration to
metropolitan centers. Those living outside of the
southeastern part of the country have been assimilated more
completely into national life. Most Kurdish speakers are
concentrated in the economically disadvantaged southeast, and
many live a tribal existence. Through large-scale economic
development programs, the Government seeks to integrate fully
both the region and its people into modern Turkey.
The Government remains strongly opposed to any assertion of a
Kurdish ethnic identity which could bring into question the
unity of the Turkish State. Publication of books, newspapers,
and any other materials in Kurdish is forbidden, as are books
or any other materials dealing with Kurdish history, culture,
or ethnic identity. The Kurdish language is not permitted for
official purposes, e.g., in the courts, nor is it allowed in
certain private situations such as receiving visitors in
prison, even when the prisoner or visitor does not speak
Turkish. However, there is no restriction on the use of
Kurdish in nonofficial settings.
As noted above, the right of indigenous minority groups to use
their own languages is limited. Although the Lausanne Treaty
states that "no restrictions shall be imposed on the free use
by any Turkish national of any language in private
intercourse, in commerce, religion, in the press, or in
publications of any kind or at public meetings," the
Constitution states that the official language of the country
is Turkish. One article of the Constitution bans
discrimination on the basis of language, while others prohibit
the public use of "languages prohibited by law." While there
is no legislation defining prohibited languages, the
broadcasting and publishing laws do define "legal languages."
Persons have been tried on a variety of charges relating to
the use of Kurdish. All recent such trials have resulted in
acquittals. The Government has stated that the intent of its
bans on publishing in Kurdish (and its discouraging of
languages such as Georgian and Laz) is to foster Turkish as
the language of all citizens for all uses. This is part of an
effort to inculcate in all Turkish citizens a sense of
identity with the Turkish State and nation as opposed to
identification with any particular group within the nation.
In practice, the severity of the restrictions on the use of a
minority language appears to depend on the perceived threat
the group in question presents to the integrity of the State.
For example, the Government faces armed Kurdish separatists
and believes the use of Kurdish fosters separatism. The use
of Arabic, about which there are no such concerns, is not
similarly restricted.
The Government has long been a leader in promoting and
protecting women's rights. Women have full suffrage and
1044
TURKEY
educational rights, have attained high office, and are
represented in all professions and institutions. Women have
served or are currently employed in senior positions as
university rector and dean, ambassador, political party
president, and army colonel. Turkish businesswomen play
significant roles in many industries and sit on the boards of
some of Turkey's largest private firms. Female lawyers and
judges are relatively more common than in the United States,
and female doctors dominate in some specialties.
Nonetheless, the role of women in smaller communities and
rural areas — especially in the east--is still circumscribed by
centuries of patriarchal tradition. Social and cultural
constraints in these areas limit women's equal access to
educational and professional opportunities, the Constitution
and body of law notwithstanding.
CONDITIONS OF LABOR
The Constitution provides for the right to reasonable
conditions of labor suited to the worker's age, sex, and
capacity, and grants the right to rest and leisure and a fair
wage. The Labor Law forbids the employment of children under
13 years of age and restricts children under 15 to "light work
which will not harm their health and physical development,
prevent their attendance at occupational training and
orientation programs, or their ability to benefit from
education." Children between 15 and 18 years of age may not
be employed in underground or underwater work, nor may they be
employed at night. Girls and women may not be employed in
underground or underwater work, but, if over the age of 18,
may work night shifts under conditions specified jointly by
the Ministry of Health and Social Welfare and the Ministry of
Industry and Commerce.
A board composed of government, private sector, and labor
representatives establishes national minimum wages for the
agricultural and nonagricultural sectors. The Labor Law
provides for a 7 1/2-hour day and a 45-hour workweek.
In spite of constitutional guarantees, specific legal
requirements, and labor union efforts, a considerable gap
remains between ideals and realities of occupational health
and safety levels. Trade unions have repeatedly complained
that existing regulations governing health, safety, and
working conditions are not adequately enforced. Outside the
industrialized sector where unions exercise considerable
influence, legal restrictions are generally ignored both on
occupational health and safety and on child and female
employment. In general, the difference between legal
prohibitions against child labor and its practice is
narrowing. But in the agricultural sector to a large degree,
and to a lesser extent in family-operated commercial
enterprises, young children still work at their parents'
side. During 1987 an illegal market in the services of
children in a provincial town, in which children from villages
were leased to work for nonrelatives during the school
vacation months, received considerable newspaper coverage and
was closed immediately by the Government.
1045
UNION OF SOVIET SOCIALIST REPUBLICS
The Soviet Union is a one-party dictatorship, dominated by the
leadership of the Communist Party. That leadership is a
self-perpetuating elite which, with the assistance of a
powerful secret police apparatus, attempts to direct all
aspects of public life and to prohibit the development of
independent centers of political or ideological influence.
Although the Soviet Union is a multinational state, political
power has always been highly centralized in Moscow.
The Committee on State Security (KGB), police authorities, and
prosecutors' offices are charged by the party leadership with
enforcing the population's compliance with policy decisions,
directives, and legislation. They do so by seeking to
intimidate dissenters and potential dissenters and, when
necessary, by meting out punishment, including long-term
imprisonment or exile.
On the economic front the Communist Party bolsters its
monopoly on power through state ownership of the means of
production and government administration of all significant
economic activity. In 1987 the Soviet leadership broadened
somewhat the limits of legal private enterprise, and
elaborated a comprehensive economic reform program aimed at
streamlining and decentralizing economic management. However,
these reforms, even if fully implemented on schedule between
1988 and 1991, seem at this point unlikely to eliminate all
the basic features of the Stalinist "command economy."
This year saw some change in the Soviet handling of dissent.
The limits of permissible dissent were expanded, and those who
exceeded them usually were not subjected to imprisonment or
exile. Instead, authorities used other means of intimidation
short of court trial. These changes, although evident in
Moscow and Leningrad, were barely felt elsewhere. Official
attitudes toward dissent also seemed to harden as the year
progressed. Unlike other government agencies, the KGB has
largely been exempted from the policy of "glasnosf"
(openness), and there is no indication of movement toward
reform of that agency. Even in Moscow, the city where the
most notable changes occurred, most dissident sources
described the changes as primarily in the sphere of what it
was possible to say and much less in what it was possible to
do.
Reforms are taking place at the direction of the party and are
primarily the product of political decisions, not the result
of legal reform. The improvements in Soviet human rights
performance which took place in 1987 have yet to be reinforced
by reform laws, administrative regulations, and bureaucratic
procedures which would help ensure that the rights of
individuals are respected. Soviet authorities currently are
reviewing their entire set of interlocking criminal codes, and
Soviet officials have said repeatedly that significant reforms
are expected. Their effect on the human rights of Soviet
citizens will not be clear until the revised criminal code
appears and is implemented.
Under current laws, those who exercise their rights continue
to face the possibility of arrest, trial, and imprisonment;
internment in a psychiatric hospital; or, more commonly, the
loss of their jobs and opportunities for education, housing,
and even medical treatment. Fear of these possibilities
restrains the vast majority of people in the Soviet Union from
1046
UNION OF SOVIET SOCIALIST REPUBLICS
attempting to exercise the basic rights of freedom of speech,
assembly, or religion.
Nevertheless, a small but apparently growing number of Soviet
citizens have begun to organize unofficial groups and issue
unofficial publications that provide a forum for public
discussion of political, social, ecological, religious, and
other current issues. At the same time, the official press
has provided more open discussion of some historical,
economic, social, and--to a lesser extent--political issues.
While freedom of expression has been expanded and censorship
relaxed, controls remain in place, and the current trends are
neither stable nor legally defined. Direct attacks on the
leadership or party directives or serious calls for a
developed political opposition, including multiple parties,
are beyond the pale.
Jewish, ethnic German, and Armenian emigration increased
markedly, in contrast to the last several years. By the end
of 1987, monthly average departures for ethnic Germans and
Armenians compared favorably with those of the late 1970's and
early 1980 's; however, Jewish monthly average departures in
1987 were less than half those of the 1970's and far below the
peak of 1979. Emigration of members of other ethnic groups
remained negligible.
In January new Soviet regulations for travel abroad went into
effect. In making family reunification the only legal basis
for emigration, the regulations codified Moscow's longstanding
refusal to recognize the "right to leave," a right included in
the Universal Declaration of Human Rights which was
incorporated into the Helsinki Final Act. Soviet performance
in resolving longstanding family reunification cases was
significantly better than in previous years. Approximately 75
such cases on a U.S. Government list of families seeking to
join relatives in the United States were resolved in 1987 or
were in the process of being resolved. However, 106 cases
remain unresolved.
Abroad, the Soviet Union continues its occupation of
Afghanistan and its support of the Vietnamese occupation of
Cambodia, which have resulted in widespread and flagrant human
rights violations. There has been evidence in previous years
that the Soviet Union has been responsible for the use of
chemical warfare in Afghanistan, Laos, and Cambodia.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
On December 26, 23-year-old Sarkis Ogadzhanyan, a Hare
Krishna, died of malnutrition in a labor camp near Orenburg,
only weeks before his scheduled release. Ogadzhanyan was
arrested in January 1986 under religious Article 227 of the
criminal code of the Russian Soviet Federated Socialist
Republic (R. S.F. S.R. ) , or Article 224 of the Armenian code.
Another case of death under suspicious circumstances that
became known in 1987 was that of Aleksandr Petrovich Mironov,
a 40-year-old engineer-economist employed by the Tatar branch
of TSINOTUR (Tsentral *nyy Instituf Nauchnoy Organizatsii
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Truda, Upravleniya i Ratsionalizatsii) in Kazan'. He traveled
to Moscow in August 1986 on his own and his coworkers' behalf
to complain of official corruption in Kazan'. He apparently
threatened to demonstrate if the problem was not corrected.
On his return home, he was detained by militia and on August
28 placed in a mental hospital. On September 9, 1986, his
mother was informed that he had committed suicide by jumping
from a third-floor window. Photographs of the mutilated,
disfigured corpse, however, show clear signs of torture.
Soviet law provides for the imposition of capital punishment
for some economic crimes (e.g., fraud, corruption) which are
not generally considered capital offenses outside the
U.S.S.R. There are no official statistics available regarding
its imposition, but official confirmations sometimes appear.
For example, A.K. Karimov, first secretary of the Bukhara
Oblast' Committee, was executed in the spring for his role in
inflating cotton output figures for his oblast". Soviet
officials have said, however, that among legal reforms
currently being considered is the elimination of the death
penalty for economic crimes.
b. Disappearance
There have been no known instances of prolonged or permanent
disappearance in recent years. However, it is not unusual for
people to be arrested or confined in psychiatric facilities
without next of kin being notified. Concerned relatives are
expected to initiate an inquiry with the authorities to find
out if and when their family member was arrested and where he
or she is being held. Press articles critical of this
practice appeared in 1987. In 1987 Soviet officials were
willing to respond to questions concerning Raoul Wallenberg,
the Swedish diplomat and honorary American citizen who was
apprehended by the Soviets at the end of World War II. Their
responses, however, provided nothing beyond the limited
information already known about Mr. Wallenberg's fate.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Many Soviet political prisoners suffer both mental and
physical abuse and mistreatment during interrogation, trial,
and confinement, according to a wide variety of reliable
sources. Eighteen-year-old Jehovah's Witness Yaroslav
Zazhitskiy was so badly beaten during pretrial detention that
his September 1987 trial for refusal to perform military
service on religious grounds had to be delayed. On May 4,
militia raided a locality on Gogol Boulevard in Moscow, where
nonconformist youth gather, and detained 50-60 people. Some
had sacks placed over their heads to muffle cries, and three
were beaten so severely they had to be hospitalized. In a
show of glasnost", the July 3 Komsomolskaya Pravda criticized
the militia's handling of the event and reported that those
responsible had been punished.
Prison and camp conditions have not improved this year; they
may have grown worse, owing to more consistent implementation
of regulations, which are harsh. Life in prison continues to
be m.arked by isolation, poor diet and malnutrition, compulsory
hard labor, beatings, frequent illness, and inadequate medical
care. The 13 political prisoners in Special Regimen Camp
36-1, who in December were reportedly transferred to Special
Regimen Camp 35, suffered under most brutal conditions of any
labor camp in the U.S.S.R. Many political prisoners.
80-779 0 - 88 - 3A
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including four Helsinki monitors, have died in Perm' 36-1
within the last 4 years. Of the 13 most recent inmates--9
Ukrainians, 2 Estonians, 1 Latvian, and 1 Russian--? are
Helsinki Monitoring Group members. Ukrainian Ivan Skalch, who
is gravely ill with bone tuberculosis, has been temporarily
moved to a hospital, but some fear he has died. Hryhorii
Prykhodko, who also suffers from tuberculosis, remains under a
special regimen, which endangers not only his own life but
also the lives of his cellmates.
The Government continued to place selected political and
religious activists in psychiatric hospitals, some of which
fell under the jurisdiction of the Ministry of the Interior
and not of the Ministry of Health, although, as described
below, the Interior Ministry may be giving up this
jurisdiction. These patients are often subjected to the
painful, forced administration of sedatives, antipsychotics,
and other mind-altering drugs.
Several demonstrators suffered psychiatric confinements in
1987. Igor Baryl'nik of the Group to Establish Trust Between
East and West was placed in a psychiatric hospital September
11, apparently to prevent him from participating in a
September 13 demonstration on behalf of Matthias Rust, the
young West German who landed his small plane in Moscow's Red
Square. He remained there until October. Serafim Yevsukov
was placed in a mental hospital February 27 after
demonstrating for permission to emigrate. Yuriy Makhov has
been placed in mental institutions four times because of his
desire to emigrate to the United States — the last time from
September 24 to October 17.
Armenian human rights activist Sirvard Avagyan, a former
political prisoner who has twice been confined to mental
hospitals, was again forcibly confined in a mental institution
outside Yerevan in April or May. In a tape played at a Moscow
human rights activists' press conference October 20, Avagyan
described forced drug treatments and beatings.
Vasiliy G. Shipilov has reportedly been held in mental
institutions for 38 years and spent time in Stalin's labor
camps before that because of his opposition to communism on
religious grounds. According to Western sources, 64 political
prisoners were released from psychiatric hospitals in 1987,
including Nizametdin Akhmetov, Vladimir Klebanov, Aleksandr
Riga, Aleksandr Skobov, Anna Chertkova, and Algirdas
Statkevicius . Between 65 and 95 known political prisoners
remained in Soviet psychiatric hospitals at the end of the
year, including Ukrainian human rights activist Hanna
Mikhailenko. Nina Kovalenko, a former Trust Group member who
was released from a psychiatric hospital in December 1986, was
permitted to emigrate in January.
The official press has begun to devote attention to the
problem of psychiatric abuse, with a major article in
Izvestiya in July, another important "expose" in Moscow News
in October, and a third in Komsomol ' skaya Pravda in November.
The relationship between psychiatric abuse and control of
political dissidence is, however, a subject that is still not
discussed openly.
In late summer, TASS announced that all psychiatric
institutions were being placed under the control of the
Ministry of Health. This appears to be an attempt to blunt
Western criticism and to eliminate the abuses that occurred at
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institutions run by the Ministry of the Interior. Nonetheless,
there is little indication of change at those institutions, as
most personnel remain in their positions. The abuse of
psychiatry reportedly still occurs.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Government spokesmen insist that prosecution occurs only in
cases in which persons commit acts prohibited by law. But the
provisions of laws under which prosecutions have occurred
themselves violate internationally recognized human rights,
including freedom of expression and freedom of association.
Among these provisions are:
--Article 7G, "Anti-Soviet agitation and propaganda,"
which carries a maximum penalty of 7 years' imprisonment and
up to an additional 5 years in internal exile.
— Article 142, "Infringement of the laws on separation of
the church from the State and of the school from the church."
— Article L90-1, "The dissemination of deliberately
hostile fabrications defaming the Soviet State and social
system." This article, introduced in 1965, carries a maximum
penalty of 3 years' imprisonment.
— Article 190-3, "The organization of, or active
participation in, a group actively violating public order,"
which carries a maximum penalty of 3 years' imprisonment.
--Article 22V, "The infringement of the person and the
rights of citizens under the appearance of performing
religious ceremonies," which carries a maximum penalty of
5 years' imprisonment.
In addition to these provisions, the authorities continue to
use criminal code provisions against "parasitism,"
"hooliganism," and "illegal commerce" or "speculation" to
harass persons for political activity. Dissidents are
sometimes fired from their jobs, then threatened with arrest
or even in some cases arrested for "parasitism" because they
have nc jobs. The authorities also reportedly fabricate
charges for criminal offenses, such as the possession of drugs
or weapons, or even more extreme crimes, such as rape. It was
reported in September, for example, that Valentin Yaroshchuk,
a Hare Krishna, faced trumped-up criminal charges in Riga of
resisting the militia.
Overall, however, there was a substantial decrease in the
application of the "political" articles in the course of the
year. These articles reportedly are being reviewed as part of
the general process of revision of the criminal code, but have
not been revised to date.
Soviet criminal codes also permit administrative jailing for
periods of up to 15 days. In practice, such incarcerations
are often used to punish demonstrators and political and
religious activists under the guise of "hooliganism" or
"disturbing the peace." The criminal codes also provide
Soviet authorities power to detain citizens for 3 to 4 hours
for questioning; after this period, detainees must either be
charged or releebed.
There were numerous reports in 1987 of groups or individuals
who neld unofficial demonstrations in support of various
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causes; most were either detained for a few hours or, in some
cases, given jail sentences of 10-15 days. Many managed to
carry out large public protests, however, in a notable change
from the past. The authorities' toleration of demonstrations
by the Crimean Tatars in Moscow in July and by nationalists in
the Baltic republics in June and August were the most
prominent examples. Nevertheless, participants in those
demonstrations and others were sometimes subjected to
beatings, arbitrary detention, and house arrest. In most
cases of arbitrary detention, detained persons are released
within a few hours. Toward the end of the year, Soviet
tolerance for such demonstrations rapidly dwindled, and most
were broken up by force or prevented from occurring altogether.
According to the code of criminal procedure, pretrial
detention can last as long as 9 months, and prisoners are not
entitled to consult with a lawyer until shortly before trial.
Prolonged pretrial detention thus functions as a form of
preventive detention, although there were no reports of its
use in this way in 1987.
Most political prisoners, as well as most ordinary criminals,
are confined to camps where they are forced to labor, often
under harsh and degrading conditions, on Soviet developmental
projects and to assist in the production of large amounts of
primary and manufactured goods. Goods are manufactured on
behalf of nearby factories and are included in those factories'
quotas and production statistics. Prisoners are theoretically
paid the same wage as factory workers, but up to 90 percent of
their pay goes to prison authorities, supposedly to cover the
cost of their maintenance, according to the Corrective Labor
Code of the R.S.F.S.R.
Soviet psychiatric institutions are also used to detain and
confine dissidents arbitrarily. A Soviet Ministry of Health
directive, issued in August 1971, authorizes the psychiatric
confinement of persons who pose a "social danger," without
providing an identifiable list of suspect symptoms. In effect,
individuals can be confined, with the assistance of the police
and the agreement of three psychiatrists, without their consent
or that of their families. The length of the detention can
vary greatly, and doctors often refuse to give a diagnosis or
set a release date. Patients committed under criminal
confinement procedures may lose the right to be informed about
the charges brought against them and the right to mount their
own defense. Soviet authorities have said, however, that
there will be a reform of psychiatric hospitals and that steps
are being taken to make psychiatric commitments subject to
judicial review.
In September 1983, the authorities approved an addition to the
R.S.F.S.R. criminal code dealing with "malicious disobedience
to the administration of corrective labor institutions."
Under this provision, prisoners who disobey camp authorities
or who have spent time in solitary confinement during the
course of the previous year may be sentenced to an additional
3 years. This provision was applied only infrequently in
1987. In March Vladimir Kustrya was sentenced to an
additional 2 years, 8 months under article 188-3; also in
March, longtime political prisoner Pyotr Saranchuk was
sentenced to 3 years in a special-regime camp under article
188-3.
In 1987 the authorities continued the practice, which dates
back to tsarist times, of exiling political dissenters. Exile
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UNION OF SOVIET SOCIALIST REPUBLICS
often follows prison and, in practice, means confinernent in a
remote vi^ilago, far away from ho:!>.elana and family, vvhsre
climatic conditions are usually severe, fresh food is scarce,
and isolation is an additional barde-. These conditions are
mitigated only by the privile^a of tecesving foud parcels from
family tnembers, moviny about within a limited area, finding
work (usually rr.enici), and arranginy one's own (often
primitive) accomn)o5ations . The fsir.i.iies of exiles are usually
permitted to live with them, although it may take several
months to receive the required pennits. In November, however,
the Goveiriment announced that it was planning to end the use
of internal exile as a form of punishment. Vs'hen implemented,
this decree should fr?.e about 25 knowr. prisoners in exile and
will benefit others who art scheduled to be sent into exile
after finishing their labor camp terms.
Persons released from exile often are not allowed to return to
their former places of residence. Some are forced to live in
other areas of the Soviet Union, in reality ensuring continued
separation from their homes. Others, having nowhere to go,
return Lo their old homes without residence permits, where
they risk arrest for violating residence laws. In August
1935, the Council c" Ministers issued decree no. 738, as yet
unpublished, which severely limits the right of many former
prisoners to reside in or visit Moscow or its suburbs. In
November Pentecostal emigration activists Galina and Vasiliy
Barats were forcibly expelled from Moscow to Trans-Carpathia .
The authorities also have utilized external exile or
"voluntary" departure as a method of eliminating dissent.
In 19S7 the Soviets released over 300 political prisoners; a
number of them, however, had already completed their terms. A
substantial number of the best-known prisoners were forced to
emigrate, with the iruplicit or explicit understanding that the
alternative was an eventual return to the labor camps or
mental institutions from which they had just been released.
With few exceptions, all were forced to leave on exit visas to
Israel, which meant they were deprived of Soviet citizenship.
Those who left included Latvian activists Roland Silaraups and
Janii P.ozkaln^.:, Estonian activist Tiit Madisson, and Russian
activists Sergey Khodorovich and Vladimir Titov. A number of
form.er Helsinki monitors, or members of human rights groups
associated with the Helsinki process, also departed, including
Tanya Osipova, Ivan Kovalev, Viktor Nekipelov, Anatoliy
Koryagin. Eduard Gudava, Tengiz Gudava, losip Terelya, and
Vytautas Skuodis. Danilo Shum.uk, who had served 42 years in
Polish, Nazi, and Soviet prisons, also left the Soviet Union
in 1987.
A number of released Helsinki monitors remained in the Soviet
Union, including Merab Kostava, Gleb Yakunin, Myroslav
Marynovich, and Vasyl Smiltsiv. Thirteen Helsinki monitors
remained in prison, labor camp, exile, or psychiatric
hospitals as of the end of the year. They included Lev
Lukyanenko, Ivan Kandyba, Mart Niklus, Yuriy Shukhevych,
Viktoras Petkus, Alfonsas Svarinskas, Sigitas Tamkevicius, and
Vasyl Ovsyenko.
e. Denial of Fair Public Trial
Communist party control of society extends to the legal and
judicial system and is exercised in political cases to negate
constitutional guarantees of the objectivity and independence
of the judicial process. Soviet authorities generally ensure
that political trials are closed to the public by requiring
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admission passes, packing the courtroom, and harassing or
detaining observers outside. The location and date of a trial
are often announced on short notice and may be changed with
little warning. Western journalists and diplomats are
regularly denied access to political trials as well as
permission to visit cities outside Moscow where trials are
taking place.
Defense attorneys, like judges, are subject to political
pressures and constraints applied by the security forces and
the party. According to official statistics, about 60 percent
of attorneys are party members, and this proportion rises with
the seniority of the position. Moreover, attorneys must have
special clearance to act as defendant's counsel in a political
case. Attorneys who overstep their assigned role of providing
a perfunctory defense risk losing their clearance and even
destroying their careers. Even the most honest and vigorous
defense is of limited utility since results indicate that the
outcome of political trials is determined beforehand by the
authorities. Appeals, although permitted, are usually a
formality.
Since data on political prisoners is regarded as a state
secret, estimates about the number vary considerably. One
list of political prisoners whose names are known, compiled by
Soviet emigre and former political prisoner Kronid Lubarsky,
includes about 400 persons. It is believed that the number of
political prisoners is much higher, however, although their
identities are not known. Although prominent political and
religious figures are segregated and kept in special labor
camps, many lesser known activists are tried on nonpolitical
criminal charges (e.g., speculation, parasitism, hooliganism,
resisting arrest) and are treated as ordinary criminals, and
therefore might not be included in statistics on political
convictions .
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government interference in personal life is pervasive. The
authorities regard it as a citizen's duty to inform on the
unorthodox attitudes of family members, friends, and
neighbors. The electronic monitoring of the residences and
telephones of certain Soviet citizens and foreigners is done
routinely, despite constitutional provisions assuring the
inviolability of citizens' homes. According to law, no one
may enter a home against the will of the resident "without
legal grounds." In practice, this provision has little
restraining effect on investigative agencies.
Nevertheless, the number of house searches for political
materials was reduced this year. There were none reported in
Moscow and Leningrad (although materials related to the
reported destruction by the Soviet Supreme Court of files on
1930's purge victims disappeared from Dmitriy Yurasov's Moscow
apartment September 7, and dissident sources assumed the theft
was the work of government agents) . They continued outside
Moscow and Leningrad but on a reduced basis.
Through the control of mail and telephone circuits, the
authorities often selectively restrict contact between
citizens and foreigners, often intercepting mail or cutting
off telephone conversations. On June 1, four Moscow women
refuseniks arranged meetings with refuseniks in their homes
and asked Western supporters to call them to commemorate
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International Children's Day and remember refusenik children.
During the hours of June 1 arranged for the calls, all four
had their telephone service interrupted and were unable to
receive the calls. Political activist Valery Senderov's
telephone was also reported to have been disconnected, and
telephone calls between divided spouses and families were
occasionally interrupted. Nevertheless, in most cases, the
authorities do not interfere with telephone contact between
refuseniks and dissidents and friends or family in the West.
It has now become common practice for Soviet human rights
activists to telephone Western human rights organizations with
news on the human rights situation in the U.S.S.R.
Contacts with foreigners had been further discouraged with the
issuance of a decree in 1984 which mandated fines for Soviet
citizens who provide foreigners with "accommodation or
transportation or have rendered them, other services in
violation of established rules." There was only one reported
case in which fines were imposed during 1987. That occurred
in Rcstov-on-Don this fall when two Soviet citizens were fined
50 rubles apiece (about $80) for driving several United States
Information Service exhibit guides outside the city limits.
There has also been less harassment of foreigners who visit
refuseniks or dissidents. Refuseniks and dissidents are
sometimes criticized in the press for their ties and contacts
with the West. For example, Serafim Yevsukov, an ethnic
Russian who succeeded in emigrating to the West in 1987, was
attacked by Moskovskaya Pravda March 5 and called a "tool of
anti-Soviet elements in the West." This epithet is also
commonly used against Jewish activists, such as losif Begun.
Glasnosf editor Sergey Grigor'yants was attacked in the
September 15 Vechernyaya Moskva for his contacts with Western
journalists. Press attacks on persons who seek to emigrate or
agitate for human rights continue, although less frequently in
1987 than in the past.
Foreigners who decide to marry Soviet citizens are sometimes
prevented from returning to the Soviet Union for the required
registration of the intention to marry or the marriage itself,
resulting in a "blocked marriage." A number of spouses of
U.S. citizens have not been permitted to emigrate. During
1987 a number of such cases were resolved, and fewer new cases
arose. In November, however, the authorities began to insist
that a special "guest" visa be obtained by travelers going to
the Soviet Union for the purpose of marriage. This may
represent a step backward, since such visas have traditionally
been difficult to obtain.
The Government continues to jam some Western radio broadcasts,
including those of Radio Liberty in Russian and other Soviet
languages, Deutsche Welle, and the Voice of Israel. These
actions are inconsistent with the provisions of the Helsinki
Final Act. Islamic (mostly Iranian) broadcasts into Central
Asia also are jammed. Most jamming of Voice of America
broadcasts was ended in 1987, and broadcasts in English and
other Western European languages generally are not jammed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for most internationally accepted
political liberties but requires that their exercise be in
accordance with the "interests of the people and the
strengthening and development of the Socialist system." In
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practice, this has generally meant that the good of the State
comes before that of the individual.
All official information media are controlled by the party and
the Government. According to Soviet officials, this year
marked the end of the requirement to submit all publications,
films, and radio and television scripts for censorship to the
Main Administration for Safeguarding State Secrets in the
Media. Instead, it is now the responsibility of individual
editors to assure that their publications are in line with
party policies and directives. This has meant a broadening of
discussion of historical, social, economic, and--to a lesser
extent--political issues in the official media. There remain
strict limits, however, on what can be published. Editors who
have published articles pushing those limits have been
reprimanded by party officials, but there was no reported
instance in 1987 in which an editor was fired for that
reason. Thus, some publications have developed distinctive
perspectives on issues, and there have been open debates on
the "correct" approach to "perestroyka" (restructuring),
glasnost' (openness), Soviet history, and other public issues.
Openly dissident views on important questions of policy--e.g . ,
the wisdom of party guidelines or of the leadership — have
begun to appear in the official media, usually in the form of
letters to the editor. Debate within the leadership is often
reflected in published texts where sophisticated polemics and
criticism, expressed in veiled language, allow experienced
readers to identify policy trends and controversial issues.
Open polemics have occasionally emerged between advocates of
different lines of policy, as was the case in the summer when
several of the most prominent Soviet literary publications
openly and vigorously criticized each other over official
cultural policy. Media debate over economic policy is now
commonplace .
Soviet journalists are subject to the discipline of the
Communist Party and subordinated to the directives of their
editorial superiors, themselves trusted members of the party.
As such, they have been spokesmen for official policies rather
than journalists in the Western sense. Now, however,
journalists are more frequently able to voice their own
opinions in signed articles for which they are held
responsible. The policy of glasnost' has contributed to the
development of investigating journalism, much to the
discomfiture of local and economic officials.
The most significant development in this area has been the
proliferation of unofficial publications (samizdat, or
self-published material). Unlike past samizdat journals,
current journals are written and edited by persons who do not
hide their identities. These publications exist in a gray
area--they are neither explicitly permitted nor prohibited.
In the past, many of their editors and contributors would have
been convicted for "anti-Soviet activity," thus effectively
stopping the publications. Under present conditions, the fate
of these publications is unclear, given the Government's
effort to stimulate private initiative and unwillingness to
try persons in Moscow or Leningrad on grounds of "anti-Soviet
activity," particularly in light of the current government
review of the legal articles banning "anti-Soviet activity."
Editors and contributors for the more outspoken periodicals
have been harassed--some have lost their jobs, been detained,
visited repeatedly by militia, threatened with prosecution for
illegal use of government reproduction facilities, and
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attacked in the official media. Sergei Grigor 'yants , editor
of the unofficial journal Glasnost', has been repeatedly
attacked in the press; 70 copies of his journal were
confiscated in September; and he and two other editorial board
members were detained and beaten on several occasions. The
editor of the underground journal Ukrainian Herald Vyacheslav
Chornovil, has been pressured to leave the U.S.S.R. Samizdat
publications by the Ukrainian Catholic and Lithuanian Catholic
Churches and by unregistered Protestant denominations, such as
some Baptists, continue to be the object of particular
government repression. House searches for these types of
materials, which are generally confiscated when found,
continue.
The Government has relaxed somewhat the obstacles to the work
of foreign journalists. Official press conferences have
become a regular feature of life, and most Western journalists
maintain that their access to Soviet officials has been much
improved. Some Western journalists have been allowed to
travel to and conduct interviews in closed areas. The
Government continues to circumscribe the circulation of
non-Communist foreign newspapers, which are rarely available
to average Soviet citizens. Overt censorship of wire and
satellite transmissions of news stories out of the Soviet
Union is rare, but the authorities sometimes harass selected
foreign journalists, especially those who maintain close
contacts with dissidents and refuseniks.
-All universities and research institutes are operated by the
State or party; teaching and research must conform to official
requirements. In areas such as foreign policy and
contemporary Soviet history, requirements on research and
teaching reportedly are being relaxed. Although previously
forbidden areas are becoming mors and more open to researchers
(particularly in the field of Soviet history), academic
freedom in the Western sense does not exist. Freedom of
expression expanded in 19f7, although there remained subjects
which were politically sensitive and had to be treated
cautiously. The Government's range of political sensitivities
remains broad, and censorship standards can be applied in an
arbitrary =)nd capricious manner. Nevertheless, the realm of
the permissible in literature, scholarship, and culture
continued to expand. A significant number of previously
banned books and plays were published or staged, including
Rybakov's "Children of the Arbat" and Bulgakov's "Heart of a
Dog." Political satire by Soviet comedians became sharper,
although generally within officially approved limits--for
example, satirizing official corruption, mismanagement, or
inertia. Soviet news media published or broadcast information
on internal events, such as demonstrations, that was previously
forbidden. There has been increased discussion of government
policies, such as price reform, removal of subsidies, and
various ecological issues.
b. Freedom of Peaceful Assembly and Association
During 1987 the Government was more willing to tolerate
demonstrations, both by groups and individuals.
Demonstrations have been used primarily by emigration
activists, but 1987 saw many demonstrations by Soviets
interested in remaining in the Soviet Union and agitating for
changes of various kinds. National minorities, including the
Crimean Tatars, Latvians, Estonians, Lithuanians, and
Armenians, staged major demonstrations.
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Efforts to eliminate such open expressions of discontent
persisted, however. Demonstrators often have their placards
seized and are then detained for short periods, harassed,
attacked in the press, or occasionally sentenced to jail
sentences of 10-15 days. The newspaper Vechernyaya Moskva
attacked the unofficial seminar "Democracy and Humanism" for
organizing a demonstration in support of political prisoners.
Their demonstration was prevented in Moscow by the roundup of
35 people suspected of organizing the demonstration. In
Leningrad they managed to demonstrate, but several were
sentenced to 10 days in jail, and many were detained. An
October 31 Vecherniy Leningrad article criticizing the
demonstration commented that it should be understood that
democracy was subordinate to the need to maintain order. Some
demonstrators continue to be beaten. During U.S. Secretary of
State Shultz's visit to Moscow October 22-23, Andrey Zhdanov
and Galina Gerasimova were beaten and forced into militia cars
when they attempted to demonstrate in front of the American
Embassy. Subsequently, however, they received permission to
join their daughter (who defected several years ago) in the
West.
Rules introduced in Moscow and Leningrad in 1987 regulating
demonstrations, despite stiff restrictions on locale, would
seem to legitimate them, but in no known instance was an
application for a protest demonstration approved. Authorities
approved a September 27 commemoration of Babi Yar, which was
attended by leaders of the official Anti-Zionist Committee, as
well as unofficial activists. One applicant for permission to
demonstrate was told it was only legal to demonstrate "for"
something, not "against."
Despite the release of over 300 political prisoners in 1987,
many remain incarcerated for their participation in unofficial
groups. Thirteen former Helsinki monitors were still confined
at the end of the year. Persons who are "too active" in
their protests continue to be threatened with confinement in
mental institutions. Igor Baryl'nik, a member of the
Leningrad trust group, was placed in a Leningrad Mental
Hospital September 11, apparently in order to prevent him from
participating in a September 13 demonstration in Moscow on
behalf of Matthias Rust. Other demonstrators were seized
September 13 when they began trying to collect signatures in
downtown Moscow supporting Rust's release and were detained
and interrogated for several hours. Also on September 13, 18
Moscow Jews were detained for several hours in order to
"prevent" a demonstration against anti-Semitism that had
already been canceled by the organizers after they were
refused permission to demonstrate and attacked repeatedly in
the press, television, and radio. Official attitudes towards
demonstrations seemed to harden further later in the year.
Demonstrations in Riga in June and August took place despite
official attempts to discourage them; in November demonstrators
in Riga were met with beatings and detentions. On December 6
a demonstration in Moscow protesting emigration policy was
disrupted by the pushing and shoving of groups of young men
and some of the demonstrators taken into custody. A late
December demonstration marking the eighth year of Soviet
occupation in Afghanistan was broken up by force, and several
demonstrators were detained.
The Constitution grants citizens the right to associate in
public organizations "in accordance with the aim of building
communism." In practice, public associations are organized by
the authorities or are subject to their strict control, and
1057
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the Government suppresses attempts to function independently
of its supervision. Nevertheless, current conditions have
fostered the growth of a large number of unofficial or informal
organizations that provide a forum for discussion of political,
social, ecological, and other issues. Many of these clubs
produce journals or bulletins. Most actively support
perestroyka. Both Moscow and Leningrad have developed
umbrella organizations that represent a number of these clubs;
in Moscow, the "Social Initiatives Group" and in Leningrad,
"Epitsentr." Other cities, including Kiev, Kazan", Sverdlovsk,
Ulyanovsk, and Brezhnev, have developed their own clubs. Some
clubs are trying to register as official organizations, for
example, the Perestroyka Club in Moscow. The proliferation of
these groups, with the opportunity they provide for public
discussion, is one of the most significant developments in the
human rights situation in the U.S.S.R.
In October 3 group of Moscow activists announced the formation
of the Moscow branch of the Frankfurt-based International
Society for Human Rights. On October 20, the group held a
press conference on the problem of psychiatric abuse in the
Soviet Union. Russian, Ukrainian, Armenian, and Georgian
committees for the defense of political prisoners have been
formed. On International Human Rights Day, the unofficial
organization "Press Club Glasnost'" held an international
human rights seminar, but not without some detentions and
other problems. This is one of several relatively recent
examples of attempts at open, visible discussion of human
rights problems. At the same time, greater openness has
provided a public forum for some of the more unattractive
sides of Soviet life, such as anti-Semitism. The organization
"Pamyat"", which began as an organization dedicated to
preserving historical monuments, has developed a faction in
the R.S.F.S.R. that is rabidly anti-Semitic. Despite criticism
of "Pamyat'" by Soviet media, the regime has treated it
cautiously, suggesting that it enjoys some suppc^t in official
quarters .
Trade unions are strictly subordinated to the Communist Party
and act as agents of the Government in implementing economic
policy and ensuring Isbor discipline. The unions do not act
as collective bargaining agents. The International Labor
Organization's Committee of Experts has noted that the Soviet
Union has contravened the Convention on Freedom of Association
and Protection of the Right to Organize by imposing a
constitutional link between the Communist Party and trade
unions, which restricted the right of the unions to organize
their own activities and formulate their own programs.
The right to strike is not recognij^ed, and strikes are rare.
Local authorities sometimes make concessions whe-" confronted
v/ith a spontaneous strike o^er a local, limited grievance.
Bus drivers in the town of Chekhov, for example, held a strike
September 14 to protest a new regulation that would dock their
pay if they did not keep strictly to their tirr:etable Their
demands were met. There were other unconfirmed reports of
"work stoppages" that occurred throughout the U.S.S.R.
There were no reports of independent labor activity in the
U.S.S.R. during 1987, although the Free Inter-Professional
Union of Workers (SMCT), which had been decimated by arrests
and forced e;migration, has reportedly begun a very limited
level of activity. SMOT activist Fador Finkel was permitted
to emigrate to the United States.
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c. Freedom of Religion
The Constitution provides for the "right to profess or not to
profess any religion and to conduct religious worship or
atheistic propaganda." The right to conduct religious worship
and the right to make atheistic propaganda are not equivalent,
however, since the former right does not include the right to
conduct "religious propaganda," i.e., to engage in public
defense of religious values or to rebut official attacks on
religion. Moreover, extensive legislation and administrative
regulations on "religious cults" place additional restrictions
on freedom of religion. On balance, religious believers have
benefited less from policies of glasnosf and perestroyka than
other social groups.
Registration with the Soviet Council on Religious Affairs is
required for religious groups of 20 adults or more. The State
is able to limit the number of congregations since the
authorities reserve the right to grant or withhold
registration. Their refusal to grant registration has been
used to deny legal status to entire religious denominations,
for example, to the Ukrainian Catholic (Uniate) Church since
1946. Once registered, religious congregations must accept
strict regulations which prohibit proselytizing, religious
discussion and Bible study groups, charitable activity, and
formal religious training for children. Existing seminaries
and other institutions of clerical education and the numbers
of students permitted to pursue a religious vocation do not
provide a sufficient body of trained clergy for officially
registered denominations. In one positive development in
1987, authorities rescinded the requirement that priests
register all baptisms with the State. In many areas outside
Moscow and Leningrad, however, priests continue to register
baptisms .
Many groups of believers refuse to register officially on the
grounds that much of the legislation affecting "religious
cults" contradicts the tenets of their religious beliefs.
Others, such as the Hare Krishna, are refused the right to
register. Unregistered believers, such as some Baptists,
Jehovah's Witnesses, Seventh-Day Adventists, Pentecostalists,
and Hare Krishnas, are subject to repressive measures,
including harassment at school or place of employment, denial
of access to housing and educational and job opportunities,
dismissal from work, and imprisonment. One reliable list of
dissidents counts approximately 204 religious activists who
are currently serving prison sentences on charges related to
their religious beliefs.
Pentecostalist Presbyter Vasiliy Boyechko was released early
from a 3-year labor camp sentence in April but was threatened
with rearrest in September if his congregation did not
register. Pentecostalist Leonid Litvinenko was rearrested in
camp and sentenced to another 3 years in a strict-regime
camp. The small Pentecostalist community in Chuguyevka in the
Soviet Far East continued to face repression during 1987. No
member of the community has been permitted to hold a job for 4
years, with consequent extreme economic hardship. Eight
members are still imprisoned, including their pastor, Viktor
Val'ter. While the family of imprisoned Chuguevka
Pentecostalist Nikolay Wiens was permitted to emigrate to the
Federal Republic of Germany, Wiens himself remained in a labor
camp. Also, Leningrad Pentecostalist Vladimir Markov was
permitted to emigrate in September.
1059
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Among unregistered Baptists, Anna Chertkova was confined in a
special psychiatric hospital but has now been released. In
February Baptist Viktor Litovchenko was sentenced in Kiev to 3
years' strict-regime labor camp under article 190-1. Baptist
prayer meetings continue to be broken up. On the positi^f;-
side. a nuraber of Baptise prisoners were released early,
including Lidiya noronina-Las.T.ane . Baptist Vladimir Khaylo
was released from a rnentiil institution and permitted to
emigrate with most members of his family.
Tl-e traditional religious affiliation of ethnic Russians is
the Russian Orthodox Church, -Jhich, according to many dissident
church source?, is subjected to heavy interference in its
internal acfairs by the authorities, including the k:GB. The
church hierarchy is often called on to support government
initiatives publicly, particularly on disarmament. While
tcloiating the existence of this church, largely for
international propaganda purposes, the authorities discourage
the population's intsres'c, participat io;i, yad involvement in
church affairs. In Moscow, authorities permit only about 50
churches to function. At Easter, the Russian Orthodox
Church's most important religious holiday, police often
blocked or denied access to the crowds trying to attend
services .
The independent Ukrainian Orthodox Autocephalous Church was
liquidated by the Soviets in the 1920 's and 1930 's by means of
massive repressive measures, including executions of the
church hierarchy, and remains forcibly incorporated into the
Russian Orthodox Church,
Soviet officials in 1987 generally demonstrated a slightly
more tolerant attitude toward Christianity in general and
Russian Orthodoxy in particular. Released prisoner Father
Gleb Yakunin was given his first parish (in Shchelkovo) in 20
years, but only after warnings not to engage in political
activity. Konstantin Kharchev, chairman of the Council on
Religious Affairs, stated that legislation on religion is
being reviewed and promised tihat there would be no religious
prisoners by the end of November; however, the Soviets have
failed to fulfil the latter. Moscow News and Literaturnaya
Gazeta have carried articles encouraging tolerance of
religious believers, although regional nev\;spapers still seem
to be following the old antireligious line. Two unofficial
Russian Orthodox journals appeared this year — Bulletin of the
Christian Community and Choice--3long with the officially
permitted Vestnik of the Patriarchate.
Believers active in other than officially sanctioned church
rituals are often punished, although 1987 saw an improvement
in this area. Still, Russian Orthodox Deacon and Historian
Vladimir Rusak remains in Perm' Labor Camp 35 on charges of
anti-So\^iet agitation and propaganda because he criticized the
Russian Orthodox Church hierarchy's cooperation with the
Communist Government; in September he was reported to be held
in the camp's internal prison.
In Ukraine, a group of more than 200 Ukrainian Catholic
bishops, priests, and lay people issued an appeal to the Pope
and to General Secretary Gorbachev to help them gain legal
status for their church and announced that they were formally
"coming out from the underground." In the wake of the appeal,
a number of signatories were harassed, and 38-year-old
Mykhailo Hawryliw was called up for reserve duty. Since this
appeal, two more petitions with over 2,500 signatures have
1060
UNION OF SOVIET SOCIALIST REPUBLICS
been forwarded to the Presidium of the Supreme Soviet. It was
reported that authorities forcibly broke up a number of
Ukrainian Catholic Christmas celebrations. Ukrainian Catholic
activist losip Terelya was permitted to emigrate to Canada
with his family in September. Persecution of Catholic
activists also continued. The homes of Lithuanian Catholics
involved in producing the Lithuanian Catholic Chronicle were
repeatedly searched and copies of the Chronicle confiscated.
Lithuanian Catholic priests Alfonsas Svarinskas and Sigitas
Tamkevicius remain in a labor camp.
Harassment of religious Jews decreased in 1987. A ritual bath
in Moscow's one Hasidic synagogue was restored by government
authorities who had destroyed it in 1987. Chairman of the
Council on Religious Affairs Konstantin Kharchev told U.S.
Rabbi David Hollander in May that six young Soviet Jews would
be permitted to study at rabbinical seminaries in the United
States, although this has not yet taken place. Small numbers
of Hebrew Bibles and prayer books provided by Western donors
appear to have reached Moscow in 1987. In general, however,
it remained next to impossible for religious Jews to obtain
Hebrew prayer books and other religious items. Although there
were reports toward year's end that Hebrew classes in one
locality were being tolerated, the teaching of Hebrew remains
illegal .
Although only a small number of mosques are open for use in
the Muslim regions of Central Asia and Azerbaijan, Islam
appears to retain a strong hold on the population. Unofficial
mullahs, who function without government permission, are the
subject of nearly constant pressure. Soviet press
condemnations of foreign (mostly Iranian) Islamic radio
broadcasts and continued jamming of these broadcasts reflect
considerable anxiety on the part of the authorities. Official
propaganda efforts are tailored to bolster atheism among the
Muslim peoples of the U.S.S.R. and advocate secular Soviet
ceremonies as substitutes for religious observances on the
occasion of births, marriages, and deaths. The unauthorized
printing and distribution of religious books continues to be
met with harsh punishment.
According to reliable Soviet dissident sources, there are at
least 17 Muslims imprisoned on religious grounds. At the end
of 1986 or beginning of 1987, a number of Muslims were
sentenced to prison terms, including 32-year-old Rajabali
Shaev, an unregistered mullah, who was sentenced to 3 years in
a labor camp under articles 142 and 227, and Akhmadkan
Azizkhodzaev, imam at Makhmud-Ishan mosque in Namangan,
Uzbekistan, who was sentenced to 5 years' deprivation of
liberty for trading in religious literature and posters
depicting Mecca.
Very small religious groups were not immune to severe
pressure. Harassment, arrests, and trials of Hare Krishna
followers in the Baltic area, Ukraine, the R.S.F.S.R., and the
Caucasus continued. One Hare Krishna follower remained in a
mental institution and several in labor camps. It became
known in 1987 that Krishna follower Znamkochyan was forcibly
confined to a Yerevan Mental Institution in November 1986 and
died after 5 days of treatment with haloperidol and tizerzine.
Armenian television in June 1987 reported that he had died
after a hunger strike. Lev Chernyak was detained, beaten, and
in August sentenced to 15 days. A Krishna demonstration in
Moscow August 29 was broken up by the militia, who detained
about 50 of the approximately 100 Hare Krishna followers who
1061
UNION OF SOVIST SOCIALIST REPUBLICS
were demanding the release of imprisoned coreligionists and
the registration of their group as a religious congregation.
A number of demonstrators were severely beaten.
The authorities exert wide-ranging pressure, including through
the official media, to discourage religious belief in general
among its citizens. The Communist Party is, according to its
rules, an atheistic organization. Membership in the party,
considered incompatible with religious belief, is in effect a
requirement for advancement to most positions of authority or
prestige in the country. Thus the authorities have virtually
excluded practicing believers from attractive educational
opportunities and desirable careers. At the same time,
Ukrainian Catholic, Lithuanian Catholic, and Baptist
unofficial journals continue to be repressed. The number of
sacred books, such as the Bible or the Koran, which may be
printed or imported is strictly limited, although Soviet
officials announced 100,000 Baptist Bibles would be imported
in 1987. Non-Russian language Bibles are in particularly
short supply. The number of clergymen and places of worship
today is only a small fraction of the number which existed
before the October 1917 revolution. At the same time, Soviet
officials recognize that up to 70 million Soviet citizens
adhere to some religion.
e. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement is neither assured by law nor respected in
practice. Although citizens are generally free to move about
within the country, travel in certain areas (e.g., frontier
regions or areas of military significance) requires special
permission. All adults are issued identity documents or
internal passports, which must be carried on their person
during travel and used to register visits of more than 3 days
with the local authorities. Approximately 20 percent of
Soviet territory is formally closed to travel by foreigners,
and except for major urban centers most of the remaining
territory is in practice difficult to visit or inaccessible.
The right to choose one's place of residence, although
formally provided for by law, is subject to restrictions.
Everyone is required to register his or her place of
residence. The authorities limit the number of residence
permits in an increasing number of large cities, including
Moscow, Leningrad, and Kiev, where housing is at a premium.
An unpublished directive issued by the U.S.S.R. Council of
Ministers in August 1985 (the text became available from
unofficial sources in 1986) excludes citizens convicted of
certain offenses, including all the "political" articles of
the criminal code, from residing in Moscow unless the person
has been pardoned or granted amnesty. Its apparent purpose
was to reduce contacts between released activists and either
other Soviet human rights activists or foreigners resident in
Moscow. A number of recently released prisoners, including
Aleksandr Ogorodnikov and Vasiliy Barats, have not been given
residence permits in Moscow because of this directive. They
have been repeatedly harassed and threatened with prosecution.
Barats and his wife were finally expelled by force from
Moscow. Many recently freed prisoners of conscience are
compelled to live with others and are not able to work.
1062
UNION OF SOVIET SOCIALIST REPUBLICS
To travel abroad, Soviet citizens must have a passport for
foreign travel and an exit visa specifying the precise
destination for each trip. In 1987 the amount of travel both
on officially sponsored trips (for business, academic exchange,
or plain tourism) and on private visits has increased
significantly — in the case of private visits to the United
States, from 1,981 in 1986 to 5,764 in 1987. However, while
Soviet authorities claim that they are encouraging those who
have the time off from work and the financial resources to
travel to the West to visit relatives or friends, permission
to travel abroad remains difficult to obtain. Lengthy
formalities, an unresponsive bureaucratic infrastructure, and
arbitrary denials for reasons of security continue to
discourage many from attempting a private trip. In one
instance, a 67-year-old Ukrainian woman who was told she would
be permitted to travel to the United States to visit her
husband, from whom she had been separated since World War II,
was arrested and sentenced to 3 years' "deprivation of
freedom." Prohibitive costs and the Soviet Union's lack of a
convertible currency also ensures that travel will continue to
be restricted for most ordinary persons.
The right to emigrate is restricted, as Soviet law does not
recognize the right of citizens to emigrate by choice. The
Soviet Union has signed the Helsinki Final Act and has thereby
agreed to act in conformity with the Universal Declaration of
Human Rights, which states that, "Everyone has the right to
leave any country, including his own." However, the Soviet
system continues to restrict emigration (with very few
exceptions) to those citizens desiring family reunification
with immediate relatives abroad, and even those with immediate
relatives abroad are often not permitted to emigrate. The
entry-exit regulations which came into effect on January 1,
1987, codify this restriction, although during 1987 many
longtime refuseniks were permitted to emigrate without regard
to this requirement. A number of political prisoners released
in 1987 were given the option of emigrating, or were forced to
emigrate, although they had no claim to family reunification.
Other barriers to emigration are the requirement that family
members sign forms on financial liability for their
children — meaning that they may refuse to release an adult
child from financial or moral commitments--and the widespread
use of alleged "knowledge of state secrets" to deny
emigration, even though the person never had access to state
secrets or had not been involved in security-related matters
for more than a decade.
Many Jews have waited in vain for 10 years or longer for
permission to emigrate. Official Israeli sources estimate
that there are approximately 370,000 Soviet Jews who have
requested the letters of invitation (vyzovs) necessary to
apply to emigrate, and that many more Jews would eventually
leave if emigration restrictions were lifted. However, a
variety of administrative and extralegal sanctions, including
loss of employment, harassment, social ostracism, and long
delays, dissuade many Jews from even attempting to submit an
emigration application.
Jewish emigration in 1987 totaled 8,155, up substantially from
914 in 1986, and the highest yearly total since 1981, when
9,447 Jews emigrated. During the 1970"s, however, over 2,000
Jews per month were permitted to depart. In the peak year of
1979, 51,320 emigrated. A number of longtime prominent
refuseniks received exit permission, including Vladimir and
Mariya Slepak and Ida Nudel. Many longtime refuseniks
1063
UNION OF SOVIET SOCIALIST REPUBLICS
continued to be refused on grounds of security, however. The
Supreme Soviet Presidium reportedly formed a commission to
review security refusals, and a number of Soviet Jews,
previously refused on security grounds, have been permitted to
emigrate. Repeated refusenik requests for names of commission
members or appointments with the Commission have been rebuffed,
however, leading to some public skepticism about the
Commission. Over 14,000 Germans and over 3,000 Armenians left
the U.S.S.R. in 1987. About 5,000 additional Armenians
received exit permission but had not yet departed. These
figures represent a sizable increase over the 1986 figures of
793 Germans and 247 Armenians and are higher than figures for
the peak years of the late 1970's and early 1980's. Soviet
authorities in 1987 resolved a significant number of divided
family cases affecting the United States, France, the United
Kingdom, and Australia. Currently, 106 Soviet families,
numbering about 450 individuals, are on a United States
government list of families who are actively seeking to join
relatives in the United States and who have been refused exit
permission by the Soviet Government. Of 12 cases on the U.S.
list of separated spouses at the beginning of 1987, 9 were
resolved during the course of the year, while no new cases
were added. There were four "blocked-marriage" cases on the
representation list at the beginning of the year, three were
added and four resolved. At least 17 U.S. citizens, who also
hold Soviet citizenship and who are living in the Soviet
Union, are still being denied permission to emigrate, several
of them for many decades. Seven other dual nationals received
permission to leave in 1987.
In 1987 there was evidence that Soviet authorities had
departed from their previous practice of refusing most
emigrants the right to return to the U.S.S.R. Since the end
of 1986, at least 250 Soviet emigres have returned permanently
to the U.S.S.R., and Soviet officials indicated that at least
that number of cases were being considered for repatriation.
During 1987 a significant number of Soviet citizens residing
abroad permanently as well as former Soviet citizens were
permitted to return on short family visits, many of whom had
previously been denied permission to visit. Some, however,
continue to be denied visas to visit the Soviet Union,
including those denied emergency visas to return for funerals
or to visit seriously ill relatives or experienced long delays
in receiving these visas, although according to the regulations
on entry and exit they are to be granted within 3 days.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Soviet citizens are not free to change the system of
government. Ultimate political power is vested in the
Communist Party, which is a self-selecting, self-perpetuating
hierarchy controlling virtually every element of political
expression at all levels. The Constitution provides that the
party is the "leading and guiding force of Soviet society and
the nucleus of its political system, of all state organizations
and public organizations." Ordinary citizens have little
opportunity to influence the actions of the party. Actual
power within the party flows from the top (the General
Secretary, the Politburo, and the Secretariat), thus allowing
relatively small groups of party officials and leaders to
control the decisions of subordinate bodies. Elections to the
Supreme Soviet (parliament) are based on a single list of
party-approved candidates and are therefore a formality. This
1064
UNION OF SOVIET SOCIALIST REPUBLICS
system continues to obstruct the individual initiative that
General Secretary Gorbachev is now seeking in his efforts at
perestroyka and gives opponents of perestroyka the power to
resist change. This situation has led to calls for electoral
reform, including secret balloting and multiple-candidate
elections. Some local government organizations (the "Soviets")
and enterprises have already introduced multiple- candidate
elections. Preliminary reports indicate that many candidates
are handpicked by the body's leadership (by management in
factories), and voting is public.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government contends that all internationally recognized
human rights are fully protected. Soviet authorities have
adopted a more forthcoming approach to foreign criticism of
their human rights record, acknowledging problems and stating
their desire to make their society more "humane." While they
have also acknowledged that the human rights situation in the
U.S.S.R. is subject to discussion in official bilateral
contacts, they continue to insist that these are internal
political problems, and they have not permitted foreigners to
investigate the status of human rights in the U.S.S.R. The
Soviet Government did extend an invitation to several members
of the International Helsinki Watch organization late in 1987
to visit the Soviet Union, and they arrived in January 1988.
International human rights organizations such as Amnesty
International have frequently addressed communications to the
Government concerning human rights, but the authorities have
declined to reply in a substantive manner. The authorities
have suppressed the Moscow chapter of Amnesty International
and published attacks on the organization (including in 1987),
alleging that it works with Western intelligence agencies
against the Soviet Government. On the other hand, authorities
did permit Helsinki Watch Executive Director Jeri Laber to
attend the Moscow Book Fair after many previous refusals. The
Soviets also permitted a number of representatives of Western
nongovernmental organizations to attend the December
unofficial human rights seminar organized in Moscow by the
Press Club Glasnosf, but several key human rights activists
were refused a Soviet visa. Although the seminar, which
attracted over 400 Soviet and foreign participants, was not
broken up, the organizers were harassed, many potential
participants, including Vyacheslav Chornovil, Mihaylo Horyn,
Bohdan Hel ' , and Paruyr Hayrikyan, were forcibly prevented
from traveling to Moscow for the seminar, and Soviet
authorities purposely complicated the logistics. Soviet
officials have indicated willingness to permit nongovernmental
representatives to attend an official human rights conference
in Moscow, if one is held.
The Soviet Government has cooperated with the United States in
investigating allegations that war crimes were committed
during World War II by persons who are now citizens or
residents of the United States. It has permitted the U.S.
Government to take depositions from witnesses in the U.S.S.R.,
has submitted lists of alleged war criminals, and has provided
documentation for use in U.S. courts. There have been
complaints, however, of KGB interference in the depositions,
and possible disinformation in the lists.
1065
UNION OF SOVIET SOCIALIST REPUBLICS
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution provides for the equal status of individual
Soviet citizens, regardless of nationality, sex, or language.
In reality, the Soviet leadership manipulates these factors in
order to maintain control in the U.S.S.R. These factors,
along with social status, affect a citizen's opportunities
within Soviet society. Beyond that, there is pervasive
discrimination based on national origin, practiced both by
individuals and the Government.
The Soviets recognize more than 100 nationalities in the
U.S.S.R. Many ethnic groups have territorial and
administrative entities: the 15 Soviet republics, many of
which were formerly independent countries, represent some of
the largest and most developed of the nationalities. Despite
a professed commitment to the maintenance of national
identity, actual Soviet policy continues the program of
Russianization, which has taken on a variety of forms over the
years. While mass resettlement of entire ethnic groups is no
longer practiced (although resettled groups have in most cases
not been permitted to return to their original homelands),
assimilation is promoted through more subtle means. The
extent and effectiveness of this policy, implemented to
varying degrees in the different republics, is evident in most
aspects of everyday life, including government, language,
education, media, literature, economics, and even in the legal
system. Universities often accept students according to
unpublished quotas and thus influence careers and advancement
opportunities •
Some party and government positions traditionally have been
reserved for certain nationalities. For example, the Soviet
leadership has projected Slavic influence in non-Slavic areas
by reserving second secretary positions in republic and lower
level party organizations for Slavs while giving the first
secretary positions to a member of the indigenous ethnic
group. In December 1986, however, the Gorbachev administration
replaced the First Secretary of the Kazakhstan Communist Party
with a Russian. Nationalist demonstrations took place in the
republic's capital, Alma-ata. Official Kazakhstan sources
stated that up to 3,000 persons had demonstrated; 2 persons (1
student and 1 voluntary militia) were killed, and 200 wounded.
At least 13 persons were convicted in 1987 of crimes
associated with the demonstrations. Several persons were
convicted on charges of rioting, and in some instances,
additional charges. Their sentences were unusually harsh.
Some 2,000 additional people received various forms of
administrative punishment. Five workers were convicted of
"arousing national enmity" but were released because they
"repented." Their factory collective has responsibility for
punishment.
Heavy industry and overall investment remains
disproportionately targeted at areas within the R.S.F.S.R.
This policy has contributed to limited and uneven economic
growth in the non-Russian republics and required the import of
non-Russian labor, thereby forcing migration to the Russian
republic of minorities from other republics.
This migration speeds the process of Russianization as the
minorities are separated even from the limited cultural
institutions permitted in their native republics. The same
result has been accomplished in Estonia, Latvia, and
1066
UNION OF SOVIET SOCIALIST REPUBLICS
Lithuania, all of which h<ive relatively small populations, by
doing the reverse. There, the estsblishment o." Soviet
induRtr.'.es zni the accompanying influx of Slavic workers
during the past 40 years have reduced the proportion of the
indiger.o'is nationality in the total population to a
consido^sble extent.
Certain ethnic giOi.'.ps suffsr parcicularly harshly from Soviet
rep:Rt>3ion of human rights activists. The situation in the
Ukrainiar) Soviet Socialist Republic exemplifies the extent of
Ru3s lani/ation. In a 1987 article in Literaturna (Jkraina,
Ukraine's capital, Kiev, was reported to have only 34
UKrainian-lasiguaue schools, compared with 152 Russian-language
schools; in historically ir?.portant 7aporizhia, thare are 95
Russian -language schools and only one Ukrainian-language
school; in the cities of Donetsk, Voroshilovgrad, Nikolayev,
arid Chernigov, there are no Ukranian-langu^.ge schools at all.
Ukrainir-n history, culture, and religion are often ignored or
dlstor'-.ed. Russianizatioc is also apparent in the publishing
field; in a recent year, less than 3 percent of the books and
brochures published in the K.S.S.R. were in Ukrainian, an
insufficient number to serve the 19 percent of the Soviet
population living in the Ukrainian Soviet Socialist Republic.
The de^'filopment of the Ukrainian language (as wall as all
other non-Russian languages in the U.S.S.R.) has been further
stunted by the almost exclusive use of Russian for scientific
and technical publicationn .
Ihe Crimean Tatars, a Muslim minority forcibly transported
from their historic Crimean hoir.eiand to Uzbekiscan in 194 5,
contirje to seek repatriation despite tiarsh measures by Soviet
authorities. Tatar representative^ came to Moscow in June and
July to press fo*: reestabiishment of a Crimean Tatar autonomous
republic. Senior Soviet officials, including Politburo member
Andrey Gromyko, who is also Chairm.an of the Presidium of the
Supreme Soviet, and Politburo candidate member Pyotr Demicliev,
received Tatar representatives. On .July 9 a commission headed
by Gromyko was formed to examine the problem. The Tatars
demonstrated on or near Red Square on at least three occasions:
July 5. July 23, and July 25-26. T.he last occasion included
an attempted m.arch to Red Square, vjhich was blocked by Soviet
militia, who acted with restraint.
After a meeting v;ich Gromyko on July 27, the Tatars in Moscow,
numbering between 800-1,000, were forcibly returned to their
homes A subsidiary commission was established in Tashkent to
assist the Gromyko commission, but none of the Tatar leaders
who had been in Moscov; was permitted to participate. Regular
meetings and demonstrations have been held in a number of
cities with large Tatar populations. On September 8, the
official Tashkent commission reportedly sent to the Gromyko
commission the results of a poll of Tatars in Uzbekistan that
revealed republic-wide Tatar support for returning to the
Crim.ea and establishing an autonomous republic.
A protest march that was planned to leave Taman' on October 10
and arrive in Simferopol' in the Crimea October 18 (the day of
the formation of the Crimean Autonomous Republic) was prevented
by the authorities. A number of Soviet newspapers, including
Pravda Vostoka and Moscow News, criticized the attempted march.
However, the Soviet authorities in the Kuban and southern
Ukraine reportedly made some concessions to the Crimean
Tatars. Some from Central Asia were allowed to register in
Taman" (almost unprecedented) and Tatar-language schools,
papers, and a folklore troupe have reportedly been established.
1067
UNION OF SOVIET SOCIALIST REPUBLICS
Most minorities in the Soviet Union suffer official government
discrimination. Few ethnic minorities are seen in the highest
levels of nationwide organizations, academic, or governmental
bodies though they tend to dominate their own local
organizations, including at the republic level. Jews live for
the most part assimilated into Russian and Ukrainian cities
and towns but are largely absent from positions of leadership.
Government "anti-Zionist" campaigns have served to aggravate
anti-Semitism. Books such as Aleksandr Romanenko's "Class
Essence of Zionism," which appeared in bookstores in January
1987, put forward a crudely anti-Semitic line; in a country in
which all publishers are government controlled and censored,
this can only be interpreted as government condoned.
Unpublished quotas have restricted Jewish entry into
institutions of higher education; these quotas became
especially restrictive after large numbers of Jews began to
emigrate in the 1970 's. Closing off avenues to higher
education effectively closed off professional careers for many
Jews. At the same time, Soviet authorities took some steps
against anti-Semitism. In the past, Soviet authorities
generally have denied that anti-Semitism existed at all; this
year Gorbachev appealed at the January Central Committee
plenum to repulse all manifestations of anti-Semitism, and
Soviet newspapers, including Izvestiya, Sovetskaya Kultura,
and Komsomol ' skaya Pravda carried articles strongly critical
of anti-Semitism. The Russian nationalist "Pamyaf" society,
some of whose members have made anti-Semitic remarks, was
attacked by some government leaders and in the press, though
it was rumored that some Russian officials supported its
goals. Restrictions on Jewish entry to institutions of higher
education reportedly were eased in 1987.
All imprisoned Hebrew teachers were released this year, some
ahead of schedule and others at the end of their terms. Those
released included Yuliy Edel'shtein, Vladimir Lifshits, Leonid
Vol'vovskiy, losef Zisels (also a member of the Ukrainian
Helsinki Group, and Aleksey Magarik. Hebrew teaching generally
remains forbidden, however.
There were increasing numbers of demonstrations and public
appeals by refuseniks; some resulted in detentions, beatings,
and press vilification. On September 13, a demonstration
against anti-Semitism was prevented by the detention of 18
Moscow Jews. A demonstration on December 6 by refuseniks was
disrupted.
Women normally enjoy the same legal rights as men and are
nominally accorded the right to participate in all areas of
the social, political, and economic life of the Soviet Union,
An extensive system of day-care service and maternity leave
benefits enhances the ability of women to retain employment.
Virtually all women have no choice but to work both inside and
outside the home, with women bearing the main brunt of the
hardship of daily life, such as waiting in long lines for food
products. Women hold a disproportionate percentage of
low-level jobs, such as street-sweeping. The difficulty of
women's lives in the Soviet Union has begun to be discussed in
the Soviet press. Men occupy the great majority of leading
positions in most professions, especially politics. At
present, 12 of 307 full members of the Central Committee of
the Soviet Communist Party are women, and for the first time
in two decades a woman was appointed a Secretary of the
Central Committee.
1068
UNION OF SOVIET SOCIALIST REPUBLICS
Most members of the Soviet elite (the party, the military, the
diplomatic service, the scientific-technical intelligentsia,
and the cultural and sports establishments) are shielded to
various degrees from social and economic hardships. They have
greater access than the average Soviet to quality food and
consumer goods, special medical facilities, the best schools,
foreign travel, automobiles, country houses, and paid
vacations at choice resorts.
CONDITIONS OF LABOR
The statutory minimum age for employment of children in 1986
was 16, and the standard workweek was 40 hours. There is no
indication of widespread violation of these norms. The minimum
wage was set at $112 per m.onth at the official rate of
exchange. According to the latest Soviet official data, the
average wage is about $272 per month. Soviet law establishes
minimum conditions of health and safety. According to the
Soviet press, the laws on maximum hours of work and health and
safety standards are v/idely ignored.
1069
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
The United Kingdom (U.K.) is a constitutional monarchy, with
government based on a multiparty, parliamentary democracy. As
there is no written constitution, human rights are "residual,"
i.e., assumed unless limited by statute. Human rights
traditionally have been respected and guarded by the British
people and their elected governments. The U.K. is a party to
the European Convention on Human Rights and has accepted the
jurisdiction of the European Court of Human Rights over cases
of alleged human rights violations.
The United Kingdom has a highly developed industrial economy.
Persons may own property and pursue their economic interests,
and the population benefits from a comprehensive social
welfare program. British law bars discrimination on the basis
of race, religion, sex, or political opinion.
Although the United Kingdom has a long tradition of respect
for human rights, terrorist activity and sectarian violence in
and related to Northern Ireland has, from time to time, put
that tradition to the test. Accordingly, while public safety
in Great Britain is maintained by a civilian police force,
army units back up armed elements of the Royal Ulster
Constabulary (RUC) in Northern Ireland.
On November 15, 1985, the British and Irish Governments
concluded the Anglo-Irish Agreement. The Agreement affirms
that the status of Northern Ireland will remain unchanged
unless a majority in the North decide otherwise and provides
for an Intergovernmental Conference in which the Irish
Government can advance its views on some aspects of Northern
Ireland and North/South affairs. The Agreement also envisages
that the Conference will enhance cooperation between the
security forces of Northern Ireland and the Irish Republic.
Although intended to safeguard the rights and identities of
both communities in Northern Ireland, the Agreement has met
with opposition, and paramilitary groups on both sides have
continued their campaigns of violence. Reacting against the
agreement. Unionist members of Parliament withdrew from the
House of Commons. Other Unionists turned to strikes,
boycotts, and suspension of work in local councils and the
Northern Ireland Assembly. In July 1986, the Secretary of
State for Northern Ireland halted all work before the end of
the Assembly's session. No new elections have been
scheduled. Following the 1987 parliamentary elections.
Unionist politicians dropped their boycott of the House of
Commons, and Unionist leaders entered into talks with
government officials.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The British Government does not practice or condone killing
for political motives.
The Government reported that, during the first 9 months of
1987, 63 persons were killed by terrorists in incidents
related to Northern Ireland. Twenty-five were members of the
security forces. In May 1987, security forces killed eight
armed members of the Provisional Irish Republican Army (PIRA)
1070
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
who were attacking a police station in Loughgall. A civilian
was accidentally killed in this battle, making a total of nine
people killed by the security forces in 1987. Since 1969,
2,597 persons have died in violence related to Northern
Ireland.
Security forces in Northern Ireland continue the controversial
use of plastic baton rounds (PBR's or plastic bullets) for
riot control. In recent years, 16 people have been killed by
PBR's--over half of them under 16 years of age. Only two have
been killed since 1932 and no one in 1987.
In 1984 the European Parliament passed a resolution calling
for a ban on PBR use in Northern Ireland. While acknowledging
the danger of PBR's, the British Government contends they are
less dangerous than live rounds. This view was supported in
October 1984 when the European Commission on Human Rights
dismissed as "manifestly ill-founded" a case involving PBR's,
ruling that their use was "acceptable" and "less dangerous
than alleged."
A number of fatal shootings beginning in 1982 involving
members of the RUC and the army gave rise to allegations
including those in Amnesty International's 1987 Report, that
the security forces in Northern Ireland practiced a
"shoot-to-kill" policy when dealing with suspected terrorists.
Investigation of these charges resulted in a report, not yet
made public, by West Yorkshire Chief Constable Colin Sampson
to the Director of Public Prosecution for consideration and
possible judicial action. The long delay in completing action
on the report has stimulated demands for an independent
judicial inquiry, as well as allegations of a cover-up by
senior police officers.
In April 1987, the Government announced a decision to draft,
publish, and bring into force a code of practice for the
exercise of emergency powers by the RUC and arm.ed forces in
Northern Ireland. The code, expected to be published soon,
will address the emergency powers available to the RUC and the
armed forces and how they should be exercised.
b. Disappearance
Government authorities do not abduct, secretly arrest, or hold
persons in clandestine confinement, nor do they sponsor or
condone such activities.
The Government reported that during 1987 over 50 persons were
abducted or illegally held hostage in terrorist and other
incidents related to Northern Ireland.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
British law forbids torture and other cruel, inhuman, or
degrading treatment of prisoners and provides penalties for
such abuse. Confessions obtained by such methods are not
admissible as evidence in court.
Government policy seeks to prevent abuse of prisoners. In
January 1986, the Government put into effect a new Code of
Practice for the police in Great Britain, with provisions for
disciplinary action.
1071
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
The Police (Northern Ireland) Order of 1987, which was
approved by Parliament in May 1987, provides for reform of
police complaints procedures in Northern Ireland broadly in
line with changes which were introduced in England and Wales
in 1985. The new procedures are expected to go into effect in
1988 with the establishment of the Independent Commission for
Police Complaints. The new commission will have powers to
approve officers, including those drawn from other police
forces in the United Kingdom, to investigate complaints. In
1987 there were no substantiated charges of mistreatment of
arrestees during interrogation in Northern Ireland.
The Government acknowledges that some old British prisons are
unsatisfactory and that many prisoners live in cramped,
unhygienic cells. To improve conditions, the Government has
embarked on a program to build 20 new prisons and to refurbish
existing ones.
In Northern Ireland, where 60 percent of the prisoners are
jailed for terrorist activities, prison conditions differ in
some respects from those in Great Britain. All prisons in the
province, except for the two centers for young offenders, are
maximum-security institutions. This often forces low-risk
common criminals in Northern Ireland to serve their sentences
under maximum-security conditions. On the other hand.
Northern Ireland prisons are generally more modern — five of
Northern Ireland's seven prisons have been built since
1970 — than those in Great Britain. Northern Ireland prisoners
also have visitation, mail, and clothing privileges not
available to those in mainland prisons. In the last several
years, two new prisons with an extensive range of educational
and training facilities have been opened, and the old prison
in Armagh was closed. Community service programs for certain
offenders as an alternative to prison have been very
successful. Northern Ireland's prison population grew by less
than 1 percent in 1987.
Complaints continue about "strip searching," particularly of
women, in Northern Ireland prisons, and Amnesty International,
in its 1987 Report covering 1986, urged the Government to
reconsider its policy. These searches involve a visual
inspection conducted in special cubicles by female officers.
Body cavity searches are not performed. Strip searching is
routine for prisoners on first committal and final discharge
and when making home visits. It is conducted on a random
basis for prisoners making court appearances or leaving the
prison temporarily for any reason. Since prisoners who are on
remand (awaiting trial) are brought to court every 8 to 28
days, they face the possibility of more frequent strip
searching than those who are sentenced. The Standing Advisory
Commission on Human Rights determined that strip searches
remain necessary to protect the well-being of guards,
prisoners, and the community at large. But the commission
also stated that strip searching is conducted too frequently.
All visitors to prisons, including government officials, are
subject to a "rub-down search." This involves an officer
passing his or her hands over the visitor's clothing.
Visitors are not strip-searched. Strip searching is also
conducted at prisons located in other parts of the United
Kingdom.
Britain has ratified the Council of Europe Convention on the
Transfer of Sentenced Persons, by which prisoners may be sent
to their home countries to serve their sentences. Within the
United Kingdom, convicts are almost always required to serve
1072
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
their piison time in the gpneral region where the crime was
committed. Transfers can, however, be requested. Prisoners
from Northern Ireland, for example, who are serving time in
Great Britain can apply for transfer to Northern Ireland to
serve their sentences closer to their families. Several such
requests were approved in 1987.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
British law gives the police broad discretionary powers to
make arrests without warrant based on reasonable cause.
Procedures for bail, judicial determination of the legality of
detention, and suits for false imprisonment are routinely
uti lized.
Persons arrested without a warrant must be released on bail if
they cannot be brought before a magistrate's court within 24
hours. Generally, persons charged with nonserious offenses
can be released on bail. However, in some cases where the
alleged offense is deemed serious, magistrates have repeatedly
remanded persons for periods totaling up to 18 months before
trial. In 1987 some 11,000 persons (roughly 20 percent of the
prison population) were on remand. The average length of time
between first remand and trial in scheduled cases in Northern
Ireland declined steadily between 1984 and 1987, and the
Emergency Provisions Act of 1987 gave the Secretary of State
for Northern Ireland authority to specify maximum time limits
for particular pretrial stages; this authority has not yet
been utilized. The Home Secretary announced in late 1987 his
intention to consider a similar system to help limit time on
remand for detainees in England and Wales.
British common law allows for the restriction of personal
liberties by the Government in an emergency situation, subject
to review by Parliament. Acting on the premise that the
fundamental "right to life" has been in serious jeopardy due
to the violence in Northern Ireland, the Government has
adopted the Northern Ireland (Emergency Provisions) Acts of
1978 and 1987, which are applicable only to Northern Ireland;
and the Prevention of Terrorism (Temporary Provisions) Act of
1984 (originally enacted in 1976), almost all of which is
applicable to the entire United Kingdom. Although both these
acts permit the restriction of personal liberties, they are
subject to parliamentary review and to mandatory renewal at
frequent intervals. In addition. Lord Colville was appointed
in 1987 to provide Parliament with an annual independent
assessment of the operation of the acts.
The 1984 Prevention of Terrorism Act allows the police to
arrest without warrant persons anywhere in the United Kingdom
whom they reasonably suspect to be involved in terrorism.
Such persons may be detained for up to 48 hours without
judicial review and up to a further 5 days on the authority of
the Home Secretary. In recent years, the powers of the Act
have been used when persons were suspected of acts of terrorism
related to Northern Ireland, India, and the Middle East.
In September 1987, the European Commission on Human Rights
recommended that, in the case of two man detained in 1984
under the Prevention of Terrorism Act's 7-day maximum
detention period, the British Government respond to charges it
had violated the requirement contained in the European
Convention on Human Rights that a person should be brought
"promptly to court." The Government quickly announced its
1073
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
intention to contest the Commission's findings before the
European Court of Human Rights.
Under the Northern Ireland Emergency Provisions Act of 1978,
the R.U.C., for the purpose of arresting anyone under the
Prevention of Terrorism Act, may enter and search without a
warrant any place where that person is or where the police
reasonably suspect him of being, and may detain such persons
for up to 72 hours on their own authority. The Act provides
similar authority in connection with the arrest of persons
suspected of having committed, or being about to commit, a
"scheduled" offense (i.e., one listed on a schedule attached
to the law). Also under this Act, members of the armed forces
on duty may arrest without a warrant any person suspected of
having committed or being about to commit any offense. Such
persons can be held for up to 4 hours, after which they must
be transferred to police custody or released. Allegations
that these limits have been exceeded by the police or the
armed forces have not been substantiated.
In Northern Ireland, pursuant to the provisions of the
Prevention of Terrorism Act and the Emergency Provisions Act,
arrested persons have the right to a lawyer after 48 hours in
detention. Some human rights activists charge, however, that
the 48-hour rule is not always followed.
An independent review of the 1978 Emergency Provisions Act by
Sir George Baker, published in April 1984, concluded that its
provisions were still necessary. The 1987 act implemented a
number of Baker's recommendations and provided further rights
and safeguards for persons detained under emergency
legislation. On the authority of a senior police officer and
if specified conditions are met, the exercise of these rights
may be delayed for a maximum of 48 hours.
British legal practice provides for the indeterminate
detention of minors convicted of murder. In Northern Ireland,
where public attention has focused particularly on this issue,
there are 41 persons serving such sentences.
There is no forced or compulsory labor.
e. Denial of Fair Public Trial
Fair trial is guaranteed by law and observed in practice. All
criminal proceedings must be conducted in public, with the
exception of juvenile court cases and cases involving public
decency or security. In a trial on charges under the Official
Secrets Act, the court may be closed at the judge's discretion,
but the sentence must be passed in public. A national
independent prosecution service was established in 1985,
extending to England and Wales a system introduced to Northern
Ireland in 1972, which provides greater consistency in
determining which cases are to be prosecuted.
Juries hear all cases not covered by antiterrorist legislation;
these constitute the majority of criminal cases. In Northern
Ireland, the right to trial by jury was suspended for certain
terrorist-related offenses because the possibility of the
intimidation of witnesses and juries raised serious questions
about the ability of juries to render impartial verdicts. The
nonjury ("Diplock") courts were established by legislation in
1973 as a means of dealing with terrorist activity in Northern
Ireland. The Government remains committed to the use of jury
trials whenever possible, and the 1987 Emergency Provisions
1074
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Act gives the Lord Chancellor the power to determine if
specific "scheduled offense" cases can be heard outside the
Diplock system.
Persons convicted by a Diplock court have an automatic right
of appeal of conviction or sentence to a thre.3- judge Court of
Appeals, a right not granted to defendants tried before a
judge and jury. Historically, the rate of conviction in
Diplock courts of defendants who have pleaded not guilty is
similar to that of defendants tried before juries. Judges in
Diplock courts must publish written explanations of their
decisions. Nonetheless, there is support for a court system
in which three judges (instead of one) would preside over
trials when a jury trial is deeir.ed impossible. The Standing
Advisory Commission on Human Rights has endorsed a change to a
three-judge system, coupled with a sizable reduction in the
number of cases heard by Diplock courts.
The recent reversals on appeal of se/eral convictions in
earlier terrorism cases have limited the Government's ability
to obtain convictions based on un.:or rooorated evidence by
convicted terrorists ("supergrasses"). Although there were no
"supergrass" trials in 1986 or 1987, the issue remains
controversial. The evidence of an accomplice has always been
adm.issible in British courts, but in nonjury courts the judge
alone must decide whether the evidence of the "supergrass" is
credible, bearing in mind the danger of convicting on
uncorroborated evidence. The British Government continues to
maintain that the use of " supergrass" testimony is important
in the legal fight against terrorism. Critics assert such
testimony places too great an empl'asis on assessing the
credibility of a single witness.
The Criminal Law Jurisdictions Act, enacted by both the
British Government (1975) and the Irish Government (1976),
permits trial in the Republic of Ireland, in Northern Ireland,
or in Britain of those accused of certain terrorist offenses,
regardless of where the offense was committed.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right of privacy is well respected in both law and custom.
Warrants are generally required for a police search of private
premises. However, under the Northern Ireland (Emergency
Provisions) Act of 1978, any member of the armed forces on
duty or any constable may enter any premises or other place,
if he or she considers it necessary to do so to preserve peace
or maintain order. Changes in the 1987 Emergency Provisions
Act now require a standard of "reasonable grounds of suspicion'
before a dwelling can be entered.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Strongly held tradition, an independent press, and a
democratic political system combine to secure freedom of
speech and press. Viewpoints independent and critical of the
Government are well represented.
Controversy swirled throughout J987 over the Government's use
of the Official Secrets Act to prevent publication of
"Spycatcher , " the memoirs of former U.K. intelligence officer
1075
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Peter Wright, and to halt the broadcast of a television
program giving details of an alleged classified government
satellite. The issue highlighted the problem faced by many
democratic governments in determining where freedom of the
press ends and protection of national security begins. The
issue was exacerbated by the ready availability in Britain of
copies of "Spycatcher" published abroad, which were allowed to
enter the United Kingdom without restriction.
b. Freedom of Peaceful Assembly and Association
Except in cases of extreme civil disorder, in which public
safety is judged to be at risk, the authorities do not exercise
their statutory right to limit the freedom of public assembly.
However, some critics believe that the 1986 public order law
gives police too much discretion to restrict public assembly.
The Prevention of Terrorism Act of 1984 and the Northern
Ireland (Emergency Provisions) Act of 1978 include sections
prohibiting membership in, or support of, organizations
(Loyalist and Republican) involved in terrorism. These
organizations are specifically listed in the statutes. The
lists do not include political parties, even those, such as
the Provisional Sinn Fein, which have close links to terrorist
paramilitary organizations and openly support violence.
The summer "marching season" in Northern Ireland presents
special problems. Because these Unionist marches commemorate
the traditions of opposing sectarian communities, they are
controversial and can be a source of public disorder. The RUC
must be notified of all marches and may impose conditions,
including rerouting, on the organizers. Although the Unionist
community threatened to defy new laws regulating marches and
processions, the 1987 marching season saw a noticeable
reduction in violence, compared to recent years.
British trade unions have immunities from prosecution for
normal union activities involving the right to organize,
bargain collectively, and strike on behalf of their own
members. These are derived from common law rather than
statute. The Employment Act of 1980, however, makes unions
liable under civil law for losses resulting from "sympathy"
strikes. In the rare instance where the right to strike is
prohibited, e.g., for police officers, there are other means
to resolve labor differences.
The Government does not control, intimidate, harass, or
persecute unions and other associations, nor does it limit in
any way their freedom to maintain relations with recognized
international bodies. However, in 1984 the Government
prohibited continued trade union membership for public
employees at its highly sensitive communications headquarters
in Cheltenham on grounds of national security. The ban was
first overturned and then upheld in the courts. Complaints
concerning the Government's ban were rejected in January 1987
by the European Commission on Human Rights which found that
the ban could be justified on national security grounds.
c. Freedom of Religion
Government policy and general practice ensure freedom of
religion to all residents. While both England and Scotland
have established churches, the State makes no direct financial
contribution to them, and their existence does not limit the
freedom or access to public life of members of other
1076
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
churches. The Government does, however, provide funds for
church schools throughout the country.
In Northern Ireland, the Constitution Act of 1973 specifically
prohibits discrimination on the basis of religious belief or
political opinion.
There is no religious or denominational bar to the holding of
public office except in the case of the Sovereign, who must be
a member of the Church of England.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
In general, U.K. citizens enjoy freedom of movement within the
country and in foreign travel, emigration, and repatriation.
The Prevention of Terrorism Act of 1984 includes one exception
to this general principle. The Act gives the Home Secretary
the authority to exclude or prevent from entering mainland
Britain anyone he believes may be connected with terrorism
related to Northern Ireland, unless that person was born in
Great Britain or has been ordinarily resident there for 3
years. Similar authority is granted to the Secretary of State
for Northern Ireland to exclude persons not native to or
resident in that province. Only one person has deen excluded
under this law since 1984. Nevertheless, these powers have
been referred to by many, including the National Council for
Civil Liberties, as a system of internal exile.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The United Kingdom is ruled by a government formed on the
basis of a majority of seats in the House of Commons won in
freely contested elections held at intervals not longer than
5 years. Participation in the political process is open to
all persons and parties, of which there are several,
representing a broad range of political views.
For parliamentary and local elections, all citizens 18 years
of age and over have the franchise. Women have full rights of
participation and are represented at all levels of British
life.
Racial minorities comprise about 5 percent of the total
population. There are several nonwhite members of Parliament,
and a number of nonvjnite Eritons have been ejected to local
government .
Section 4 Governmental Attitude Regarding iDtc^rnational and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Gcverpment generally maintains an open attitude toward
international inquiries into alleged violations of human
rights in the United Kingoom. It cooperates fully with the
European Commission on Human Rights in investigations of
comp]aints and has taken steps to rectify its own laws and
policies when they were found not to be in conformity with the
European Convention.
The United Kingdom is a party to several human rights
conventions, participates in international and regional human
rights bodies, and i? the host country to international
1077
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
nongovernmental human rights organizations, such as Amnesty-
International.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
British law bars discrimination on the basis of race, color,
or national or ethnic origin. However, statistical studies
have shown a black unemployment rate that is nearly double
that of whites, black concentration in manual jobs, and racial
discrimination in job recruitment. In 1984 a Code of Practice
on Employment, proposed by the Commission for Racial Equality
and accepted by the Government, took effect. Although the
code does not have the force of law, it is used as a standard
of good practice by industrial tribunals in racial
discrimination cases and serves as a guideline for firms in
eliminating all forms of discrimination.
Equal status and equal opportunity for women in professional
fields is also provided by law. Enforcement mechanisms have
been established, and progress toward women's equality is
visible in many areas, including government hiring. Still,
women have yet to achieve fully equal status. They hold
three-quarters of Britain's lowest paying jobs, and the
average female wage-earner takes home only three-quarters the
pay of her male counterpart (up from 63 percent in 1970).
Equal Opportunity Commissions were established in Great
Britain in 1975 and in Northern Ireland in 1976 to assist in
the enforcement of these laws.
Historically, in Northern Ireland, the majority Protestant
community has controlled much of the local economy and been
more prosperous than the Catholic community. The reasons for
this are complex and involve a long history of anti-Catholic
discrimination by Protestants.
Since 1972, when direct British rule was introduced in Northern
Ireland, specific measures have been taken to combat religious
discrimination against Catholics. These include: reform of
the electoral roll-s; prohibition of religious or political
discrimination by any level of government; establishment of a
Commissioner for Complaints to deal with grievances against
local government; appointment of a Central Housing Authority
to meet the problem of discrimination in housing; prohibition
of discrimination in employment; and a special effort to
recruit more Catholics into the civil service and the police.
In addition, the Standing Advisory Commission on Human Rights
was established in 1973 to monitor human rights. Since 1976
the Fair Employment Agency has served as the focal point of
the Government's efforts to end job discrimination. In July
1987, the Government announced a substantial increase in the
resources available to the Fair Employment Agency, and a
revised government guide to employment practice was issued in
September 1987 to prepare employers to comply with new equal
employment legislation currently under consideration in
Whitehall. Within the Northern Ireland civil service, the
proportion of Catholics reflects their proportion in the
overall population for those under age 35. In upper age
groups and in the security forces, Protestants still dominate.
PIRA assassinations and death threats have largely stymied
government efforts to recruit Catholics into the police force
and security-related fields. PIRA has carried out a terror
campaign not only against police officers but also against
persons who provide services to the security forces. For
1078
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
example, since 1973, 26 prison staff members have been
murdered while off duty, and in 1987 the PIRA murdered a man
who had been teaching prisoners.
CONDITIONS OF LABOR
Minors are allowed to do limited part-time work beginning at
age 14 and are considered adults for purposes of working hours
and conditions at age 16. Working conditions and hours for
minors are strictly regulated to ensure that a job does not
interfere with school.
Although Britain has no national minimum wage, about 43
percent of the work force belongs to labor unions that set
their wages with employers. Until recently, organized labor
resisted the setting of a national minimum wage. For workers
employed in hotel, restaurant, and services sectors where
union representation is minimal (about 10 percent of all
workers), wages councils comprising representatives of
management, labor, and the public set minimum wages and other
conditions of employment. The Government has abolished
minimum wages set by wages councils for persons under age 21.
Basic rights for all vjorkers, including white-collar
professionals, are covered by employment protection
legislation. Turn-of-the-century legislation limiting working
hours for women employed in most manufacturing occupations was
repealed in July 1986.
The unemployment rate in Northern Ireland is substantially
higher than that in the United Kingdom as a whole and
continues to be on average twice as high for the minority
Catholic population as for Protestants. The number of
manufacturing jobs in Belfast has dropped by about 50 percent
in the last 10 years. With few job openings in the private
sector, it has been difficult to make progress toward ensuring
that the work force mirrors the religious composition of the
community. The Government is trying to attract more
investment to the province and is subsidizing the economy
through public sector spending. Northern Ireland's shrinking
economy makes this a necessary part of ending discrimination.
The new International Fund, organized in support of the
Anglo-Irish Agreement, is expected to inject a certain amount
of capital into areas affected by violence and encourage job
creation.
Under the terms of the 1974 Health and Safety at Work Act, the
Health and Safety Executive enforces strict occupational
standards of health, safety, and working environment
conditions. The Health and Safety Commission, consisting of
management, labor, and public members, supervises the Health
and Safety Executive and can develop new codes and regulations
subject to government approval.
1079
YUGOSLAVIA
The Socialist Federal Republic of Yugoslavia is a multiethnic.
Federal state comprising six republics, one of which has two
autonomous provinces. The League of Communists of Yugoslavia
(Communist Party) is the only legal political party. The
ideology and practice of Yugoslav communism and workers'
self-management differ substantially from the centralized
Soviet model of Communist rule. In the highly decentralized
system set up by the late President Tito, Republic and
Provincial authorities wield power that the Federal Communist
bureaucracy has difficulty challenging. This system has
helped preserve stability among Yugoslavia's contentious
ethnic groups but has thus far thwarted effective leadership
at the national level.
State security and uniformed police are under the jurisdiction
of Federal and Republic secretariats for internal affairs.
Security and police forces are generally subject to, and
heedful of, overall direction from the political level,
although they operate with considerable independence.
In the economic system, workers' self-management theoretically
provides that the workers run their own enterprises through a
system of elected workers councils. In some Republics and
Provinces, however, local political officials exercise
considerable, and frequently decisive, influence over the
management of enterprises in areas under their jurisdiction.
Growth in 1987 in the largely decentralized Yugoslav economy
was broadly based, but the rate of inflation was well over 100
percent. The implementation of austerity and economic reform
programs adopted in earlier years has progressed slowly, and
the Federal Government is grappling with an uneven foreign
trade performance, a high level of hard currency debt, and the
perceived need to protect the Yugoslav living standard while
enforcing financial discipline. Nearly 85 percent of
agricultural land is privately owned, and there are a growing
number of private enterprises in services and small-scale
manufacturing, particularly in the Republics of Croatia and
Slovenia .
In 1987 Yugoslav society continued to evolve toward greater
openness, including more freedom of speech and the press.
There is relatively open debate on the implementation of
workers' self-management, the boundaries of permissible
political and cultural expression, and the functioning of the
political system. Some issues, however, appear to be so
sensitive that free speech is only partially tolerated.
Hence, Yugoslav officials, wary of historically rooted
separatist sentiments, have taken stern measures to repress
displays of what they term ethnic "nationalism."
Political decentralization has led to considerable differences
among the Republics and Provinces in their attitude toward and
respect for civil and political rights. The Republic of
Slovenia, for example, is notably more tolerant than other
Republics and Provinces. Slovenian officials in 1987 called
for repeal of Federal laws against "verbal crimes," i.e.,
those usually included under the rubric of "nationalism" or
"hostile propaganda." Slovenes have not arrested anyone on
such charges for more than a decade, although arrests and
convictions continue elsewhere in Yugoslavia. Slovenia also
openly tolerates unofficial political groups.
In other developments related to human rights, several mass
demonstrations occurred without incident in 1987, but police
1080
YUGOSLAVIA
in Macedonia used cattle prods to break up a protest about
water rights. Milovan Djilas, among other well-known
dissidents, received a passport for travel abroad. On the
other hand, confrontation between Serbs and ethnic Albanians,
especially in the Autonomous Province of Kosovo, continued to
generate outbursts of violence and many short prison sentences
on charges of "hostile propaganda" and other "political"
crimes. The death of four Yugoslav soldiers at the hands of
an ethnic Albanian recruit in September was officially
attributed to nationalist and anti-Yugoslav feeling.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reported instances of killing by government
forces. In the past, Serb-Albanian ethnic tensions in Kosovo
have resulted in violence and occasional fatalities. Attacks
by members of one nationality on the other continued at a
steady level in 1987. The ethnic Albanian draftee, who in
September killed four non-Albanians and wounded five others in
an army barracks in Serbia, was widely regarded as having been
motivated by nationalist, anti-Yugoslav sentiment.
b. Disappearance
No instances of prolonged or permanent disappearance were
reported .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although both Yugoslav law and the Constitution forbid
torture, various sources, including Amnesty International,
report that people are beaten, treated harshly, or threatened
during pretrial detention, while serving sentences, or while
being questioned as possible witnesses. In 1987 the press
reported on steps taken by the authorities to deal with
unwarranted use of force by police.
Extensive reports published in 1986 on the alleged abuse in
prison in recent years of the Croatian dissident Dobroslav
Paraga led to his trial in 1987 on charges of spreading false
information. He was found guilty and given a conditionally
suspended sentence. His subsequent appeal was denied. A
newspaper series on political prisoners revealed some abuses
but generally cast the Yugoslav penal system in a positive
light. Croatian officials have announced their intention to
close by 1989, for economic reasons, the Goli Otok island
prison, where prison staff allegedly have singled out
political prisoners for especially harsh treatment.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Yugoslav criminal procedures derive from Napoleonic law and
are generally followed in all, including political, cases.
Arrests are conducted pursuant to warrants, defendants are
usually brought before a judge within 24 hours of arrest,
there is a functioning system of bail, persons arrested for
political reasons are usually charged with specific sections
of the Criminal Code, and defendants have the right to
independent counsel. There are provisions for pretrial
1081
YUGOSLAVIA
detention. Persons charged for misdemeanors may be tried and
sentenced by administrative courts to up to 6 months in prison.
The Federal Criminal Code defines a number of criminal acts
generally referred to as political criminal acts. These
include such crimes as armed rebellion, terrorism, and
espionage, as well as some broad, imprecise categories as:
"hostile propaganda;" arousing national, racial and religious
hatred, dissension, or intolerance; and damaging the reputation
of Yugoslavia. In addition. Republican and Provincial criminal
codes cover a variety of misdemeanors considered political
crimes, including spreading of false rumors, and defaming the
peoples and nationalities of Yugoslavia.
With wide variations in local practice, authorities may bring
charges against those who make allegedly derogatory or
inflammatory ethnic statements. Such oral statements and
other forms of personal expression, e.g., painting slogans or
singing "nationalist" songs, may be grounds for criminal
prosecution; charges of disturbing the peace are sometimes
brought in such cases. During 1987 discussion continued in
the press and public about the desirability of eliminating
Federal legal provisions against so-called verbal crimes,
specifically "hostile propaganda." Slovenian party leaders
have openly called for repeal of these provisions.
Yugoslav law permits the arrest and imprisonment of Yugoslav
citizens for acts considered criminal offenses under Yugoslav
law, even when they are committed abroad and are not crimes in
the country in which they take place. Such cases are often
based on the expression of views "hostile" to the Yugoslav
regime or association with anti-Yugoslav emigre groups. One
such case occurred in 1987, involving a Yugoslav-Australian
dual national. He was released upon conviction and allowed to
return to Australia.
There were no reports of the practice of forced labor.
e. Denial of Fair Public Trial
Although ordinary criminal trials are almost always open to
the public, not all political trials are. Defendants have the
right to be present at their trials and to have an attorney,
at public expense if needed. Yugoslav political authorities
usually do not actively interfere in judicial proceedings
concerning political cases. In selected cases, however,
substantial evidence exists that government or party officials
have sought to orchestrate the trials of those charged with
political crimes. Some human rights organizations believe
that the outcome in political cases is predetermined. Other
observers, including critics of the Government, hold that the
courts have a measure of independence, particularly in
determining the length and type of sentences, if not innocence
or guilt.
Many persons accused of political offenses are able to find
capable, energetic counsel. Government authorities have
sometimes attempted to intimidate or chastise attorneys who
took political cases.
The precise number of political prisoners is difficult to
determine. Unofficial estimates place the figure between 500
and 1,000. Such estimates and official statistics generally
refer only to criminal sentences under Federal law, excluding
the many sentenced under Republic or Provincial laws on
1082
YUGOSLAVIA
political charges or for disturbing the peace through public
or other behavior considered politically unacceptable. On the
other hand, those sentenced may not necessarily be imprisoned.
In addition, a substantial percentage of those classified as
political prisoners may be persons who committed acts of
violence themselves or were involved in organizations which
committed crimes of violence aimed at undermining the present
regime.
According to official statistics, in 1986 there were 296
sentences imposed for political criminal acts. From 1981 to
1985, there were 1,652 persons sentenced for political crimes,
522 of them on charges of "hostile propaganda." Of the 1,652,
almost two-thirds were ethnic Albanians tried on charges
relating to alleged nationalism and separatism. In its 1987
Report, Amnesty International cited official statistics
indicating that 1,400 people, almost all ethnic Albanians,
were charged with political crimes in Kosovo between 1981 and
mid-1986, and a further 6,500 were summarily sentenced for
minor political offenses. Prison terms for such misdemeanors
may range up to 6 months. These sentences handed down by
Yugoslav authorities--primari ly local ethnic Albanian
officials in Kosovo--are meant to contain a perceived threat
to political stability posed by so-called irredentist or
separatist activity on the part of ethnic Albanian
"nationalists . "
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Yugoslav authorities are widely believed to interfere on
occasion in the private lives of citizens. Allegations of
such interference are most common from those citizens actively
engaged in nonofficial political activity. Although the
judicial system provides elaborate safeguards concerning
procedures for conducting searches, these safeguards are
sometimes ignored. Many Yugoslavs also believe that
authorities eavesdrop on conversations, read private mail, and
tap telephones. While Yugoslav citizens are generally free to
receive and read foreign publications, the publications of
certain Yugoslav emigre groups, particularly those advocating
the dissolution of the Yugoslav federation or the redrawing of
its internal political boundaries, are considered hostile in
themselves, and their importation, possession, or sale is
i llegal .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Yugoslavia continues its slow and halting movement toward
greater openness and freedom of speech and press. Both the
Yugoslav Constitution and Yugoslav law affirm these freedoms.
There is considerable latitude for disagreement with government
policy, and for commentary and criticism in the media and in
academic and quasi-official public forums so long as the
Government does not regard it as threatening national unity.
A few topics remain sensitive, such as Tito and his
leadership, the status of the Autonomous Province of Kosovo,
and tendentious interpretation of the history of and relations
between ethnic Serbs and ethnic Albanians. Although Tito
personally remains beyond criticism, the other topics were
debated quite openly during 1987. Press criticism of
government policies and proposals concerning domestic
political and economic issues is frequent and often sharp. At
1083
YUGOSLAVIA
times, press criticism sparks government charges of
irresponsibility and may result in the transfer of editors and
journalists from one publication to another. There is also
ample direct criticism of the Federal Cabinet and of the
League of Communists at all levels. Speculation about the
implication of the then-Vice President in a major financial
scandal probably contributed to his resignation in September.
Unprecedented calls for the resignation of the Prime Minister
for mishandling the economy began to appear in the press
during the last quarter of 1987.
Although both Yugoslav law and practice impose some
restrictions on freedom of the press and freedom to publish,
press autonomy has increased markedly in recent years.
Normally, neither the print nor broadcast media are censored
prior to dissemination. However, there were at least three
instances in 1987 in which bans were challenged on the grounds
that they were imposed prior to actual publication. One
journalist was arrested and charged with "disparaging
sociopolitical organizations" in an article which was never
published. He was released before his 45-day sentence was
completed. Government oversight of the media is carried out
through publication boards, which include ranking party
officials, and through editorial staff's use of self-
censorship. This type of control, however, is incomplete and
varies from Republic to Republic.
In 1987 the major publishing house in Belgrade, Politika,
proved to be the battleground for important struggles among
government and party leaders for influence over editorial
policy and news content. The Slovenian Youth Press continues
to discuss issues considered sensitive by most senior party
and government officials, such as civilian alternatives to
military service, political prisoners, and prison conditions.
A short-lived "Solidarity Fund", set up last year with the
stated intent of aiding journalists and others who might
suffer because of their political opinions, was denounced, as
were many of its adherents, when party officials concluded
that it had taken on a political cast and constituted an
attempt to organize an opposition political party.
Public prosecutors have the power to ban the publication and
sale of books or periodicals if judicial authorities hold that
the content is, for example, "false" and could "disturb" the
public. Banning of publications is often a local option, and
standards of what is acceptable vary throughout Yugoslavia.
In book publishing, the authorities generally provide only
loose political oversight. Police and prosecutors rarely
intervene. The works of Soviet and other Eastern European
dissidents are published in large press runs and sold widely.
Works by some authors, such as Milovan Djilas, have long been
banned, but there have been press reports that publication of
some of Djilas' writing is being considered.
In 1987, as the limits of official tolerance were tested,
certain publications were banned, including: one issue each
of the Slovenian Youth papers Katedra and Mladina, because of
articles critical of Yugoslav officials; the book "Plesci" by
a Roman Catholic priest, for its "Fascist" treatment of the
work of a literary figure; and "Society Under Suspicion" by
Milorad Vucelic, a collection of earlier published articles,
because of a new introductory text and a cover illustration
portraying Tito in a negative light. In November, however,
the Slovenian Supreme Court overturned the Katedra banning.
1084
YUGOSLAVIA
On the other hand, bans imposed at the end of 1985 on books by
historian Veselin Duretic ("The Allies and the Yugoslav War
Drama") and by dissident Vojislav Seselj ("Treason Trial")
were upheld after lengthy argument in the courts, and two
other books by Seselj were banned. An interview with Milovan
Djilas was held back by one Slovene youth magazine but later
carried in another. Infrequently, the importation and
distribution of a particular issue of a foreign publication
are banned, usually because of information about the regime
which the authorities consider false or hostile. There were
six such known cases in 1987.
Arrests and convictions for what are called "verbal crimes"
(most often on charges involving "nationalism" or "hostile
propaganda") continued in Kosovo Province at a significant
level. In Bosnia and Hercegovina, Miladin Nedic was convicted
in March and sentenced to 3 1/2 years in prison. Also in
Bosnia, three Moslems, Fadil Fadilpasic, Munib Zahiragic, and
Ibrahim Avdic were sentenced to 4 , 5, and 2 years'
imprisonment, respectively. In Croatia, a Zagreb court in
March sentenced Rastislav Vranic, an army captain, to 4 years
in prison. Slovenia, with no such arrests in more than a
decade, was the most notable exception.
b. Freedom of Peaceful Assembly and Association
Public political demonstrations are permitted only by official
organizations and generally only in support of government
policies. Others may be suppressed. Public gatherings and
meetings of private organizations are permitted but must be
registered beforehand with the authorities.
The year 1987 was witness to numerous instances of protest
rallies and mass demonstrations, most of them related to
events in ethnically troubled Kosovo Province which passed
without incident. Police use of nightsticks to control a
minor scuffle at one gathering of 15,000-20,000 Serbs in
Kosovo resulted in disciplinary measures taken against 6
police officials. In contrast, use of cattle prods by police
to break up a protest regarding water rights in southern
Macedonia (causing injury to 40 people, including minors) was
investigated but determined to have been justified, a finding
disputed by the participants in the protest.
The Serbian Writers' Association held a series of 15 meetings
on the theme "About Kosovo, For Kosovo." Although organized
as "literary evenings," the participants heatedly examined the
state of political events between ethnic Serbs and Albanians
in Kosovo.
The Socialist Youth Alliance of Slovenia actively promoted
public debate on issues such as nuclear energy, the concept of
civilian alternatives to military service, and political
reform, particularly of the system of leadership selection.
In the fall, the official Slovenian youth organization set up
a "political picnic" attended by 2,000-3,000 people, at which
the head of the Slovene Socialist Alliance fielded spontaneous
questions on a wide variety of political issues.
An academic conference on the theme "Possibilities for Reform
in Socialist States" was sponsored by the Center for Philosophy
and Social Theory in Belgrade in July with invitees from
outside Yugoslavia. Due to government pressures, it was
cancelled at virtually the last moment, possibly over concern
about the reactions of some Warsaw Pact governments.
1085
YUGOSLAVIA
Trade unions are organized geographically by Republic and
Province, and by trade within these boundaries. At the
Federal level, the trade union organization almost invariably
supports government policies while pleading that any negative
effects on workers be minimized. In practice, responding to
Yugoslavia's persistent economic difficulties, union leaders
are becoming more active in advocating worker interests on
such matters as the impact of inflation, the standard of
living, and wage policies. Under Yugoslavia's system of
workers' self-management, however, unions generally play a
relatively minor role in representing worker interests in the
management of enterprises, including the distribution and
levels of income, the determination of working conditions, the
settlement of disputes, and the conduct of strikes.
Despite the absence of direct union participation and support,
the number of strikes increased dramatically in 1987. In
November, the President of the Federal Trade Union announced
that during the first 11 months of 1987 Yugoslavia had
experienced a record 1,262 work stoppages involving some
196,000 workers, compared to 851 strikes involving 88,860
workers in all of 1986.
The application of temporary legislation aimed at holding down
wages was responsible for a large increase in the number of
the strikes during the first quarter. Striking workers at a
particular enterprise generally seek changes in either the
amount or distribution of personal income. Changes in
enterprise management are also frequently sought. In recent
years, strikes have been brief, most lasting 4 to 8 hours,
some a few days. In 1987 major strikes lasted much longer. A
34-day strike at the Labin coal mine in Croatia is thought to
represent a record for postwar Yugoslavia. A few strike
actions were organized and announced in advance rather than
taking place spontaneously. Public debate continues on
whether and how to regulate strike activity and on the role of
the trade unions in strike situations. The apparent anomaly
of labor strikes in a worker self-management system is central
to the discussion.
c. Freedom of Religion
There is no favored religion, and the Government officially
encourages atheism. Yugoslavia is a multireligious state.
Most Yugoslav believers are either Serbian Orthodox or Roman
Catholic, or adherents of the Islamic faith. Many Macedonians
belong to the Macedonian Orthodox Church, a church not
recognized by other Eastern Orthodox churches. Since World
War II, the Jewish community has numbered fewer than 10,000
persons. There is a small Protestant community which includes
fundamentalist denominations.
Although freedom to practice religion is cited in the
Constitution, public proselytizing through electronic media or
personal witnessing is forbidden. The religious communities
have vigorous publishing programs, although they do not have
their own printing facilities. Their publications are
normally sold only through subscription or at places of
worship. Bibles and Korans are readily available. Contacts
with coreligionists abroad are extensive and unhindered.
However, Yugoslav authorities regard ties between Yugoslav
Muslims and Islamic fundamentalist groups abroad with
suspicion .
1086
YUGOSLAVIA
The construction of new places of worship requires the consent
of local government authorities, which often presents
bureaucratic obstacles. Construction is continuing on the
Serbian Orthodox St. Sava Cathedral in Belgrade; the Zagreb
mosque opened in September after frequent delays (a number of
court cases concerning violation of building laws are still
pending); and agreement has been reached in principle on
construction of a new synagogue in Zagreb. However, it is
often difficult for religious organizations to obtain
permission to build churches in newly developed urban areas.
For example, efforts to purchase land to build places of
worship in the city of New Belgrade have been unsuccessful.
Several major religious events were celebrated in 1987. In
mid-September, the Ecumenical Patriarch of the Eastern
Orthodox Church visited Yugoslavia and was met by thousands of
people in the Republics of Serbia and Bosnia-Hercegovina . The
new mosque in Zagreb opened to a crowd of roughly 3,000.
Government officials participated in both these events.
Authorities continue to tolerate large-scale pilgrimages by
domestic and foreign visitors to Medjugorje, a village in
Bosnia-Hercegovina where the Virgin Mary is said to appear
regularly to several young people.
Religious believers are not subject to overt persecution. A
party member who is a religious believer and takes part
publicly in the sacraments of his or her church, however,
risks disciplinary action or expulsion from the party. Open
practice of one's faith is normally a disqualification for ■
high positions in government and business. Constraints on
occasional attendance at services and the religious
instruction of children vary from region to region. Primary
education outside the state system is not permitted in
Yugoslavia, but religious education at the secondary and
university level is allowed and exists for all major faiths.
Yugoslav religious communities also make vigorous efforts to
provide religious instruction outside of school for children
and young people. Prisoners and active duty military
personnel are not allowed to be visited by clergy or to attend
religious services. The Slovene Roman Catholic Bishops
Conference has suggested that the Yugoslav Government is
violating the International Agreement on Citizenship and
Citizen Rights by not permitting priests to administer the
sacraments to prisoners.
Conflicts between the State and religious communities develop
if the latter engage in what authorities consider
"nationalist" or political activities. The authorities have
frequently criticized the Catholic Church in Yugoslavia for
alleged support of Croatian nationalism and political
activism, and the Serbian Orthodox Church similarly for
Serbian nationalism. Criticism of the Islamic clergy for
encouraging Albanian nationalism and separatism has begun to
appear in Macedonia.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within the country is provided for by the
Constitution and permitted in practice. There is a prevalent
belief among Serbs and throughout Yugoslavia that the movement
of ethnic Serbs out of Kosovo Province is the result of anti-
Serbian behavior (including personal threats and intimidation,
vandalism, and occasional violent acts) on the part of the
ethnic Albanian majority in Kosovo. Serious efforts have been
1087
YUGOSLAVIA
undertaken at all levels of government to stem Serbian
emigration from Kosovo (or at least to ensure that ethnic
pressures are not to blame) and to deal with serious
underlying problems of economic development. Nonetheless, the
emigration persists and remains a significant political
problem.
Almost all Yugoslavs are able to emigrate and seek employment
abroad. Half of the country's population possesses valid
passports, and no exit permits are required to visit the more
than 135 countries with which Yugoslavia has diplomatic or
consular relations. A very small number of Yugoslavs are
denied passports either temporarily or permanently on national
security, political, or criminal grounds. In 1987 passports
were issued to several well-known dissidents, including
Milovan Djilas, wh6 had not been allowed a passport since
1970. Approximately 600,000 Yugoslav workers, some with
family members, are employed as "guest workers" in Western
Europe.
The law on the entry of foreigners into Yugoslavia notes the
right of permanent asylum and provides for government
assistance to persons granted that right. In addition,
Yugoslavia extends temporary asylum to refugees who, with the
assistance of the Belgrade office of the United Nations High
Commissioner for Refugees (UNHCR) , seek permanent resettlement
in third countries. At present, there are about 600 such
refugees in Yugoslavia. Since 1984 there have been no known
cases in which a refugee under UNHCR protection was forcibly
repatriated .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change the system of
government. In a one-party state, the 2-mi llion-member League
of Communists of Yugoslavia maintains a monopoly on political
power, but its authority is greatly dispersed and diluted
because of the decentralization of decisionmaking power to the
six republics and two provinces. As Yugoslav politicians and
the press regularly note, the country's eight regional party
organizations hold widely differing views on key political and
economic issues, and this has made it difficult for the Federal
Government to take decisive action. With few exceptions, no
major initiatives can be taken by the Federal Government
without the unanimous consent of the republics and provinces.
Extensive press and television coverage is often given to
high-level party meetings. In 1987 portions of a major party
meeting, including the act of voting, vjere televised live.
Governmental bodies are responsible for administering and
drawing up specific policies, especially economic policies.
At the top of the government structure are the collective
State Presidency (Chief of State), the Federal Executive
Council (Cabinet), and the Federal Assembly (Parliament). The
Presidency is responsible for overall policy direction. The
Federal Executive Council, headed by a chairman who is the
Prime Minister, is responsible for running the governmental
machinery and proposing specific legislation. Government
offices mandate a rotation of officials every 1 to 5 years,
with the possibility of extension for one additional term in
many cases.
The Federal Assembly is responsible for enacting legislation. ■
It operates sometimes by majority vote and sometimes by
1088
YUGOSLAVIA
consensus among delegations representing the country's eight
federal units. Active and contentious in recent years, it has
several times rejected or drastically altered proposals
endorsed by the Presidency and Cabinet, and is often the scene
of sharp debates which generally are fully reported in the
media .
Federal laws must also be adopted separately by Republic and
Provincial assemblies before they can be implemented, and thus
these regional assemblies wield considerable power, frequently
amounting to an actual veto of Federal authority. In certain
cases, delegates to the Federal Assembly must have authorizing
instructions from their Republic or Provincial assemblies
before engaging in negotiation or compromise on Federal
legislative measures.
Members of Communist party bodies are selected by the party
bodies themselves in ways ranging from secret ballot and
majority vote to prearranged appointment. Members of
government bodies are chosen by a delegate system.
Nominations originate in the various sociopolitical
organizations which are members of the mass umbrella
organization, the Socialist Alliance of the Working People.
This includes the trade unions, the League of Socialist Youth,
and the Union of Veterans. On the local level, ordinary
workers can and do play an active role in the selection
process. Draft constitutional amendments are now being
considered which would drop the delegate system_ in favor of a
system of direct election for many governing bodies.
Yugoslavia's ethnic groups generally have equal access to
political positions, especially through their respective
Republics and Provinces. Many senior executive government and
party positions rotate periodically from one nationality to
another according to a predetermined national "key."
For a 4-year term until 1986, the Federal Prime Minister was a
woman. Two members of the current Cabinet are women. While
full and unimpeded opportunities for women are mandated by
law, women are under represented at higher levels, reflecting
longstanding social attitudes and customs, and there are still
allegations that women cannot participate fully in government
and political life.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is sensitive to Western charges of human rights
violations within Yugoslavia. Often it attempts to dismiss
such charges as efforts to bring pressure on Yugoslavia to
alter its social, economic, or political system. In recent
years, the Government has been willing to discuss human rights
problems with outside organizations. For example, on at least
two occasions in 1987, international observers were permitted
to attend politically sensitive trials. Late in the year, the
Socialist Alliance began to consider possible formation of a
Yugoslav human rights commission.
A nascent Helsinki Watch group was formed in mid-1987 by
private Yugoslav human rights activists. The loosely
organized Committee for the Defense of Freedom of Thought and
Expression continues to speak out from time to time on human
rights and political issues. Committees of the Serbian
Writers' Association conducted numerous public meetings and
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YUGOSLAVIA
issued many statements on human rights issues during 1987.
There has been some criticism of these groups and the leading
figures in them.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution provides for the equality of citizens
regardless of sex, and the Government is officially opposed to
racial discrimination. Despite government efforts, however,
some social prejudice continues to exist, particularly with
regard to ethnic Albanians and gypsies. As noted above, the
Serbian minority in the Autonomous Province of Kosovo has
complained sharply about discriminatory practices on the part
of the Albanian majority.
The Government has taken steps to improve the status of
women. Maternity leave for employed women is very liberal and
is routinely granted for periods between 9 and 12 months.
Depending on the republic, working mothers are given day-care
allowances based on their salaries and the number of children
to be cared for. Also, a working mother may take sick leave
when her child is ill (up until 2 years after its birth), and
the father may do so when the mother is ill.
The role of women in Yugoslavia's work force has slowly
improved as a result of increased education and urbanization.
According to statistics for 1986, 37.8 percent of the work
force in the socialized sector was composed of women, as
opposed to 34.5 percent in 1974. However, most women still
hold relatively low-level, poorly paid positions. The
Constitution charges government authorities at all levels with
protection of the cultural rights of all the peoples of
Yugoslavia. The use of the major local language is required
in official conununications between Belgrade and the various
republics, and local languages are used in the schools,
courts, and local media. The various nationality groups have
the right to use their own flags, with some restrictions.
CONDITIONS OF LABOR
Factories are owned in theory by society as a whole, with
their assets administered by their workers, organized in
enterprise-level workers' councils. In practice, the influence
of workers' councils varies, but they are actively involved in
determining workers' incomes, fringe benefits, and working
conditions. Through their trade union organizations, workers
participate in decisions affecting housing, transportation,
continuing education, and other living and working conditions.
Yugoslavia has extensive Federal and Republican laws and
regulations on worker safety. Reports in the local press
indicate, however, that in some areas safety regulations are
not uniformly observed. The standard workweek is 42 hours.
Common practice is to work five 8-hour days per week and one
Saturday per month. Most workers have the right to 1 month's
paid vacation per year, as well as extensive sick leave. The
minimum age for the employment of children is 16 years.
Seventy-eight percent of those unemployed in Yugoslavia are
under the age of 30, and, in practice, young people often wait
a long time for their first job. Those with jobs are assured
a minimum wage amounting to 75 percent of the average wage for
the area during the previous accounting period.
1090
NEAR EAST, NORTH AFRICA, AND SOUTH ASIA
AFGHANISTAN
In December 1979, Soviet military forces invaded
Afghanistan — called the Democratic Republic of Afghanistan
(DRA) until the end of 1987, and installed Babrak Karmal as
new state and party leader. The Soviet invasion came in the
wake of growing popular opposition to the regime, generated by
its brutal policies. In May 1986, the Soviets replaced Karmal
with a new leader, former secret police chief Najibullah, in
apparent frustration over Karmal's failure to subdue armed
opposition to his regime, notwithstanding the support of some
120,000 Soviet troops and large amounts of Soviet aid.
Fighting has increased since Najibullah's assumption of power,
despite a putative cease-fire declared by the regime. Party
factionalism has also increased, and civil administration
remains ineffective. In an attempt to convince the world that
it was not a Communist regime, the name of the country was
changed to the "Republic of Afghanistan" (RA) in December.
The war has generated over 5 million refugees, one-third of
the population of Afghanistan before the invasion, who now
live in camps in Pakistan and Iran, and the number is
increasing. International observers estimate that about 1
million Afghans have died as a direct consequence of the
Soviet invasion and occupation.
Moscow has pursued a policy of Sovietization of those areas
under Soviet/DRA control. In addition to placing thousands of
advisers in the regime structure, the Soviet Union has taken
thousands of Afghan chi ldren--many of them against their
parents' wishes or without their knowledge--to the Soviet
Union for political indoctrination in values that are alien to
the Afghan people's Islamic heritage.
During 1987 Soviet and DRA forces, under pressure of attacks
by an increasingly effective Afghan resistance, abandoned some
areas and ceased offensive operations in others. Some Afghan
refugees have begun to repopulate a few of these areas,
reconstituting farmland under mujahidin protection.
Afghanistan's economic potential, including much of its
agricultural infrastructure, has been shattered by the war.
During 1987 in particular, Soviet reprisal raids and
depopulation campaigns, some of them against the few areas
which had previously escaped large-scale devastation, led to
damage that will require a long time to repair.
In 1987 there was no independent judiciary or any legal code
according rights to the individual. The most feared and
consistent violator of human rights within the regime remains
the secret police, formerly known as KHAD but renamed the
Ministry of State Security (WAD). More than 25,000 Afghans
work for the Ministry, supervised by KGB advisers. The
regime's principal tools of control and manipulation are
surveillance, imprisonment, interrogation, torture, and
execution.
The human rights situation in 1987 deteriorated further under
the Najibullah regime, punctuated by intensified Soviet/DRA
military pressure on civilians and increased factional
fighting. Improvement of the human rights environment in
Afghanistan depends fundamentally on a total withdrawal of
Soviet forces. Only when the occupying force is removed can
Afghanistan's sovereignty be restored and the Afghan people
permitted to exercise true self-determination.
1091
AFGHANISTAN
On November 30, a Loya Jirgah (or Grand Council), controlled
by the ruling People's Democratic Party of Afghanistan (PDPA),
adopted and enacted a new Constitution. Articles in it accord
Afghan citizens basic rights and freedoms, including the
freedoms of worship, assembly, and expression. The
Constitution also outlaws torture and "punishment incompatible
with human dignity." There is no reason to believe that these
rights and freedoms will be implemented in practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Arbitrary killing and other acts of violence against suspected
regime opponents continued to be commonplace in 1987^ Reports
from prison inmates released in 1987 and Afghan staff members
at prison facilities tell of executions in DRA prisons,
including Pul-i-Charkhi , Shashdarak, and a WAD prison in the
Darulaman section of Kabul. A mullah from Kandahar was said
to have been executed on June 8 in Kabul's Shashdarak prison.
The mullah reportedly had been posing as a friend of the regime
but, in fact, was working secretly with the mujahidin in the
Kandahar area. According to many reports many prisoners died
as a result of inadeguate diet, corporal punishment, and
torture. Of eight foreign national prisoners released in 1987,
four were diagnosed as insane by competent medical authorities,
and one died within days of his release. Their condition was
attributed to torture and inadeguate diet. There have been
reports that Soviet and DRA forces as well as mujahidin have
occasionally executed prisoners in the field. On February 1,
Soviet troops executed eight mujahidin prisoners in the
Panjshir Valley. In January DRA troops reportedly executed
captured mujahidin in Logar province. The mujahidin generally
interrogate and release captured Kabul regime enlisted men and
hold some captured Soviet personnel as prisoners; however,
some killings of captured Soviets have been reported.
Allegations of mujahidin assassinations of Soviet personnel
and DRA officials continue. Many of the political killings
reported in Kabul in 1987 appeared to result from factional
in-fighting within the ruling PDPA.
b. Disappearance
Disappearances continued to be common in areas under regime
control throughout 1987. In typical cases, family members
learn eventually through informal means of the fate of
relatives who disappear. In 1987 the regime released some
prisoners and detainees who, in some cases, were able to
provide information to families on their missing relatives.
In October several hundred supporters of former president
Babrak Karmal were arrested in the course of a purge; their
fate is not known. In some cases, unexplained disappearance
of young males is due to impressment into military service
(see Section l.d.). In other cases, Afghans are arrested and
imprisoned or summarily executed for political offenses or
because they are relatives of mujahidin. Early in 1987, a
group of nonpartisan Afghans, with whom the regime had sought
to develop a dialog, called on it to release political
prisoners, which the group estimated to number 40,000. Some
persons disappear as a result of the action of mujahidin, who
frequently abduct or capture regime military and civilian
cadre and suspected regime collaborators.
1092
AFGHANISTAN
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Regime authorities frequently employ torture to punish or to
extract information or confessions. The policy is widespread,
indicating that it has official sanction. Victims often claim
that Soviet officials monitor and indirectly control the
torture sessions. Torture techniques include both physical
and psychological abuse. Use of electric shock to sensitive
parts of the body, immersion in water, and beatings are common
forms of physical abuse reported by victims and witnesses.
Threats or abuse against family members and prolonged sleep
deprivation are typical forms of psychological abuse.
Persistent reports describe cases of mental disturbances
induced by torture in regime prisons. On July 13 a foreign
diplomat witnessed the torture of a man at the Kabul residence
of a major regime military commander. The victim was suspended
from a tree and beaten for over an hour until he became
unconscious .
Political prisoners are usually not segregated from criminal
or mentally ill prisoners. Medical care is commonly described
as minimal at Pul-i-Charkhi where prisoners are generally
required to wait at least a month before being allowed access
to the medical staff.
In its 1987 Report, Amnesty International (AI) reported that
it had written in September 1986 to the President of the
Revolutionary Council to express its concern about persistent
allegations of torture in Afghanistan, allegations which were
described in detail in an AI special report, "Afghanistan:
Torture of Political Prisoners," published on November 19,
1986. The report contained testimony from former political
prisoners who stated that they had been tortured by KHAD
agents, and quoted some former prisoners who said that Soviet
personnel had been present when they were tortured. AI also
noted that it had written to DRA regime leaders in 1986,
urging the authorities to implement recommendations for the
prevention of torture. The DRA did not reply. AI said it had
also written to the President of the Soviet Union in 1986,
urging the Soviet Government to investigate the allegations of
involvement of Soviet personnel in torture in Afghanistan.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There are no legal safeguards to prevent arbitrary arrest or
detention. Afghans in areas controlled by the regime face
unwarranted seizure by security personnel. Often, detainees
are either not told of the charges against them before trial
or are simply not brought to trial. Arrest warrants are not
issued, nor is the right to judicial determination of the
legality of detention respected. Detainees typically are held
incommunicado, sometimes for years. Although bail is sometimes
granted, it is not a standard feature of the regime's legal
procedures. Formal charges may come only after months of
interrogation.
Instances of arbitrary detention increased markedly in 1987,
principally as a result of the impressment of civilians into
military service in Kabul and, to a lesser extent, in other
regime-controlled cities, notably Mazar-i-Sharif . Kabul
regime military and secret police cadre continue to impress
large numbers of underage boys into the military, taking them
from the street and sometimes from classrooms and homes.
Regime authorities do not inform the parents of the young men
1093
AFGHANISTAN
of their impressment. In 1987 the regime impressed into
military service some of the few refugees who returned to
Afghanistan in response to the regime's so-called national
reconciliation appeal. Relatives of soldiers who desert are
often arrested by the regime to punish the deserters and to
deter others from deserting.
Arrests of regime adversaries, especially those who oppose
party leader Najibullah, were common in 1987. Approximately
200 Karmal supporters were arrested in Kabul in October, many
of them university students. The regime also imprisoned a
number of critics of its "national reconciliation" policy,
including some PDPA members.
Mujahidin occasionally kidnaped regime civilian and military
cadre. There were reliable reports that the mujahidin
kidnaped coal miners in one incident, requiring them to help
build tunnel complexes in the mountains. Another report
claimed that the mujahidin kidnaped a physician in Kunduz and
later executed him, apparently as a consequence of his refusal
to treat wounded mujahidin.
During October the regime ordered 1,800 youths from various
educational institutions in Kabul to go to Kandahar to
participate in construction work. The regime media reported
that 2,100 Kabul youth were required to spend 45 days working
on construction projects in the Kabul area and at the Kokcha
irrigation project in the far north. According to parents of
the youths, the requirement amounted to virtual forced labor
as they were paid one-tenth of what laborers are normally paid.
Afghan children continue to be taken to the Soviet Union for
long-term training and indoctrination, sometimes without their
parents' consent or even knowledge. Some sources estimate
that at least 2,000 children a year since 1984 have been taken
to the Soviet Union under this arrangement.
e. Denial of Fair Public Trial
All courts are controlled by the PDPA. Laws governing their
organization and jurisdiction cited as a first priority the
protection of the "revolution." As a consequence, plaintiffs
may be denied their legal rights because of charges regarding
their political beliefs. Most persons accused of nonpolitical
crimes are tried in the civil court system under the norms of
preinvasion judicial codes. Those political detainees who are
charged and brought to trial are usually arraigned on
allegations of treason, espionage, or terrorism, and are tried
and sentenced in secret. As a rule, they must provide their
own defense without benefit of counsel. Death sentences
generally are carried out quickly after a perfunctory review
by the ruling Revolutionary Council, which also is controlled
by the PDPA. There was no mechanism to appeal a death
sentence endorsed by the Revolutionary Council. According to
the Constitution, death sentences are executed after the
approval of the President. In areas not controlled by the
regime, civil and criminal cases are tried by Islamic judges
(gazis) and community elders under Islamic, or "shari'a," law
and according to Afghan custom.
No estimate is available on the number of political prisoners
held by the Kabul regime; in its 1987 Report, AI referred to
the continued imprisonment of "thousands of political
prisoners," and said that some of them were imprisoned after
political trials that did not conform to international
1094
AFGHANISTAN
standards. The mujahidin are not known to hold political
prisoners, although they do detain Soviet and regime personnel
for extended periods. In 1987 the DRA released some political
prisoners. Many were Communists jailed in factional disputes;
few prominent opponents of the regime were released. Most of
those released who were of military age were immediately
impressed into Kabul's army and sent into battle.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The Kabul regime and the Soviet occupation forces do not
recognize the right to privacy. Civilian areas are frequently
cordoned off and subject to search, often by Soviet troops.
Afghans complain that regime and Soviet forces routinely
confiscate property, including homes. House-to-house searches
frequently are carried out in predawn hours. Telephones are
routinely tapped and correspondence monitored. Citizens are
warned not to listen to foreign broadcasts except from states
friendly to the regime.
g. Violations of Humanitarian Law in Armed Conflicts
Kabul regime and Soviet actions in Afghanistan have entailed
violations of international humanitarian law on a broad scale,
including the 1949 Geneva Conventions and customary
international law for the protection of civilians which
proscribe indiscriminate attacks, murder and execution,
mutilation, and attacks on civilians; the 1925 Geneva Protocol
and the 1972 Biological and Toxic Weapons Conventions; the
1954 Hague Convention for the Protection of Cultural Property
during armed conflict; and prohibitions against torture and
other cruel treatment or punishment, including Article 7 of
the International Covenant on Civil and Political Rights.
In 1987, as in the past, Soviet and DRA forces launched
numerous attacks against civilian targets, resulting in
massive destruction of homes, entire villages, croplands, and
infrastructure as well as death and injuries to uncounted
numbers of civilians. Throughout the year there were reprisal
attacks against civilian populations suspected of sympathizing
with the mujahidin. Many Afghans were maimed by antipersonnel
mines, grenades, and devices specifically designed to injure
but not kill, including explosive devices reportedly disguised
to look like toys. There were also civilian casualties
resulting from the deployment of a napalm-like substance
against the resistance. Care for the injured in understaffed,
ill-supplied, and unhygienic facilities was inadequate, and
many of the injured sought medical assistance in Pakistan.
The number of refugees from the countryside fleeing to Kabul
appeared to increase in 1987 in apparent response to greater
Soviet aerial and artillery bombardment.
A number of Afghan sources reported that Soviet and,
occasionally, DRA forces employed chemical and other
prohibited weapons in 1987. It was reported that Soviet
forces used lethal chemical weapons against resistance forces
lodged in caves in Paktia province in June, and a chemical or
toxic weapon against mujahidin in the Randza Valley in
August. Mujahidin casualties during the Paktia fighting in
June reportedly exhibited severe burns from a napalm-like
substance.
Mujahidin actions in 1987 also resulted in loss of life and
injuries among civilians. The mujahidin were believed
1095
AFGHANISTAN
responsible for bomb attacks in Jalalabad and Kabul which
resulted in significant civilian casualties. Mujahidin rocket
attacks against Kabul and other regime-controlled cities
inevitably took a toll among civilians.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The regime tolerates no criticism of the Soviet Union in the
public media, and private criticism can result in detention
and arrest. There is no academic freedom. All media are
owned and controlled by the regime and tightly supervised by
Soviet officials. The press, radio, and television are used
exclusively to convey regime policy and the Soviet
interpretation of world events. Soviet publications, films
and television are widely available in local languages to
reinforce those views. In the latter half of 1987, in an
unusual departure, the regime media published divergent views
and proposals by various Afghans with regard to the draft
constitution in an attempt to suggest a consensual drafting
process. Unlicensed import and sale of non-Soviet video and
audio tapes, magazines, books, and posters are forbidden
though this ban is generally ineffective. Western radio
broadcasts in local languages are freguently jammed, although
some programs do get through to Afghan listeners.
Afghans are guarded in their conversations lest antiregime or
anti-Soviet comments be reported to the secret police. In
early September, citizens in Herat city demonstrated at the
PDPA committee headquarters, shouting antiregime and anti-
Soviet slogans in protest over the regime killing of the son
of a prominent Herat resident. Many of the group were
arrested and taken to Kabul where, according to a relative,
they underwent WAD interrogation.
b. Freedom of Peaceful Assembly and Association
There is no freedom of peaceful assembly or association in
areas controlled by the regime. A party decree passed by the
Revolutionary Council in 1987 supposedly provided a framework
for expression of political views at variance with the views
of the ruling PDPA, but the party continues to set the bounds
for acceptable dissent. The regime regularly stages so-called
"spontaneous" gatherings to convey the impression of popular
support, including mass demonstrations at diplomatic missions.
Unauthorized peaceful assemblies are dealt with forcefully.
Parents demonstrating for the release of their sons impressed
into the DRA military were dispersed with gunfire in an
incident in the Wazir Akbar Khan district of Kabul in the
summer of 1987.
Workers have been threatened with loss of jobs or imprisonment
for refusal to join party organizations. In Shebergan in Balkh
province, factory workers were arrested after they selected
ousted state and party leader Babrak Karmal as their delegate
to a national PDPA conference. Parents have been warned that
their children would be forced out of school if they refused
to join official youth organizations. Large numbers of people
from the upper and middle classes fled the country because of
severe restrictions on political and social activity.
Labor has no right to organize in any meaningful fashion.
State-sponsored trade associations and unions of workers and
peasants are closely modeled after those in the Soviet Union.
\
1096
AFGHANISTAN
The few remaining prerevolutionary labor and trade
organizations are under strong pressure to merge with the
ruling PDPA. The Central Committee of Afghan Trade Unions,
with a claimed membership of 150,000 workers, is an affiliate
of the Communist-dominated World Federation of Trade Unions.
c. Freedom of Religion
Afghanistan is an Islamic nation. Sunnis predominate, though
there is an important Shi 'a minority primarily concentrated in
the Hazarajat region in central Afghanistan. Small enclaves
of Hindus, Sikhs, and Jews traditionally have lived peacefully
alongside their Muslim neighbors.
Since the 1978 coup, the regime has sought, with marginal
success, to supervise strictly all religious organizations.
Regime policy pronouncements are routinely given the sanction
of the Ministry of Religious Affairs. The regime has taken a
series of steps to try to win support from Muslims. In 1987,
for example, the DRA announced that the State would provide
assistance to mosque construction, establish an Islamic
research center, provide monthly stipends to selected mullahs,
and sponsor an "international Koranic reading competition."
Afghans distinguish sharply between traditional mullahs and
"regime mullahs." Kandahar residents report that most of the
city's remaining residents send their children to local
mosques where they receive education not directed by the
regime. Costs are met by the parents and the community, with
no assistance from the regime. Kabul regime and Soviet
forces, particularly in the course of reprisal raids against
towns and villages, have caused extensive damage to mosques.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Domestic travel remains severely restricted by the war.
Soviet and DRA forces attempted to block the movement of
refugees out of areas of combat during Soviet military
operations in March in Kunduz and Takhar provinces, and in
August in northern Kabul province. Travelers are at risk of
being caught in Soviet-muj ahidin clashes. Buses and other
vehicles are sometimes attacked by Soviet and DRA helicopter
gunships. Traffic on the Bamiyan road reportedly moves only
at night due to the Soviet practice of regarding any daytime
traffic on the road as mujahidin and attacking it. At
Khovoshi in Logar province, a Soviet helicopter attacked a
civilian bus on September 22, killing 16 and wounding 17.
Civilian travelers also encounter frequent checkpoints or
roadblocks manned by Soviet troops, regime forces, mujahidin
or, occasionally, by bandits. Travelers regularly recount
having to bribe Soviet checkpoint personnel with cash or
drugs. Mujahidin often exact "taxes" from travelers.
The regime severely curtails foreign travel by Afghans under
its control. A passport typically must be purchased with
bribes sometimes ranging as high as $1,000. The regime seizes
the property of anyone who fails to return after 1 year.
Pilgrims to Mecca and holy places in Iraq are carefully
screened and issued travel documents valid only for those
destinations .
Overland emigration is extremely dangerous because of
indiscriminate Soviet and regime attacks. In October a column
of nomads making a traditional seasonal migration from western
Kabul province to Nangarhar came under fire from Soviet
1097
AFGHANISTAN
positions near Paghman. Extensive Soviet and regime mining of
principal overland routes and passes imposes even greater risks
to refugees. Despite these hazards, Afghans continue to flee
to Pakistan and Iran, swelling the refugee populations in those
two countries to over 5 million. These outflows continued
throughout 1987 as a result of scorched earth tactics and
deliberate attacks on populated areas by Soviet and DRA forces.
The regime estimates that over 100,000 Afghans have returned to
Afghanistan in response to its appeal to repatriate. No
international organization regards this figure as credible.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Under the current regime, citizens have no right to change
their government. Afghanistan is a totalitarian state under
the control of the PDPA, which is kept in power by the Soviet
Union. The ruling PDPA is modeled closely on the Soviet
Communist Party. Soviet military and civilian advisors sit in
virtually all regime offices and make or approve all
significant decisions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The regime has continued to resist efforts by international
humanitarian organizations to investigate human rights
practices in Afghanistan. In apparent reaction to the
international outcry regarding human rights abuses, the regime
has sought to manipulate respected institutions and foreign
journalists. In January the DRA Prime Minister granted the
International Committee of the Red Cross (ICRC) permission to
visit all persons detained in Afghanistan. At the same time,
the ICRC also launched a major program of medical assistance
in Kabul. Negotiations on the terms for ICRC registration of,
and visits to, prisoners at Pul-i-Charkhi prison, however,
broke down in May, when the ICRC was unable to continue the
visits according to its traditional criteria. As of late
1987, the authorities continued to block ICRC access to
prisoners, while claiming in international forums that they
were cooperating with international organizations.
The regime invited the U.N. Special Rapporteur on Afghanistan
to visit in August. Although the Special Rapporteur portrayed
regime authorities as cooperative, critics point out that
during a 10-day visit he was able to interview only four
prisoners, leading to charges of manipulation by authorities.
In addition, he was denied permission to go to Kandahar, an
area where Soviet reprisal strikes against civilian settlements
have been particularly numerous. Beginning in late 1986 and
continuing through 1987, the regime was host to over 100
foreign journalists. For the most part, the journalists were
confined to tightly planned itineraries; few, if any, were
permitted to interview prisoners or view detainees, though
many pressed for permission.
Regime and Soviet actions in regard to journalists who sought
to report independently on developments in Afghanistan
continued to be severe. In April a West German team narrowly
escaped injury or death when Soviet forces ambushed them and
their mujahidin escorts in Logar. Two American journalists
were killed in an ambush by Soviet/regime forces in early
1098
AFGHANISTAN
October, according to an eyewitness report. At the end of
1987, at least two West European journalists were being held
by the regime.
Mujahidin periodically have permitted the ICRC and journalists
to visit prisoners under their control, particularly Soviet
prisoners. Recently, some mujahidin commanders have offered
to allow the ICRC access to prisoners in their custody in
return for ICRC access to prisoners held by the regime.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The participation of Afghan women in activities beyond the home
and field is limited by traditional beliefs, customs, and
religious practices. In areas under resistance control, the
role of women follows traditional lines. The social position
of some women, generally those associated with the PDPA, has
improved somewhat in Kabul and other regime-controlled cities.
Access of young women to higher education has increased in
Kabul in the wake of the loss of large numbers of young men to
conscription into the DRA military, joining up with the
mujahidin, or refugee flight. For similar reasons, the role
of women in some nontradi tional occupations such as banking,
television, and radio, and the civil service has increased.
Few women, however, hold responsible, decision-making
positions. The only woman in the ruling PDPA politburo and
Revolutionary Council was removed in 1987.
The regime in some cases mirrored and in other instances
sought to exploit traditional ethnic rivalries for its
purposes. Several thousand Uzbek troops from northern
Afghanistan were sent to Kandahar in late summer to garrison
the largely Pushtun and proresistance city. The troops,
according to Kandahar residents, have behaved aggressively
against their traditional ethnic rivals. Ethnic Turkmen and
Hazaras in Kabul complain that they are not trusted by the
regime and are subjected to strict surveillance in their
business dealings, particularly with foreign firms.
CONDITIONS OF LABOR
Due to the current situation in Afghanistan, information on
the conditions of labor is not available.
1099
ALGERIA
According to its Constitution, Algeria is a Socialist, Islamic
state in which ultimate power is vested in a single political
party, the National Liberation Front (FLN) . As Secretary
General of the party. President of the Republic, and Minister
of Defense, Chadli Bendjedid holds the key decisionmaking
positions. Nonetheless, most important decisions are taken by
consensus involving the military, the Government, and the
party elites. These elites are bound together by the common
experience of a harsh struggle for independence, obtained from
France in 1962. Though a new generation of technocrats has
begun to attain positions of leadership, a sense of
revolutionary, anticolonial mission remains basic to the
ruling elites' self-perception of what Algeria is and ought to
be. This revolutionary consensus is the principal source of
popular legitimacy for the Government and the nation.
In January 1986, Algerian voters overwhelmingly approved a
referendum on revisions to the National Charter, the country's
basic political document, first promulgated in 1976. Though
retaining Algeria's Socialist orientation, the revised Charter
places increased emphasis on the Islamic roots of the
country's political and economic system and calls for greater
private sector participation in service and light industries
and the achievement of agricultural self-sufficiency. The
current 5-year plan (1985-89) reaffirms the Government's shift
in emphasis from heavy industry to development of agriculture,
job creation, and the satisfaction of unmet social needs in
the fields of housing, education, and health. Low world
prices in 1987 for hydrocarbons, the Government's principal
source of hard currency earnings, have adversely affected
performance in some of these areas, as has the continued high
rate of population growth. The Government announced major
reforms in 1987 involving autonomy for state enterprises and
privatization of agriculture.
Urban police and the rural-oriented gendarmerie generally
adhere to constitutional guarantees against arbitrary arrest
and imprisonment. Military security forces, in practice, are
given greater leeway to make arrests, and there are charges of
abuse and torture. Those charges have not been documented.
Generally speaking, excesses committed by security forces,
chiefly involving incommunicado detention of suspects beyond
legal limits, are a major element behind human rights
violations in Algeria.
Although the Constitution contains human rights provisions,
civil liberties remain restricted. Political rights, in
particular, are circumscribed by the party and the Government
which limit the electoral choices and restrict public debate
to officially sanctioned forums and issues. An important
reform of the Law on Associations was passed by the National
Assembly in 1987 which, if implemented, should allow citizens
to undertake a number of social, economic, and humanitarian
activities free of party control. Algerians have the right to
possess private property and are generally free to pursue
private interests without state interference. Some Berber
elements claim to be the object of discriminatory treatment.
The Government, however, has sought to reduce tensions with
the Berbers, who constitute from one-fourth to one-third of
the population, by accommodating some of their cultural
demands and investing heavily in the development of
predominantly Berber areas.
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There were several significant developments in the human
rights field over the past year. Within days of major rioting
in Constantine and Setif in November 1986, nearly 200 persons
were quickly tried and sentenced to prison terms ranging from
2 to 8 years. Over the following 2 months, leftists suspected
of involvement in the riots, along with leaders of a banned
human rights organization, were arrested and confined to the
desert south. These arrests were described as administrative
measures, and no charges were brought against the 23 involved.
In a major turnabout, however, the Government released the 23
in March, and in April permitted the establishment of an
officially recognized human rights league comprised of a
number of distinguished and independent figures from various
walks of life. The new League proceeded to lobby successfully
for the release of almost all known political prisoners in
Algeria, including the convicted rioters from Constantine and
Setif as well as opposition and human rights activists who had
been convicted by the State Security Court in December 1985.
Finally, the leader of a group of fundamentalists responsible
for an attack on a police academy in August 1985 was killed in
a shoot-out with police in January 1987, and 195 of his
followers were convicted by the State Security Court in July.
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings.
b. Disappearance
Abductions, secret arrests, and clandestine detention are not
condoned or known to be practiced. There were no accusations
of such practices in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Algerian Constitution prohibits torture and in 1987 there
were no confirmed reports of torture. However, Islamic
fundamentalists on trial in June at the State Security Court
in Medea charged that their confessions had been extracted
under torture.
In its 1987 Report, covering 1986, Amnesty International (AI)
expressed its concern about allegations it had received about
torture and ill-treatment during detention in Algeria as well
as allegations of deaths in custody as a result of torture.
AI reported that, according to its information, Adbdelwahab
Abderrahman was called for questioning by police in July 1986,
kept in secret detention at the Central Commissariat in Oran,
and his body later returned to his family. The police
reportedly stated that he had died in a car accident. AI also
noted that Mustapha Arris was arrested by security police in
September 1986 and had died soon after being returned to his
home suffering from serious injuries, and that Salem Lamali,
reportedly detained without charge since October 1983, is
believed to have died in September 1986 following an
operation. AI also noted that it had asked Algerian
authorities to inform it of any inquiries into allegations of
torture of the defendants in a trial before the State Security
Court in December 1985 on charges including conspiracy against
the security of the State. AI reportedly received no reply to
its request.
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Persons convicted of civil crimes are sent to provincial civil
prisons, while those found guilty of more serious crimes
against the State, such as treason or terrorism, or those who
have committed crimes which carry the death penalty, such as
murder, kidnaping, or rape, are sent to one of three
penitentiaries. Conditions in both types of institutions
range from primitive to modern; conditions in penitentiaries
are reportedly worse than those found in the more numerous
civil prisons. Although all prisons have medical facilities,
and each prison has a contract with a local doctor who visits
the prison regularly to treat ill prisoners, medical care is
generally rudimentary. Seriously ill prisoners may be sent to
local hospitals. Prisoners in both civil prisons and
penitentiaries are fed a bland, starchy diet, and long-term
prisoners rely on family support to augment this diet.
Families are allowed to visit civil prisons once a week; it is
considerably more difficult to visit prisoners held in
penitentiaries. At the discretion of local prison authorities,
conjugal visits are sometimes permitted in civil prisons.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution states that no one may be prosecuted,
arrested, or held except as provided by law. It also provides
that detention for questioning in criminal investigation cases
cannot exceed 48 hours, after which the suspect must be charged
or released. This period may be extended legally to 4 days in
ordinary criminal cases and to 8 days in cases involving state
security. The penal code provides for informing detainees
immediately of charges against them. Once charged, an
individual may be held in pretrial detention indefinitely
while his case is being investigated. Algerian law does not
include a bail system. Lawyers are legally entitled to access
to their clients at any time. Meetings take place under the
visual supervision of a guard.
Despite these constitutional safeguards, military security
forces have held suspects up to a month before releasing or
charging them, as reportedly occurred in the case of Moslem
fundamentalists who were tried in the State Security Court in
June-July 1987. Military security officials are authorized to
investigate not only military offenses but also cases
involving internal security and espionage. In cases that
involve subversion, they may also investigate civil crimes.
Amnesty International has noted its concern about cases of
prolonged incommunicado detention, and leaders of the new,
officially recognized Algerian League of Human Rights have
declared that elimination of this abuse as well as the
practice of "administrative" or technical house arrest is
their number one priority. President Bendjedid has encouraged
the new League to combat excesses by the security services and
to promote respect for the law by all agencies of government.
Persons arrested for the expression of views critical of or
different from those of the Government are generally charged
with disturbing the public order, associating with illegal
organizations, or, in extreme cases, threatening state
security. Eight supporters of exiled former President Ben
Bella were sentenced by the State Security Court in June to
prison terms ranging from 2 to 5 years for antigovernment
activity, while 10 of their codefendants were acquitted.
Officials of the Algerian League of Human Rights who attended
their trial indicated that the League would support freedom of
expression. Four of those convicted have since been freed.
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ALGERIA
while the League is currently lobbying to obtain the release
of the other four remaining in prison.
There is no forced labor.
e. Denial of Fair Public Trial
Defendants in civil and security courts have free access to
counsel, and there is no harassment of defense counsel. The
Algerian Bar Association has a pool of lawyers who provide
free services to defendants who cannot afford private counsel.
As far as is known, defendants are made fully aware of the
charges against them at the time they are bound over for
trial. Defendants have the right to confront witnesses and
present evidence. Trials are public, although not generally
publicized, and defendants have the right to appeal. The
judicial system is divided into three parts: civil courts,
military courts, and the State Security Court. There are no
Islamic courts in Algeria.
The civil courts are generally independent of executive or
military control. Military courts deal directly with
espionage and with offenses committed by military personnel.
The State Security Court at Medea is not in permanent session
but has jurisdiction over cases that are deemed "to endanger
the national security." At least a ministerial-level decision
is required to refer a case to the State Security Court, which
generally provides procedural protection similar to that of
civilian courts. Interested observers are allowed to attend
trials held in this court.
All political prisoners arrested prior to February 1979,
including former President Ben Bella, have been released since
President Bendjedid took office. The Government has continued
to encourage additional supporters of Ben Bella to return.
During March and April 1987, the Government moved to release
virtually all known political prisoners in the country. The
first to benefit from this apparent policy shift was Rachid
Ben Brahim, a producer from Algerian state television, who had
been convicted in January of distributing antigovernment
tracts. Ben Brahim was released on March 8 after more than
1,000 intellectuals had signed a petition, reportedly
sponsored by the outlawed Communist Parti de L'avant Garde
Socialiste, on his behalf. In June 1986, internationally
known human rights lawyer Ali Yahia Abdenour was released
after completing an 11 month sentence for founding an
unsanctioned human rights league in 1985. In December 1986,
he along with 22 others was placed under administrative
detention in the desert south. The Government released them
on May 24. Finally, President Bendjedid ordered the release
on April 22 of all 186 individuals convicted of participating
in the November 1986 rioting in Constantine and Setif,
following an appeal for clemency by the newly created Algerian
League of Human Rights. The League also claimed credit for
the release April 26 of six founding members of Abdennour's
human rights group and two members of another unsanctioned,
predominantly Berber organization, the Sons of Martyrs of the
Revolution, who had been convicted by the State Security Court
in December 1985.
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ALGERIA
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Membership in political organizations is not required, except
for senior government and military officials who are almost
always members of the party. There is an efficient police
force responsible for tracking possible sources of dissent,
which is believed to use informer systems. It is also
believed that telephone monitoring systems are used, rarely
with prior court authorization.
Inviolability of the home is provided for by the Constitution
and generally is honored in practice except in cases involving
military security. Police may not enter a house without a
warrant from the local prosecutor or investigating magistrate,
nor may they enter a residence during night hours.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution provides for freedom of expression,
it also states that such freedom may not be used to "undermine
the foundations of the Socialist revolution." All print media
are published either by the Government or the party, and all
journalists are government employees. The distribution of
foreign newspapers and magazines is controlled.
Some foreign publications are available in small quantities.
However, the French-language weekly Jeune Afrique is
proscribed, and the French daily Le Monde is occasionally
seized. A French journalist was expelled from the country in
November 1986 following her reporting on the rioting in
Constantine and Setif. Radio and television stations are also
government controlled. The Government does not permit
criticism of its authority, the one-party system, or Algerian
foreign policy. Criticism of specific domestic programs and
policies, corruption and inefficiency in government, and even
to some extent the Socialist system is allowed, including on
state-run television and in the weekly organ of the ruling FLN
party. Revolution Africaine.
b. Freedom of Peaceful Assembly and Association
All nongovernment associations must be approved by state
authorities who have traditionally refused to recognize groups
with political, economic, or social views that differ from
those of the FLN. However, an important reform of the Law on
Associations, which was passed in July, permits citizens'
organizations to begin functioning without obtaining advance
approval from the Ministry of Interior. Approval is supposed
to be routine except for associations concerned with
politically sensitive matters or involving foreigners. It
remains to be seen whether the liberalized law will lead to a
flourishing of citizens' associations, but the new, officially
recognized Algerian League of Human Rights already has set a
precedent as the first important association allowed to exist
outside of the FLN structure and control.
There is only one legal political party and one labor union,
the General Union of Algerian Workers (UGTA) . These and other
mass organizations for youth, women, farmers, veterans, and
professional groups are all tightly controlled by the party
and constitute the primary government-recognized associations.
They play key political roles in mobilizing popular support
I
1104
ALGERIA
for various government programs and elections and maintain
relations with recognized international bodies in their
fields, such as the International Labor Organization.
Workers and employers do not have the right to organize
independent unions. Strikes are illegal in the public sector,
but workers have successfully used strikes and work stoppages,
without sanction of the national union, to win more pay and
protect benefits. Most labor-management disputes, however,
are solved by union representatives and labor ministry
inspectors meeting with managers. While collective bargaining
in the strict Western sense is not practiced, the UGTA does
engage in industry-wide negotiations on behalf of workers
under its umbrella, and workers are represented on the
management bodies of state enterprises.
Although individuals are technically free to assemble,
security personnel watch public gatherings closely, and all
nonparty associations must receive government recognition to
exist legally. There have been no demonstrations involving
illegal organized opposition groups, such as Berber or Islamic
fundamentalists, for the past several years. As noted above,
serious rioting occurred in Constantine and Setif in November
1986, during which mobs attacked government and party
installations over a 3-day period. The rioters were
reportedly angered by alleged police repression of student
demonstrations and by shortages of basic food items connected
with the economic downturn.
Some very limited political opposition, such as student
demonstrations, is tolerated. Opposition political tracts are
sometimes circulated, almost certainly with official
knowledge, but persons caught with them may be subject to
arrest .
c. Freedom of Religion
Legally an Islamic state, Algeria protects the rights of the
very small Christian and Jewish populations to worship in
their churches and synagogues. There is little evidence of
individual prejudice. The Christian clergy directs its
activities to the non-Muslim, non-Algerian community.
The Islamic clergy is government trained. Friday sermons are
not formally censored, but government monitoring constrains
the clergy's freedom of expression. However, rampant mosque
construction, largely financed by private donations, has
overtaxed the Government's ability to provide trained imams
and thus to control proceedings within all the country's
mosques. The yearly pilgrimage to Mecca is government
organized .
The Muslim Brotherhood is banned, and its members reportedly
are subject to police harassment. This group is rooted in a
centuries-old tradition of North African mysticism and has
been used as a vehicle for propagating fundamentalist ideas
such as the creation of an Islamic state in Algeria that would
subordinate secular authority to that of religious leaders.
Fundamentalists responsible for an attack on a police academy
outside Algiers in August 1985 were arrested and placed on
trial in the State Security Court in June after their leader,
Mustapha Bouiali, was killed in a shoot-out with police in
January 1987. The 208 defendants denied charges of plotting
the armed overthrow of the State or of assisting group leaders
who committed violent acts. One hundred and ninety-five were
1105
ALGERIA
convicted and received sentences ranging from 10 months to 20
years in prison; three alleged group leaders were sentenced to
death. There is no indication whether these death sentences
will be carried out.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom to travel within Algeria and abroad and to emigrate is
provided for by law and generally is respected in practice.
One of the first acts of the Bendjedid Government was to
remove the exit visa requirement. Government permission,
however, is necessary to travel to Morocco and difficult to
obtain. Men who are 19 years or older must have proof of
completion of mandatory 2-year military service, and employees
of state organizations who are paying back educational
scholarships through work must have valid leave papers to exit
the country. Passports may sometimes take months to acquire,
although this situation is improving. The amount of hard
currency which Algerians may carry abroad (the equivalent of
$200 once every 4 years) remains the primary limitation on
foreign travel.
Except for foreign diplomats, who must apply for permission to
travel farther than 50 kilometers from Algiers, travel within
Algeria is generally unrestricted, except in areas designated
as "military zones." Visitors must register with the police
if they are staying overnight in a locality. Gendarmerie
checkpoints in the countryside routinely inspect vehicle
registrations and occasionally search vehicles. The
50-kilometer limit for diplomats is not strictly enforced, and
permission to travel farther is quickly granted upon
application.
The Constitution provides for the right of political asylum.
It is estimated that more than 100,000 refugees from the
Western Sahara live in camps in southwestern Algeria. They
are largely supported by the Government and, to a much lesser
extent, by the United Nations High Commissioner for Refugees.
Algeria continues to provide refuge and support to an
estimated 11,000-12,000 drought victims from Niger and Mali
located in 4 camps near Tamanrasset. The Algerian Government
has been discussing with the Niger and Mali Governments and
with international organizations the conditions for returning
these remaining drought victims to their countries of origin.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Major political decisions are made by the top leadership of
the party. Government, and military, all three headed by
President Bendjedid. The political process is confined to the
single party, which significantly limits deviation from the
path prescribed by ruling authorities. Basic policy decisions
are not strictly questioned, but popular grievances are aired
within the party organization. Some diversity of views is
also evident in the national popular assembly, the provincial
and local councils, and the government-controlled press. The
National Assembly, whose members are all nominated to run for
election by the FLN, has begun to assert itself in recent
years by modifying in a conservative direction key aspects of
government-sponsored reform legislation.
1106
ALGERIA
There is universal adult suffrage. All candidates for public
office are nominated by the party, but voters usually have a
choice among two or more candidates.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Algerian Government does not readily discuss its human
rights record with outside governmental or nongovernmental
organizations. The Government's recognition in April 1987 of
a human rights league composed of respected figures in the
fields of law, medicine, religion, journalism, and diplomacy,
however, indicates an official interest in human rights
questions, which will be tested over time.
The Government released from prison or house arrest all
members of Ali Yahia Abdennour's unsanctioned human rights
league, but has continued to refuse to recognize the group
because of its alleged involvement in opposition political
activities. Abdennour himself, moreover, has still not
received permission to travel outside the country. The
Paris-based International Federation for Human Rights
recognized the Abdennour group in December 1986 and criticized
the official Algerian League of Human Rights at the time of
its creation in April as not being independent from the
Government. However, the new League has scored important
successes in its first months of existence, obtaining the
release of some 300 prisoners, and it is now preparing studies
on prison conditions and on incommunicado detention. It is
not yet clear to what extent its activities will be tolerated
by the Government.
Representatives of Amnesty International attended trials in
the State Security Court in Medea during 1987. Algeria
participates in U.N. and regional human rights forums.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
It does not appear that minority groups are treated unfairly
in terms of their access to jobs, housing, education, and
health care. The Government's difficulties in meeting these
social needs are mostly linked to the country's extremely
rapid population growth, and minorities seem to fare no better
or worse than the Arab majority under these circumstances.
The Government has given extra attention to building houses,
schools, and municipal infrastructure in Berber regions, and
the rate of school attendance among Berbers is higher than in
most other parts of the country. Nevertheless, Berber ethnic
consciousness remains strong and is fueled mostly by Berbers*
desire to preserve their distinctive cultural identity and
language in the face of the Government's emphasis on the
development of Algeria's Arab identity. Berber spokesmen
assert that the Government seeks to repress the distinct
Berber culture.
Women enjoy equality under the law, but there are exceptions.
For example, the 1984 family code permits male polygamy, makes
it more difficult for a woman than a man to obtain a divorce,
and awards only 4 months of alimony to the woman in the event
of divorce, regardless of the husband's means and the
circumstances under which the divorce was obtained. Both
culture and tradition make it difficult for women to follow an
independent path; a woman remains throughout her life under
1107
ALGERIA
the legal "tutelage" of a man, regardless of her age or civil
status. About 250,000 Algerian women work outside the home,
and an increasing number are trained and employed in the more
liberal professions. Two women are members of the party's
Central Committee; one is a state minister, and women serve in
the armed forces. Elections to the National Assembly in
February produced a decline in the number of female deputies
from 10 to 6, although 60 women ran for seats in the
295-member Assembly.
The literacy rate in Arabic or French (or both) among males
over the age of 9 is 65 percent and only 40 percent for
females in the same category. However, an effort has been
made to close the gap separating women from men in education.
According to government statistics, 72 percent of all
school-age girls were enrolled in 1985. The rate of female
school attendance fluctuates widely from urban centers to
conservative rural areas. Algeria also has launched a
nationwide program encouraging proper spacing of pregnancies
as a means of safeguarding a mother's health, improving infant
care, and reducing the high population growth rate. The
program provides free access to contraceptives and counseling
on a voluntary basis. Abortion is illegal.
CONDITIONS OF LABOR
Algeria's 1978 General Workers' Statute provides for a normal
workweek not to exceed 44 hours, a full 24-hour rest period,
and a minimum wage. It prohibits employment of persons under
16 years of age. The statute also sets out minimum worker
safety standards and standardizes pay according to the work
performed. Although the law has not yet been fully
implemented in all economic sectors, most of its provisions
are respected.
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BAHRAIN
The extended family of the Al Khalifa has ruled the State of
Bahrain since the late 18th century and dominates Bahrain's
society and government. The Constitution confirms the Amir as
hereditary ruler. He governs Bahrain with the assistance of
his brother, the Prime Minister, and an appointed cabinet of
ministers. The Government has suspended some provisions of
Bahrain's 1973 Constitution, including those articles relating
to the National Assembly which the Government disbanded in
1975. In practice, there are few judicial checks on the
authorities .
The Ministry of Interior is responsible for public security,
and has a large and effective police force at its disposal.
Bahrain's leadership seeks to foster the open social and
commercial environment needed to attract international
business, while protecting the ruling family's preeminence,
preventing sectarian violence, and thwarting externally
inspired subversion. Bahrainis are divided between the Shi 'a
and Sunni sects of Islam. Unofficial estimates indicate that
over two-thirds of the population is Shi 'a. The ruling family
is Sunni, and the Sunni community tends to be wealthier and
more influential than the Shi 'a, although there are conspicuous
exceptions. While extreme poverty is rare and the Government
attempts to assure full employment, the Shi 'a as a group are
disadvantaged, a situation which adds to the potential for
externally inspired subversion. Two clandestine political
groups with links to Iran have drawn support from some Shi 'a,
and two underground, secular leftist groups advocate violent
political change.
The human rights situation was unchanged in 1987. Civil
liberties remain restricted and reports of serious abuses
continued, as did arrests for antiregime political activities
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom From:
a. Political Killing
There were no known political killings.
b. Disappearance
There were no known disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited by law and discouraged by the Government.
However, persons suspected of security offenses have in the
past suffered physical abuse during periods of detention or
arrest. It is not known what happens during detention in
security prisons (where questioning may continue after
sentencing) since visits by nongovernment persons are
generally prohibited. Medical examinations by nonprison
doctors have also been denied.
In its 1987 Report, covering 1986, Amnesty International
reported that it had repeatedly expressed concern to the
Government over reports of torture and mistreatment of
political prisoners and detainees. Specific concerns included
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BAHRAIN
the death in custody of Radhi Mahdi Ibrahim who reportedly
died in prison as a result of torture or ill-treatment and
inefficient medical care; the death in Al Qala prison in
Manama of Dr. Hashim Ismail Al Alawi, reportedly from torture;
the reported torture in Al Qala prison of five men held
incommunicado in 1985. The five reportedly were convicted of
membership in an illegal organization based solely on
confessions obtained through torture. The report noted that,
as in previous years, torture and ill-treatment apparently
occurred primarily during the period immediately after unrest
when detainees were held incommunicado.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Political activity is strictly controlled by the security
forces, and persons are sometimes detained arbitrarily on
suspicion of antiregime activity. Activities that could lead,
under provisions of the security law, to guestioning, warnings,
or arrest include membership in subversive, illegal
organizations, painting antiregime slogans on walls, joining
antigovernment demonstrations, processing or circulating
antiregime writings, preaching sermons with a radical
political tone, or harboring or associating with persons
committing such acts. In the past, detainees have sometimes
been held incommunicado for lengthy periods, although family
members can usually learn of a detainee's whereabouts.
In its 1987 Report, Amnesty International expressed its
concern about the pretrial detention without charge of
political opponents of the Government.
The Government prohibits the use of forced or compulsory
labor, and it is not known to be practiced.
e. Denial of Fair Public Trial
A person arrested may be tried in either a civil court or the
Security Court. Civil trials provide procedural guarantees,
including open trial, the right to counsel (with legal aid
available to indigents), and the right to appeal. Security
cases, however, are tried directly by the Supreme Court of
Appeal, sitting as the Security Court. Trials are held in
secret, there is no right to judicial review of the legality
of arrests, and the Court is exempted from adhering to the
procedural guarantees of the penal code. Sentences imposed by
the Security Court can, at the discretion of the Court, be
referred to the Amir for clemency, a procedure not customarily
followed in civil court cases. The Bahrain Defense Force
maintains a separate court system for military personnel
accused of offenses under the military code. This court does
not review cases involving civilian criminal or security
offenses. Reliable estimates indicate that 50 to 100 persons
are now being held for political reasons.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Interior Ministry can authorize entry into private
premises without judicial authorization. Telephone calls and
correspondence are subject to monitoring. Police informer
networks exist.
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BAHRAIN
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution assures the right "to express and propagate
opinions," but in practice Bahrainis cannot freely challenge
the legitimacy of the regime in speech or writing. Political
meetings are not permitted; gatherings which might take on a
political tone are monitored through informers. Criticism of
government policies and programs in such areas as municipal
services and education is tolerated and commonly seen in the
press .
The Information Ministry exercises wide powers over the local
media, and the press generally follows official policy closely.
In the past, minor deviations have forced the closure of the
offending newspapers. There have been no closures since 1980,
primarily because editors fully understand the limits of
government tolerance. Publication of a weekly newsmagazine
was suspended temporarily in 1987 because of its publication
of reports criticizing the Government's unemployment policies.
In 1987 the Government expelled a United Press International
correspondent as a result of his refusal to comply with the
conditions of his journalist visa. Bahrain is generally open
to international media, but the Government discourages
unfavorable coverage of its domestic affairs. The State owns
all radio and television stations. All newspapers are
privately owned but subject to government censorship. A
former Information Ministry official serves as the editor of
the only Arabic-language daily paper, which is regarded as
semiofficial .
b. Freedom of Peaceful Assembly and Association
Public political demonstrations or meetings are prohibited in
Bahrain, although Bahrain's Constitution affirms the right of
free assembly.
A number of professional organizations exist, including groups
of lawyers, physicians, engineers, and businessmen. The large
number of social and sports clubs have traditionally served as
forums for discreet political discussion. The Government
monitors the activities of these organizations, which are
generally small and limited in scope. Permits must be
obtained for meetings in public places.
The Constitution recognizes the right of workers to organize.
While trade unions are illegal, the Government has encouraged--
and controlled--the formation of elected workers' committees
in major companies. Workers' representatives are empowered to
discuss wages and working conditions with management, but not
to engage in collective bargaining, and there is no right to
strike. These committees now represent over 10 percent of the
work force. The workers' committees choose members of a
national committee. This body represents Bahrain in
international labor organizations. Expatriate workers, about
60 percent of the work force, are denied these limited trade
union rights.
c. Freedom of Religion
The native population is overwhelmingly Muslim and, Islam is
the state religion, but expatriate Christians (7 percent of
the population) maintain places of worship and enjoy
considerable freedom to practice their religion. Christian
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BAHRAIN
publications are readily available in bookstores, but
proselytizing is not permitted.
Although there are notable exceptions, Sunni Muslims enjoy a
more favored status among Bahrainis than the Shi 'a, who form
approximately two-thirds of the population. Sunnis are given
preference for employment in sensitive positions, including in
the defense force and the managerial ranks of the public and
private sectors. Nearly half of the cabinet ministers,
however, are Shi "a, although they do not hold key portfolios.
Both Sunni and Shi 'a religious assemblies are subject to
government control and monitoring, but there is no
interference with routine worship or religious activities.
Public religious events, most notably commemorative marches by
members of the Shi 'a community, are permitted but remain
closely watched by the police. There are restrictions on the
number of Bahrainis permitted to make pilgrimages to Shi 'a
holy sites in Iran.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Bahrainis are free to move within the country and change their
place of residence or work. Passports can be denied on
political grounds. Some persons living abroad and suspected
of political offenses may face imprisonment without public
trial upon return to Bahrain. Refugees are not repatriated to
countries they have fled, but are obliged to depart Bahrain
immediately. There are some Iranian emigres who have fled
Iran since 1979 and have been permitted to remain in Bahrain,
but they have not been granted citizenship.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Bahrain has no formal democratic institutions. Consequently,
most of its citizens do not have a say in the choice of
leaders or in changing the political system. Bahrain is ruled
by the Al Khalifa family, headed by the Amir. All Government
positions are appointive. The average Bahraini influences
government decisions only through the submission of written
petitions and informal contact with senior officials,
including through attendance at the Amir's regular public
audiences. Neither political parties nor opposition
organizations are permitted.
There are four clandestine political groups that advocate
violent revolution. The Islamic Front for the Liberation of
Bahrain, the group responsible for the 1981 coup attempt, and
the Islamic Call Party have ties to Iran and attract Shi "a
support. Both call for the establishment of an Islamic
republic. Two underground leftist groups, the Popular Front
for the Liberation of Bahrain and the National Front for the
Liberation of Bahrain, have ties with radical Arab regimes and
the Soviet Union.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No internal human rights organizations exist. Representatives
of Amnesty International visited Bahrain in 1987 and were
received at high levels within the Government. They were
permitted to observe a trial before the Supreme Civil Court of
Appeal which was hearing the case of 18 individuals charged
1112
BAHRAIN
with offenses relating to membership in, and activities for,
the banned Bahrain National Liberation Front. Amnesty
International did not issue a public statement during its
visit to Bahrain. Its 1987 Report noted that it had repeatedly
expressed its concern to and requested information from the
Government, including a letter in August 1986 to the Minister
of the Interior. The Government has not responded to these
requests .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Bahrain's Shi'a, as a group, suffer from economic
discrimination. Statistics are unavailable, but Shi'a tend to
be employed in lower-paid, lesser-skilled jobs than Sunni
workers. Social and municipal services in most Shi'a
neighborhoods, particularly rural villages, are markedly
inferior to those found in Sunni communities. The Government
has tried to remedy social discrimination, improve Shi'a
living conditions, and encourage sectarian integration through
the development of government-subsidized housing complexes,
open to all Bahrainis on the basis of financial need.
Many legal rights of concern to women are subject to Islamic
law. Specific rights vary according to Shi'a or Sunni
precedent, as determined by the individual's profession of
faith. In general, women have rights to their own property,
but daughters receive less inheritance than sons, and a widow
must share her husband's estate with her children. Although a
wife may divorce, she must specify grounds. Women must obtain
the permission of the male head of the household to obtain a
passport. With the development of the Bahrain economy, women
have increasingly taken on jobs previously reserved for men.
Women constitute about 18 percent of the Bahraini work force.
The Government has encouraged the trend toward equality, has
enacted special laws to promote female entry into the work
force, and is itself a leading employer of women. Most of
their positions are clerical, but women hold some senior-level
jobs. The labor law grants women 60 days of paid maternity
leave, and nursing periods during the day. The status of
women is a continuing subject of debate. Many women have
traditional views of Islam and voluntarily adopt socially
conservative roles.
CONDITIONS OF LABOR
Bahrain's labor law, enforced by the Ministry of Labor and
Social Affairs, provides for acceptable conditions of work for
all adult workers, including adequate standards regarding
minimum wages, hours of work, and occupational safety and
health. In practice, however, expatriate workers (60 percent
of the work force) are seriously disadvantaged by the
requirement that all foreigners must be sponsored by Bahrainis
in order to work. Under this system, sponsors can cancel the
residence permit of any person under their sponsorship and
blacklist individuals so that they cannot obtain entry or
residence visas from another sponsor. Such power contains the
inherent potential for exploitation, and foreign workers are
often unwilling to report abuses for fear of forced
repatriation. Bahrain's labor law does not recognize the
concept of equal pay for equal work. Asian workers are often
paid less than Bahrainis or Westerners with the same
qualifications, and women are generally paid less than men.
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BAHRAIN
The minimum age for employment in Bahrain is 14 years.
Juveniles between the ages of 14 and 16 receive special
protection under the labor laws. They may not be employed in
hazardous conditions or at night, and may not work over 6 hours
per day or on a piecework basis. Employers are compelled to
abide by juvenile labor laws largely through the threat of
court action. Labor officers from the Ministry of Labor and
Social Affairs conduct inspections and investigations both at
random and in response to allegations of abuse. The Ministry
is empowered to demand that an employer appear in its offices
to answer any allegations. If the employer refuses to appear
or to follow Ministry recommendations, the case is forwarded
to the civil courts. If necessary, the Ministry of Labor and
Social Affairs will act as an attorney on behalf of a juvenile.
Most observers agree that violations of the juvenile labor
codes are rare.
I
1114
BANGLADESH
The Bangladesh Constitution provides for a presidential form
of government and a unicameral Parliament of 330 members. The
President appoints the ministers, 20 percent of whom do not
have to be members of Parliament. The Prime Minister, also
appointed by the President, serves more as the leader of the
majority in Parliament than as the leader of the Government.
Until Parliament was dissolved on December 6, President H. M.
Ershad's Jatiyo Party enjoyed nearly a two-thirds majority in
Parliament. The parliamentary opposition (with a total of 116
seats) was led by Awami League leader Sheikh Hasina Wajed,
whose party held 76 seats.
The new Parliament, chosen in elections in May 1986, held its
first session for 61 days beginning in January 1987. Its
proceedings were marred by opposition walkouts, by government
tactics to bypass debate on controversial legislation, and by
confused procedure. Dissatisfaction with the Government's
control of Parliament was partly behind the general strike
called by the opposition in late July. Strong-arm tactics by
the Government and significant vote irregularities marred
byelections held in February and June to fill vacant seats in
Parliament. Government candidates won by wide margins. In
the face of opposition protests, the Government exercised
sweeping powers of arrest under the Special Powers Act of 1974
(which allows detention without charge) to detain opposition
leaders and student activists. The Government also invoked
the Act to silence a few newspapers and close drama
performances. In August the President disbanded government
student organizations and called for an end to student politics
in an attempt to control campus violence.
In November the opposition took their protests to the streets
mounting demonstrations, rallies, and marches and organizing
general strikes that continued until the end of December. The
Government arrested thousands of opposition activists under
the Act on the grounds that this was necessary to maintain law
and order. On November 27, President Ershad declared a state
of emergency which suspended freedom of movement, assembly,
association, speech, and profession. "Prohibitory orders" in
force under the state of emergency included bans on
processions, demonstrations, meetings, strikes (the latter for
2 months) and a prohibition on criticism of any government
decision or action. Ershad dissolved Parliament on December 6
after the resignation of 10 members of an Islamic
fundamentalist party, Jamaat-e-Islaami , and a vote by the
Awami League Presidium (the Awami League was the major
Parliamentary opposition party) to withdraw Awami League
Members of Parliament. Under the Constitution, new
parliamentary elections must be held within 90 days from the
date of dissolution; these are now scheduled for March 3, 1988.
Bangladesh's defense forces include the army, navy, and air
force. The army has also undertaken operations in the
Chittagong Hill Tracts against tribal insurgents. Paramilitary
forces include the Bangladesh Rifles, primarily responsible
for border security, and the Bangladesh Ansars, a home guard
which assists the police in maintaining law and order. A
police force, including an armed police reserve, enforces
domestic law by investigating crimes and making arrests.
These paramilitary forces and the police are under the control
of the Minister of Home Affairs.
Bangladesh is one of the world's poorest and most densely
populated countries. The Government's avowed priority has
1115
BANGLADESH
been economic development; its key programs aim at increased
crop yields, reduced population growth, decentralization of
administration, and development of the private sector.
Serious floods in August and September brought further
economic hardship. Nationwide strikes organized by the
opposition also damaged the economy. President Ershad
assigned the military the lead role in distributing disaster
relief supplies. Foreign diplomats in Dhaka acknowledged that
the Government had performed well in its relief and
rehabilitation efforts.
The human rights situation in Bangladesh in 1987 reflected the
increasing polarization between the Government and the
political opposition. The security measures under the state
of emergency, which the Government claimed was necessary to
maintain law and order, banned political activity, imposed
press restrictions, and led to the detention without charge of
scores of political dissidents.
The Government's attempts to address concerns about human
rights abuses in the Chittagong Hill Tracts, where tribal
insurgents are fighting a guerrilla war against the
Government, left many observers dissatisfied.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
A simmering insurgent movement remained active in the
Chittagong Hill Tracts, where some 600,000 tribal people live,
as clashes continued between government forces and small
groups of armed tribal insurgents known as the Shanti Bahini
(Peace Force). The insurgent movement, which began in the
mid-1970's, reflects concern on the part of the tribal people
that their traditional way of life and their special status in
the hill areas were being undermined by settlers who moved
there from the overpopulated plains.
Insurgent attacks on Bengali settlements and military
personnel, many of which resulted in death and the destruction
of property, continued in 1987. Reliable statistics on the
frequency of confrontations and the number of deaths involved
are not available. The conflict widened in June when Indian
Border Security Force personnel reportedly crossed the border
into Bangladesh, killing 11 persons and injuring 10. Indian
personnel were also accused of attacking and killing seven
members of the Bangladesh Rifles on June 24 in Bangladeshi
territory. The Indian Government has denied that the Border
Security Force was involved in either case. As a result of
clashes at the end of 1986, thousands of tribal people fled
into India and remain in camps awaiting repatriation and
resettlement .
Amnesty International (AI), in a September 1986 report titled
"Bangladesh: Unlawful Killings and Torture in the Chittagong
Hill Tracts," and other human rights groups have provided
accounts of violence and death in the Chittagong Hill Tracts
and accused the Government of sanctioning unlawful killings.
The Government has denied the allegations contained in the AI
report. The Chittagong Hill Tracts are generally off-limits
to foreigners, and contact between tribal people and foreigners
has not been encouraged by the Government. As a result.
1116
BANGLADESH
independent investigation of allegations of abuse has been
almost impossible. In 1987 the Government organized a 1-day
visit to the Hill Tracts for chiefs of diplomatic missions and
allowed several diplomats and journalists limited access to
certain areas. The outcome of these trips was inconclusive.
However, the Government has agreed in principle to allow AI
representatives access to the Hill Tracts to investigate
allegations of abuse, and AI is currently negotiating with the
Government on a mutually acceptable date, possibly in early
1988.
The tribal leaders continue to demand the preservation of their
autonomous culture and an end to ethnic Bengali settlement in
the Chittagong Hill Tracts. No new settlers have entered the
Hill Tracts for at least 2 years, following a government
decision to restrict such settlement.
During the November political unrest, at least 11 people were
killed in clashes between police and demonstrators. The
administration issued "shoot on sight" orders November 12 to
law enforcement personnel to prevent looting, arson, and
bombing, though these orders were rarely carried out.
Violence also increased on school campuses, particularly at
Dhaka University, where student groups affiliated with
political parties took up arms against each other and the
Government. Skirmishes between students and police resulted
in injuries and sometimes death. Following the death of an
opposition student leader in an explosion in March, police and
students clashed at the University. In another campus
incident, two students and a rickshaw driver were killed in
July in a gun battle between student groups affiliated with
two opposition parties. The University then closed "sine
die;" it reopened September 27 only to be closed indefinitely
after the imposition of the state of emergency. In August, in
an apparent move to stop the violence. President Ershad
disbanded the Government's student organizations, but not
those affiliated with opposition parties, and called for an
end to party politics on campus.
b. Disappearance
There were no confirmed reports of disappearance resulting
from official actions. Armed tribal insurgents in the
Chittagong Hill Tracts, however, have reportedly kidnaped
persons in raids on Bengali villages.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
AI, in a June 1986 report titled "Torture in Bangladesh
1983-1986," reported that the Directorate General for (Armed)
Forces Intelligence tortured some political prisoners held for
short periods of interrogation. Many of the prisoners who
were reportedly tortured were student activists. The
Government has not responded to a 1986 AI request to undertake
impartial and independent investigations into allegations of
torture and file criminal proceedings against law enforcement
personnel when justified. The 1972 Bangladesh Constitution
specifically prohibits torture, although the articles in the
Constitution prohibiting torture were in suspense while
martial law was in effect from 1982 until late 1986.
AI and other human rights groups have charged that security
personnel in the Chittagong Hill Tracts have tortured tribal
villagers. The military stated that it investigated several
1117
BANGLADESH
such allegations of torture and mistreatment by soldiers which
occurred in the Hill Tracts and punished violators accordingly.
There is some evidence that the military did follow a policy
of reprisals against tribal villagers in 1986, but it was
apparently abandoned in 1987. Human rights groups have asked
the Government to protect the rights of tribal people,
particularly property rights, against settlers from other
parts of the country.
Police treatment of accused criminals is often rough and can
include abusive interrogations and beatings, but reports of
fatalities from such mistreatment are rare. Punishment of
police and jail officials involved in mistreating prisoners
sometimes takes place in cases where the victim or his friends
and family can attract publicity, but mistreatment of ordinary
citizens often goes unpunished.
Bangladesh has nearly 26,000 prisoners in jails throughout the
country, according to the Home Minister. The jails reflect the
country's extremely poor living conditions. In its 1986 report
on torture, AI stated that cells for prisoners in the Dhaka
cantonment had neither light nor furniture, and that the grill
door to many cells was covered by a wooden board, increasing
the sense of the prisoner's isolation. As is customary in
South Asia, in the larger prisons prominent persons and
political prisoners are held in conditions which are markedly
better than those afforded to ordinary criminals. Prospects
for the implementation of prison reforms remain slight.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under the Special Powers Act of 1974, the Government, through
the Ministry of Home Affairs, can detain a person whom it deems
a "threat to the security of the country." Initially, the
Government can detain the person for 1 month; by the end of
that month, the Government must provide the detainee with a
specific charge for his detention. If the Government does not
provide a specific charge, the detention is considered
"illegal" and the person is released. If the Government
brings a specific charge against the detainee, he can be
detained indefinitely. In practice, although not in the law,
the detainee is given 15 days to respond to the specific
charge in writing to the Ministry of Home Affairs. The
Ministry can then grant early release. The detention is not
reviewed by a judge. After 6 months, a review committee of
three jurists examines the case to ascertain if there is
sufficient reason to continue the detention. If the
Government adequately defends its detention order, the
detainee remains imprisoned. If the Government fails to
convince the review committee, the detained person is released.
The detained person has the right to see a lawyer upon
detention. In practice, however, a lawyer is generally not
allowed to see the detainee until a specific charge has been
filed.
The Act was invoked widely in 1987. During the opposition
protest movement against the President in the autumn,
thousands of opposition activists were arrested. The Home
Minister said 4,832 persons were arrested from October 25
through the end of November, a period of heightened political
activity. Of these, 2,465 were taken into custody after the
proclamation of a state of emergency. The two major
opposition leaders, Khaleda Zia, head of the Bangladesh
Nationalist Party, and Sheikh Hasina Wajed, leader of the
Awami League, were placed under house detention from November
1118
BANGLADESH
11 to December 10. Members of the opposition, student
activists, and businessmen who had not repaid loans were also
detained under the Act. The organization of political
activities against the Government and participation in
demonstrations prompted the Government to detain individuals,
although the authorities generally sought to notify families
expeditiously of the detainees' whereabouts. The arrests and
detentions disrupted the organization of antigovernment
political activities. Altljough these powers provide broad
flexibility, the Act was breached by the authorities' failure
to comply with time limits or to produce a prisoner before a
magistrate. In its 1987 Report, covering 1986, AT expressed
particular concern about the short-term detention of hundreds
of government opponents at times of parliamentary and
presidential elections, when specific restrictions were
imposed on political activities.
The right of a person in detention to a judicial determination
of the legality of the detention is found in local law. Some
prisoners released as a result of such determination, however,
reportedly were arrested again within 24 hours. Bangladeshi
legal and human rights organizations reported cases of
suspects arrested on minor charges who remained in jail for
long periods without trial.
There was no report of forced labor.
e. Denial of Fair Public Trial
Civil and criminal cases are heard by civilian courts in
public trials in which the right to counsel is respected.
Civil courts are overburdened and available only to those who
can afford representation but are generally considered fair.
Processing cases can be both time-consuming and expensive,
working a hardship on the vast majority of litigants and
discouraging many from seeking redress through the courts.
There are few legal aid programs to assist litigants.
As of April 1987, over 500,000 criminal and civil cases were
pending adjudication in the country's courts. Despite a
deadline of 240 days for disposal of criminal cases at the
district level and 120 days for disposal at the magistrate's
level, delays were common. An acute shortage of judges and
the failure to provide new judges with adequate training
prevented the timely dispensation of justice.
A program to disperse magistrate courts to the Upazilla
(subdistrict) level of government and decentralize the
administration of high court appellate branches failed to win
support from the bar. While many considered court
decentralization an important step in bringing judicial relief
to the majority of the population living outside the capital
city, lawyers protested and forced some magistrate courts
functioning at the subdistrict level to close. A strike by
the Supreme Court Bar Association further delayed the
administration of justice. In November lawyers went on strike
nationwide. Courts continued hearing cases during the strike,
but litigants were deprived of legal counsel.
Bangladeshi human rights groups do not maintain statistics on
the number of political prisoners in the country, and estimates
vary widely. Political prisoners are arrested under the
Special Powers Act and charged under criminal statutes. These
statutes do not generally violate human rights standards,
although Section 144 of the Criminal Code restricts the right
1119
BANGLADESH
of assembly, when invoked. Another exception would be the
prohibitory orders, which included bans on processions,
demonstrations, meetings, strikes (the latter for 2 months)
and criticism of any government decision or action, issued
under the emergency. The judiciary in Bangladesh is generally
considered independent, although pressure may be brought to
bear in political or security cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law reguires a judicial warrant before authorities enter a
home, and courts reguire evidence supporting a reasonable basis
of suspicion before issuing a warrant. However, Bangladesh
authorities are known to have entered the homes of opposition
leaders, detained persons, and searched their premises without
warrants. Wiretaps are believed to be used selectively, as is
the monitoring of correspondence. The Government maintains
civilian and military intelligence services which concern
themselves, in part, with domestic events. The influence and
capability of these services is thought to be growing.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is provided for in the Constitution. The
Government owns and operates all radio and television
facilities. For most of 1987, as in previous years,
Bangladesh television and radio focused heavily on the
activities of government leaders and virtually neglected the
opposition. In the print media, the Government controls one
of Dhaka's four English-language daily newspapers, a Bengali-
language daily in Dhaka, and a Bengali-language weekly through
two national press trusts. The Government also owns the major
Bangladesh Nevjs Agency (BBS) as well as a daily newspaper in
the regional city of Rajshahi. Three of the Dhaka English
dailies and most of the many Bengali-language periodicals and
newspapers, however, are privately owned; some are supported
by political parties and reflect various political views.
There are 61 dailies and 218 weeklies in the country. Major
newspapers report on both the Government and opposition,
although coverage of opposition political activities is
usually somewhat less extensive than that of official
activities. The Ministry of Information issues informal
directives, often at night by telephone, on how a newspaper
should report an event.
In 1987 the Government exercised its authority under the
Special Powers Act to ban foreign and domestic publications.
As part of the state of emergency declared by President Ershad
in November, a news ban was placed on foreign and domestic
journalists; journalists were told that they could only report
news which came from the Government. Violators of press
restrictions could be jailed for up to 3 years, and foreigners
could be deported.
The Government stopped publication of the weekly Amar Desh in
February for printing an editorial critical of the Government.
The weekly resumed publication in March. The daily Banglar
Bani, closely associated with the opposition Awami League, was
closed in August under provisions of the Special Powers Act
for alleging that the Home Ministry supplied arms to the
government-supported Jatiyo Party. The Government also banned
the Bengali weekly magazine Robbat on December 3 for publishing
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BANGLADESH
objectionable articles. The Bangladeshi correspondent for the
British Broadcasting Corporation (BBC) was arrested in Dhaka
November 23 under the Special Powers Act and was released
December 8. A few photographers were beaten by police during
a general strike in July. On December 11, the Government shut
down operations of the BBC in Bangladesh because of its
allegedly biased reporting. A BBC correspondent was asked to
leave the country on December 12. Two books published outside
the country, one concerned with Bangladesh's political
development and the other with the Prophet Mohammad, were
banned in August. A popular weekly, Jai Jai Din, banned in
1985 and reopened briefly in 1986, was not allowed to publish
in 1987. However, the weekly newspaper of the Communist Party
of Bangladesh, banned by the Government in 1986, resumed
publication in April 1987. Selected editions of foreign
newspapers and periodicals were also banned or "delayed" by
Customs authorities.
With the imposition of the state of emergency on November 27,
printers, publishers, and editors of all newpapers were
forbidden to criticize directly or indirectly any government
decision or order. Newspapers, therefore, virtually ceased
coverage of opposition political activities. Restrictions
began to be relaxed after approximately 2 weeks, however, and
government-controlled newspapers, in an unprecedented change
of government policy, began on December 11 to carry statements
by opposition leaders.
The Government approves and licenses newspapers, and only
licensed newspapers are able to purchase newsprint and obtain
government advertisements. Financial difficulties make most
publications dependent on advertisements from the Government
or government owned corporations, which reportedly account for
75 percent of advertising revenues. Although all newspapers
are entitled to receive public sector advertisements if they
meet minimum circulation requirements, publishers complain
that the Government uses advertisements as a means of
controlling the press.
Under a 1987 ordinance, authorities censored plays and
required drama groups to obtain certificates from a censorship
committee. The Inspector of Police was given wide powers over
drama, mime, and dance, including free entry into halls during
shows and authority to stop performances at any time.
President Ershad suspended implementation of the ordinance
after widespread protests.
Prior to the state of emergency, students were free to express
a wide range of political opinion through campus organizations
and their publications. Taking advantage of the relative
freedom enjoyed on the Dhaka University campus, opposition
parties criticized the Government through their student fronts
and organized antigovernment activities there which sometimes
turned violent. In August, in an apparent move to stop the
violence. President Ershad disbanded the Government's student
organizations, but not those affiliated with opposition
parties, and called for an end to party politics on campus.
b. Freedom of Peaceful Assembly and Association
The Government allowed the major opposition parties to campaign
openly and protest peacefully until many opposition activists
were detained beginning in late October. A ban on assemblies
of more than five persons in the Dhaka metropolitan area was in
effect from November 9 to 15. It was not, however, enforced.
1121
BANGLADESH
Workers in Bangladesh enjoy a limited right to associate, to
organize, and to bargain collectively. Although the right to
strike is not provided in the law, labor strikes and general
strikes are accepted forms of protest in Bangladesh. However,
the Government banned strikes and lock-outs for a 2-month
period from November 27 when the state of emergency was
imposed. Despite this ban, the opposition continued to
organize nationwide strikes into December. Because of a low
level of industrialization, labor unions represent only 3
percent of the work force. Although only a small portion of
the work force is unionized, unions are powerful and important
in certain key sectors such as jute, tea, and transportation.
A survey of violations of trade union rights by the
International Confederation of Free Trade Unions, published in
June 1987, stated that the holding of elections and the lifting
of martial law in 1986 enabled trade unions in Bangladesh to
act with more freedom. The survey noted, however, that
Bangladesh's industrial relations legislation continued to
contain several restrictions on freedom of association and the
right to collective bargaining.
Unions are heavily engaged but of relatively little influence
in politics. Every major political party has a labor wing
which it uses on occasion to encourage workers to accept that
party's viewpoint. Most labor unions and their leaders shift
their allegiance toward the party in power to obtain an edge
over competing unions and to have a friendly ear in government
ministries. The Workers-Employees United Council (known by
its Bengali acronym SKOP) , a federation of trade unions allied
to opposition parties in a strongly antigovernment stance,
organized a successful 24-hour nationwide strike with the
support of opposition parties on July 12. A 48-hour general
strike October 19-20 which tried to win economic and political
concessions for labor from the Government, however, failed to
achieve its aims.
Unions are free to draw up their own constitutions and rules,
elect officers, and formulate programs. There are no
restrictions on joining confederations and affiliating with
international organizations. Union members need government
clearance to travel to international labor conferences and
attend programs sponsored by foreign labor institutions; such
clearances are routinely granted. Under a provision of
Bangladesh's labor law, the Government can suspend or dissolve
individual unions, although no such action was taken in 1987.
In theory, Bangladesh workers enjoy participatory rights in
all union business; in practice, these rights are often
violated by both employers and union leaders. Unions and
their members are also protected legally against antiunion
discrimination, although these laws are generally not enforced
and employers regularly fire workers for union activities and
harass union activists and leaders. Antiunion discrimination
is especially prevalent in the garment industry, where most of
the workers are young women.
Following labor agitation and violence against firms and
personnel in the Export Processing Zone in Chittagong, the
Government banned union activity there in 1985 in an effort to
enhance its attractiveness to foreign investors. This ban was
still in effect in 1987. Employers, through connections in
the Government and the military, sometimes draw out legal
actions that unions file against them until the cases are
eventually abandoned.
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BANGLADESH
c. Freedom of Religion
Predominantly Muslim (87 percent), Bangladesh continues to
permit conversion from one religion to another. Proselytizing
by Bangladeshi citizens is allowed under Article 41 of the
Constitution, subject to law, public order, and morality.
Proselytization is largely directed toward minority groups
such as Hindus and tribal peoples, who are generally Buddhist.
There is strong social resistance to efforts to convert
persons from Islam. The Ahmadiyya Muslim Sect has claimed
that its members cannot worship freely because of attacks by
Sunni Muslims and the occupation of several of their mosques
by local mullahs. The Government is not known to have been
involved in these incidents. Certain Islamic organizations
continue to voice concern over Christian missionary activities
and the conversion of Muslims to Christianity. Some Christian
missionaries face delays in renewing their visas and are
concerned that the Government might make it difficult for them
to stay in the country.
The Government has continued to pledge equality of treatment
and freedom of worship to Hindu, Buddhist, and Christian
minorities, who constitute approximately 13 percent out of a
total population of 104 million. Although this policy is
substantially respected, the numerical predominance of Muslims
contributes to minority concern.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Bangladeshi citizens are free to move within the country,
except within designated areas in the Chittagong Hill Tracts.
There are also areas near the borders from which nonresidents
are banned. Bangladeshis are generally free to visit and
emigrate abroad, subject to foreign exchange controls. In
some instances, persons deemed to be security risks are not
allowed to travel abroad. Civil servants must obtain
"no-objection certificates" from the ministry responsible for
manpower export to travel outside the country. The right of
repatriation is observed.
Approximately 250,000 non-Bengali Muslims, known as Biharis or
"stranded Pakistanis," remain in Bangladesh pending
resettlement in Pakistan. After independence in 1971, these
persons opted for Pakistani citizenship. Pakistan agreed to
take them back, provided financing for resettlement costs was
made available from outside sources. A Saudi-based Islamic
social organization continues its efforts to raise money for
resettlement costs. Camp dwellers may seek employment and
conduct other activities but face disadvantages as noncitizens.
Some Biharis have lost property as a result of laws
confiscating Pakistani holdings, but those who choose to
become Bangladeshi citizens are granted full rights of
citizenship. Biharis may apply for Bangladeshi citizenship at
any time.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
On November 11, 1986, President Ershad restored the
Constitution and ended the Martial Law Administration which he
had proclaimed in 1982. The lifting of martial law followed a
transition process in 1986 during which parliamentary elections
were held in May, President Ershad resigned from the Army in
August, and a presidential election was held in October.
1123
BANGLADESH
Several major opposition groupings, including the Eight Party
Alliance, led by the Awami League, and the Islamic
fundamentalist Jamaat-e-Islaami , won seats in Parliament but
did not participate in the presidential elections. The
Bangladesh Nationalist Party, founded by the late President
Zia and led by his widow. Begum Zia, boycotted both elections.
The opposition parties claim that the electoral process was
seriously flawed and have long demanded President Ershad's
resignation in favor of a neutral, caretaker government.
Parliament convened in two sessions in 1987. The winter
session (January-March) was the first attended by all members,
including the opposition, since the parliamentary elections of
May 1986. Byelections to fill vacant parliamentary seats took
place in February and June. The government candidates won by
lopsided margins in elections marred by strong-arm tactics and
charges of fraud.
Beginning in November, the law and order situation deteriorated
and the economy was severely damaged by a series of nationwide
general strikes organized by the opposition. On November 27,
President Ershad proclaimed a state of emergency under a
Constitutional provision stating that the President may issue
a proclamation if he is satisfied that the "security or
economic life of Bangladesh, or any part thereof, is threatened
by ... internal disturbance." The state of emergency, covering
the entire country, will cease to operate after 120 days
unless it has been approved by Parliament. The President may
revoke it earlier. The emergency was initiated by a 32-hour
curfew in Dhaka and four other large towns.
Under the emergency, the Government prohibited all political
activity including strikes, processions, rallies, and meetings.
"Indoor politics," however, was permitted again after 2 weeks.
Political parties were not banned. Many opposition activists
were arrested for violation of the emergency rules. Press
censorship made it more difficult for the opposition to
communicate or organize against the Government.
On December 6, the President dissolved Parliament, preempting
the likely resignation of the largest opposition party, the
Awami League. Under the Constitution, new parliamentary
elections must be held within 90 days from the date of
dissolution. These elections have been scheduled for March 3,
1988.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Several international nongovernmental human rights
organizations, including AI , the International League for
Human Rights, the Law Association for Asia and the Western
Pacific, and the International Commission of Jurists, continue
to be represented in Bangladesh. AI and other groups have
requested permission from the Government to travel to the
Chittagong Hill Tracts to investigate allegations of human
rights abuses by Bangladesh security forces. The Government
reportedly has granted permission in principle for AI
representatives to visit the Hill Tracts, and a mutually
acceptable date for the visit is now under discussion.
1124
BANGLADESH
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Underlying attitudes and social barriers circumscribing the
participation of women in activities beyond the home are
strongly entrenched and show few signs of weakening. For the
approximately 86 percent of Bangladeshi women who live in
rural areas, early marriage, high child-bearing rates, and
long hours of household labor leave little opportunity for
nonfamily interests or outside employment. Even in urban
areas and among the affluent, the traditional social system
makes women economically dependent on their husbands and other
male relatives. By custom and by Islamic tradition, women
occupy a subordinate place in Bangladeshi society. The ability
of a family to seclude its women is a symbol of middle or high
social status. Women are virtually absent from, the cash work
force, except in the export-oriented garment industry. A
woman's income is generally considered "supplemental" to that
of her husband; women are usually employed in different
occupations from those in which men are employed. However,
even when engaged in the same or similar work, women's wages
freguently lag behind men's.
The daily press testifies to a pattern of domestic violence
(murder, rape, torture), breach of matrimonial contract,
denial of inheritance rights, and desertion, which victimizes
women and is particularly acute among the poor. The rate of
suicide among women is reportedly almost three times higher
than the rate among men. The Government promulgated a
stringent ordinance in 1983 to deter such cruelties to women
as murder, kidnaping, abduction, and trafficking in women. In
the 17 months ending in June 1987, the Government reported
nearly 4,400 incidents of abduction, killing, and suicide of
women. The death penalty is imposed against those directly
responsible for "dowry killing" or for killing a woman in the
course of rape. "Dowry killings" usually share a common
theme: The bride's family has not made full payment of a
supposedly promised dowry, so the husband or his family
attacks and sometimes murders the bride. There is generally
little recourse for abused women, especially for crimes within
the family or home.
Members of minority religious groups are disadvantaged in
practice, although not in law, in their access to government
positions and political office. Members of some minorities,
principally Hindus, have lost or have had serious difficulty
retaining their properties as a result of prejudicial
administration of vested property laws which provide that
property belonging to persons who left Bangladesh between 1965
and 1971 should be managed by the Government. The Government
is authorized to use and sell this property, which it has
sometimes done to the disadvantage of the former owner.
Reports also persist that the property rights of tribal
peoples are being violated. Tribal land, for which there is
freguently no deed, is said to have been parceled out by
Bangladesh authorities to Bengali Muslim settlers. Over the
past decade, successive governments settled nearly 300,000
ethnic Bengalis in the Chittagong Hill Tracts, although there
have been no new settlers in at least 2 years. Tribal people
also face loss of land through failure to meet mortgage
payments, false deeds, and physical attacks. In areas where
the tribal insurgency is active, the army can take land
without compensation. Legal aid organizations based in Dhaka
1125
BANGLADESH
have been offering representation to a limited number of tribal
people illegally removed from their lands.
CONDITIONS OF LABOR
Regulations regarding minimum wages, hours of work, and
occupational safety and health are not strictly enforced.
Child labor is a serious problem. Bangladesh's labor law
stipulates minimum ages for various types of employment; in
industries where unions are strong, these minimums are
enforced, but the poverty of the country is such that children
are regularly engaged in any line of work they can get,
especially field work. The Employment of Children Act
prohibits the offering of employment to any person under 15
years of age but the Act is not enforced. As elsewhere on the
subcontinent, child labor is prevalent and an accepted
practice. The Bureau of Labor Statistics estimated the number
of child laborers at approximately 3 million in 1986. These
children pedaled rickshaws, worked as helpers in transport
services, carried loads at railway stations and river
terminals, and worked at construction sites.
1126
BHUTAN*
Bhutan has been ruled by the Wangchuck dynasty of hereditary
monarchs since 1907. Isolated in the Himalayas between India
and Tibet, the small Kingdom (approximately the combined size
of Vermont and New Hampshire, with a population of about 1.3
million) has been able to escape domination by any external
power since the 10th century. It was not until the rule
(1952-72) of King Jigme Dorji Wangchuck that a Bhutanese ruler
took steps to move the Kingdom from centuries of medieval
seclusion toward a more representative political system and a
better integrated, more productive economy. Although he
retained strong executive powers, the King created several
important institutions such as the National Assembly (1953),
the Royal Advisory Council (1965), and the Council of Ministers
(1968) to provide broader participation in the Government.
Serfdom was abolished, land reform introduced, laws codified,
and the judiciary separated from the executive.
The present monarch, Jigme Singye Wangchuck, has continued
Bhutan's social and political evolution, although progress has
been seriously handicapped by the Kingdom's limited
administrative capacity and resources. By all accounts, the
King is respected for his commitment to the welfare of his
people .
Bhutan remains, at least in terms of national income
statistics, the poorest country in South Asia and one of the
most traditional and least developed countries in the world.
The vast majority of the population is illiterate and rural,
following subsistence agriculture and pastoralism in a largely
barter economy. Bhutan has no written constitution or bill of
rights. Although the Bhutanese Government is still
essentially autocratic, knowledgeable Bhutanese report no
major violations of human rights in the Kingdom in 1987. Most
observers agree that the Kingdom suffers few of the problems
of disaffection and repression that afflict many Third World
countries undergoing more rapid change. The human rights
abuses that do exist are being remedied slowly as the country
modernizes .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known political killings.
b. Disappearance
There were no known disappearances.
*Bhutan and the United States have not exchanged diplomatic
representatives, and U.S. officials travel there infrequently.
Tourism is still in its infancy in the Kingdom, and few
scholars have published studies on the contemporary Bhutanese
polity or society. Information on Bhutanese practices that
bear on human rights is, therefore, neither readily available
nor complete.
1127
BHUTAN
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There is no evidence of cruel, inhuman, or degrading treatment
or punishment. Serious crimes are still rare, although
reportedly there has been a trend toward more criminal activity
in recent years with the growth of a foreign labor force in
the country, widening economic disparities, and greater
contact with outside cultural values. Punishments for most
crimes range from fines to imprisonment. Prison sentences
range from a few months for manslaughter to life for
first-degree murder, with little chance for remission.
Mutilation as a form of punishment was outlawed in 1965.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There is no special or preventive detention, and arrests can
be made only under legal authority. As far as is known,
neither exile nor forced labor is now employed as a form of
punishment .
e. Denial of Fair Public Trial
Criminal cases and a variety of civil matters are adjudicated
under an 18th century legal code that was revised in 1957 and
applies to all Bhutanese. Familial questions are resolved
according to the traditional religious norms of the two major
religious groups in the country: Buddhist law governs the
majority of Bhutanese, and Hindu law is applied in areas where
persons of Nepali origin predominate.
Although the legal system does not provide for juries, the
right to be represented by legal counsel, or due process in
the Western sense, trials are generally expeditious and
public. There are generally no prosecuting or defense
attorneys because there are insufficient lawyers in the
country to serve in these capacities. Judges, appointed by
and accountable to the King, are responsible for all aspects
of a case, including investigation, filing of charges,
prosecution, and judgment of the defendant. Knowledgeable
observers report that the system conforms to the local
population's concept of impartiality and justice. A separate
judiciary, established in 1968, provides for local, district,
and national courts with original and appellate jurisdiction.
Final appeals may be made to the King.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There are no written guarantees of privacy in the Bhutanese
system, but tradition has bolstered the concept. In practice,
the Government does not intervene arbitrarily or unreasonably
in the lives of the people.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
With an adult literacy rate of about 12 percent (as measured
by the United Nations Development Program), Bhutan's adult
population is relatively unaffected by the print media. The
Government's weekly newspaper is the country's only regular
publication. Indian and other foreign newspapers and
publications are distributed in Bhutan without apparent
government control. Bhutan has no television, and the one
1128
BHUTAN
radio station broadcasts for only 3 hours daily. Criticism of
the King is permitted in the National Assembly but not in the
public media.
b. Freedom of Peaceful Assembly and Association
No written guarantees of these freedoms exist, but Bhutanese
generally enjoy the freedom of peaceful assembly and
association. There are no private voluntary social, communal,
or economic associations and no professional or trade
organizations. With less than 1 percent of the population
employed in industry, Bhutan has no labor unions. There is no
collective bargaining, and no legislation addressing
labor-related issues.
c. Freedom of Religion
Buddhism is the state religion of Bhutan. The Government
subsidizes monasteries and shrines and provides aid to about
half of the Kingdom's 12,000 monks. The monastic establishment
enjoys statutory representation in the National Assembly and
the Royal Advisory Council, and is an influential voice on
public policy. Citizens of other faiths, who are mainly
Hindus of Nepali origin, enjoy freedom of worship. In an
effort to encourage national cultural integration, the King
has declared major Hindu festivals to be national holidays,
and the royal family participates in them. Foreign
missionaries are not permitted to proselytize in the Kingdom.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is freedom of movement within Bhutan for all Bhutanese
citizens, and no bar on emigration or foreign travel. For
many years Bhutanese traveled little inside or outside the
Kingdom, but the recent rapid construction of roads and the
establishment of air links with Calcutta and Dhaka have
encouraged travel. A policy introduced in the 1950's, which
prohibited the exiled leaders of an outlawed Nepali Bhutanese
political party from returning to the country, has been
liberalized to allow them to return at their request.
Bhutan traditionally has welcomed refugees and exiles from
other countries in the region. Some 6,000 Tibetans sought
refuge in Bhutan in 1959, joining approximately 4,000 Tibetans
already in the country. Because it perceived threats to its
national security from the Tibetan refugees' suspected lack of
allegiance to Bhutan, the Government required in 1979-80 that
the refugees either accept Bhutanese citizenship or face
expulsion. Although most Tibetans in Bhutan have accepted
Bhutanese citizenship, they have been assured by the
Government that they always will be free to return to their
homeland. The Government decided not to carry out its threat
to deport those who did not embrace Bhutanese citizenship.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The citizens of Bhutan do not have the right to change their
government. The Bhutanese political system is a traditional
monarchy, with sovereign and wide-ranging power vested in the
King. It is a highly elitist polity, with decisionmaking
centered in the palace and involving only a small number of
officials in the civil and religious establishments. Although
the present King and his father have endeavored to integrate
1129
BHUTAN
women and southerners (Nepali ethnics) into the body politic,
the system is still dominated by the male members of an
aristocracy of Tibetan Buddhist stock. Political parties do
not exist, and their formation is discouraged. Local
administration is carried out by centrally appointed government
officials. Villages, however, have the traditional right to
elect by consensus their own headmen, who form the lowest rung
of the administrative hierarchy. When the King is touring
outlying districts of the Kingdom (which he does freguently),
any citizen can flag down his car and present an aide with a
written petition, which is assured an official response.
The 150-member National Assembly is composed of 105 members
elected by limited franchise (heads of family in Hindu areas,
village headmen in Buddhist regions), 12 elected by the
monastic establishment, and 33 high-level officials of the
government administration appointed by the King. Its
principal functions are to enact laws, approve senior
appointments in the Government, and advise the King on matters
of national importance. It also provides a forum for
presenting grievances and rectifying cases of
maladministration.
Voting is by secret ballot, with a simple majority needed to
pass a measure. Government officials may be guestioned by the
body, and ministers can be forced to resign by a two-thirds
vote of no confidence. The King cannot formally veto
legislation passed by the Assembly, but he can refer bills
back to it for further consideration. The Assembly
occasionally has rejected the King's recommendations or
delayed their implementation, but the King has enough influence
to persuade the Assembly to approve any legislation he
considers essential or to withdraw any proposed legislation he
opposes .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No international agency or group is known to have sought entry
into Bhutan to investigate human rights conditions. No
nongovernmental human rights groups are known to exist in
Bhutan, nor do human rights appear to be a subject of domestic
political debate.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The status of women is higher in Bhutan than in many of the
surrounding countries. In contrast with some of its
neighbors, Bhutan has not developed a rigid caste system nor
customs which seguester or disenfranchise women. Boys tend to
outnumber girls by about 2 to 1 in primary school, but family
land is divided egually between sons and daughters.
The sexes mix relatively freely, marriages can be arranged by
partners themselves as well as by their parents, and divorce
is common. A man is allowed by law to have three wives, but
polyandry is not sanctioned. Legislation has been enacted in
recent years making marriage registration compulsory and
favoring women in matters of alimony. In 1985 some 10 percent
of the persons employed by the various government ministries
and departments were women.
1130
BHUTAN
The potentially most divisive issue in Bhutan is how to
accommodate the large (estimated at 20-30 percent) segment of
the population of Nepali Hindu origin. The country's Buddhist
majority has long been concerned about being outnumbered by
immigrants from Nepal, as occurred in neighboring Sikkim. In
the past, the Government responded to this concern by tightly
limiting immigration and restricting residence and employment
of the Nepali population to the southern part of the country.
More recently, the Government's policy toward the Nepali
minority has been liberalized. Intermarriages are being
encouraged (even the King's sister has married a Nepali
Bhutanese) , a percentage of students from one region is being
educated in another, and greater priority is being given to
the economic development of the south.
By law southerners are allowed to own land and establish
businesses in the north, and vice versa, but reportedly it is
sometimes still difficult for non-Buddhist Bhutanese (except
government officials) to buy property in Buddhist areas. More
and more young Bhutanese of Nepali origin are being brought
into public economic and administrative bodies. Laws
concerning land tenure and taxation in the south are being
liberalized as well. The requirement that Dzongkha, the
language of the western highlands, be taught in all schools is
said to disadvantage students from other areas, but in general
the Government is sensitive to the problems of national
integration and is attempting to eliminate the factors which
sometimes led Nepali Bhutanese to describe themselves as
second-class citizens.
Families with ties to the palace and senior levels of the
Government are strongly favored in their access to state
scholarships for foreign education, but the King is making a
serious effort to draw qualified persons from a broader range
of social and ethnic backgrounds into the prestigious civil
bureaucracy.
CONDITIONS OF LABOR
Bhutan has no minimum wage laws or other labor legislation
governing its small industrial labor force. Less than 1
percent of the population is employed in industry. Because
many Bhutanese prefer traditional agriculture to industrial
work and because there are few urban centers in the Kingdom
from which to draw manpower, disciplined workers are in short
supply and are highly prized by employers. The shortage of
labor in Bhutan is such that the larger industrial firms, all
of which were established relatively recently, are organized
along modern lines and incorporate a considerable amount of
labor-saving technology. No industrial plant employs more
than 60-70 workers, and most of these are guest workers from
Nepal. Apart from a few larger plants, the entire industrial
sector consists of home-based handicrafts and some 60 privately
owned small- or medium-scale factories producing consumer
goods. Children are not employed in industrial labor.
1131
EGYPT
Egypt is a republic in which the President and his party, the
National Democratic Party (NDP), are the major political
forces. The NDP commands large majorities in the two
parliamentary institutions, the People's Assembly and the
Shura (consultative) Council. Opposition parties, which in
1987 increased their representation in the People's Assembly,
monitor and criticize government policies and performance.
The Cabinet is headed by a Prime Minister responsible to the
President .
Hosni Mubarak, vice president under Anwar Sadat, was elected
President in 1981 after Sadat's assassination. He was elected
to a second 6-year term by the People's Assembly in July; in
accordance with the Constitution, his reelection was affirmed
by a popular referendum in October. The governmental and
legal systems are based on Egypt's Muslim and Arab heritage,
as well as the experience of the 1952 revolution. Western
influences are also present, reflected in the country's
Napoleonic legal code.
The state of emergency proclaimed after Sadat's assassination
has been maintained through extensions decreed by President
Mubarak, with the approval of the People's Assembly. Under
it, the President and his delegate, the Minister of Interior,
can suspend certain constitutional and legal safeguards
normally associated with the protection of civil and political
liberties .
In 1987 the Government primarily applied the emergency
legislation to Islamic radicals, several thousand of whom were
arrested after the attempted assassination of a former Minister
of Interior in May (most had been released by October) .
Leftists suspected of involvement in political violence were
also apprehended under the emergency law, as were a number of
drug smugglers and black market currency dealers. Islamic and
leftist activists are generally able to pursue their social
and political causes through legitimate channels such as the
People's Assembly, the judiciary, and the press. The Muslim
Brotherhood, a iong-banned political organization advocating
the establishment of an Islamic state in Egypt, was allowed to
enter into a political alliance with two opposition parties
and run a number of candidates in the 1987 parliamentary
elections. Opposition parties of the left and the right
function legally, and exert influence particularly through
their newspapers. The opposition parties have called for
amending the electoral law to allow direct election of
parliamentary candidates, and for the amending of the
Constitution to allow for direct presidential elections.
The preservation of domestic order and the protection of
national security interests are the responsibility of a number
of different organizations, each having specific areas of
responsibility and authority, although they may overlap to
some extent. Three separate intelligence services are
attached to separate ministries or executive authorities:
General Intelligence (GI) is attached to the Presidency,
Military Intelligence (MI) to the Ministry of Defense, and the
General Directorate for State Security Investigations (GDSSI)
to the Ministry of Interior. GDSSI is under the direct control
of the Minister of Interior, but a number of other police
departments, including the Central Security Forces used to
protect public buildings, facilities and foreign missions, are
the responsibility of Deputy Ministers of Interior.
Investigations pertaining to national security matters may be
1132
EGYPT
undertaken by any of the three intelligence agencies, depending
on the nature of the case. Riot and crowd control is generally
the responsibility of the Central Security Forces, although in
some cases the army may be used for this purpose.
Egypt's economy has diversified substantially over the past
two decades, with the traditional agricultural base
supplemented by the growth of industry, tourism, and petroleum.
While the public sector continues to dominate the Egyptian
industry, and an extensive network of food and energy subsidies
remains a burden on public finances, Egypt is committed to
economic liberalization and has targeted the private sector as
the engine for future economic growth. Economic reform
measures in 1987 included exchange rate unification,
agricultural liberalization, an export promotion campaign, and
budgetary controls. The Government's reform efforts were
endorsed by the International Monetary Fund, thereby paving
the way for a rescheduling of Egyptian
debts .
Reflecting increased security concerns in 1987, the Government
retained some restrictions on political activities and
continued its occasional use of emergency law authority to
detain suspects affiliated with groups advocating violence. A
series of armed attacks on public figures and American
diplomats in the spring led to an unusually large number of
arrests of Islamic extremists, but most were released after
interrogation. In general, observers continued to credit the
President in 1987 for protecting press freedoms, expanding
political participation, and resisting curbs on political
expression. He allowed previously restricted commentators to
publish their views and opened up the electoral process to
independent candidates holding a variety of political views.
While some Christians were concerned by the potential threat
to their rights posed by resurgent Islamic forces, the
Government generally demonstrated its commitment to protecting
minority rights. Coptic Pope Shenouda III, who has criticized
the Government in the past, publicly commended President
Mubarak and called on the Coptic community to support the
President's reelection. Forty-eight members of the Baha ' i
faith remained free while appealing their conviction in May in
a case that began in February 1985. The Baha 'is were charged
under a law, existing since Nasser, banning public Baha ' i
religious activities.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of government-instigated killings for
political reasons. A series of attempted assassinations
occurred in Cairo during May and June. Gunmen shot and
wounded former Interior Minister Abu Basha in front of his
house in early May. Similar attempts were made by small
groups of gunmen, armed with semiautomatic weapons, on the
lives of a well-known magazine editor and another former
Interior Minister, Nabawi Ismail. No one was killed in these
incidents. After identifying the assailants as probable
members of an extremist Islamic organization, the security
services arrested several thousand suspected sympathizers of
Islamic radicalism.
1133
EGYPT
In August the security services killed one member and captured
another leader of a radical Islamic group calling itself "The
Survivors of Hell." Members of this group were later charged
with responsibility for all three assassination attempts. In
November the Public Prosecutor announced the arraignment of 33
members of the group, accusing them of conspiracy to murder
public figures, the murder of a police officer, and membership
in an organization committed to the overthrow of the regime.
In May a different group of gunmen fired on three U.S.
diplomats riding in a car. All three escaped with superficial
wounds. A group calling itself "Egypt's Nasserist Revolution"
claimed responsibility for the attack. This group had
previously claimed responsibility for three separate attacks
in the past 3 years on Israeli diplomats in Cairo, which left
two Israelis killed and several others wounded. In September
the security services arrested a number of members of this
terrorist organization. A press ban was imposed on the Public
Prosecutor's pretrial investigation, but members of the
organization were expected to go to trial in the near future.
b. Disappearance
There were no known cases of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although torture and other forms of mistreatment are forbidden
by the Constitution and by law, there are periodic reports of
torture and ill-treatment of prisoners. Detainees and
prisoners who claim to have been tortured can and do appeal
for redress to the courts or the Public Prosecutor. After
investigations by legal and medical authorities, the appeals
sometimes have concluded with the Government's denial of the
alleged torture. In a few instances, the courts have awarded
financial compensation to torture victims. More often, the
Government has not revealed the findings of its investigations.
Information gained through torture is not admissible in court,
and the law provides that police and security officials
convicted of torture are subject to punishment. However,
reported cases of officials being penalized have been rare.
In November 1984, the Public Prosecutor initiated a major
investigation of torture incidents disclosed by the Supreme
State Security Court in the Al-Jihad case that ended in
September 1983. Although the defendants were accused of
assassinating President Sadat and planning an uprising in
Upper Egypt which they expected to spread throughout the
country, the court cited torture as a factor in its decision
to acquit 190 out of the 300 Al-Jihad defendants and reduce
prison sentences for others. In September 1986, the
prosecutor announced that torture charges against 44 police
officers and 4 court assistants would be referred to criminal
court. The prosecutor declared that, on the basis of 422
reports of torture of the Al-Jihad defendants, 28 torture
charges would be brought against the accused police officers,
while the investigation into 22 other charges would be
continued. The court suspended hearing the case in April,
however, after the attorneys for the torture victims raised
objections to the composition of the panel of judges, claiming
that two were sympathetic to the defendants. A decision is
still pending in the Cairo appellate court. If convicted, the
accused officers could face sentences of 3 to 10 years of hard
labor or imprisonment.
1134
EGYPT
Allegations of torture appear periodically in the opposition
press, and received renewed attention after the arrests of
Islamic activists following the attempted assassination of Abu
Basha in May. According to some reports, physical abuse of
these detainees occurred but ceased in August after Abu
Basha's presumed attackers were captured. The opposition
newspaper Al-Wafd has accused Interior Minister Badr of using
torture against Islamic activists suspected of involvement in
subversive or violent activity. Al-Wafd has published
photographs of the scarred bodies of Islamic activists who it
says were victims of torture inflicted in Egyptian jails and
prisons. The Egyptian Bar Association's Committee for the
Defense of Freedom has also charged the security services v^;ith
using torture against the defendants in the 1986 video club
arson cases.
In June the Ministry of Interior announced that three
individuals had confessed to the attempted assassinaton of
former Interior Minister Abu Basha. Subsequently, however,
the establishment press reported that the suspects had
retracted their confessions. Members of the "Survivors of
Hell" were later arrested and fomally charged with this
attempt and other acts of violence. In early December,
several opposition papers launched a strong attack on the
Ministry of Interior, charging that false confessions had been
extracted from the three original arrestees under torture.
The articles were accompanied by photographs of the three that
purported to show the effects of the torture.
In a newsletter dated June 22, Amnesty International (AI)
repeated earlier expressions of concern over "reports of
torture and ill-treatment in detention of alleged members and
supporters of Islamic groups." AI noted in its 1987 annual
Report that it had interviewed former prisoners who claimed to
have been tortured in Tora and Abu Za'abal prisons in 1986,
and that "official forensic medical reports stated that in
some cases, scars and injuries they had sustained were
consistent with allegations of torture." AI has sought urgent
assurances from the Government that all possible measures are
taken to ensure that torture does not occur, but noted in its
1987 annual report that it has not received replies to its
requests about torture.
Prison conditions and treatment vary considerably; some
facilities appear to lack adequate medical and sanitary
facilities. Tora Prison, in which the Al-Jihad convicts are
imprisoned, has a particularly bad reputation. Other prisons
provide better living conditions and offer inmates recreational
programs and vocational training.
The Arab Human Rights Organization, in its annual report
"Human Rights in the Arab Nation, 1987," criticizes what it
terms "the supervision" by officers of the General Directorate
for State Security Investigations (GDSSl) of the prison system.
The organization claims that the alleged GDSSI presence in the
prisons is a violation of Egyptian law, which provides for the
prison authority to have sole responsibility for prison
administration.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Two systems of criminal procedure are in effect: ordinary
criminal procedures and the emergency law. Under ordinary
procedures, arrests follow investigations, and arrested
persons are charged with violations of specific laws. With
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the exception of certain applications of the emergency
legislation, preventive detention is not practiced. Arrested
persons have the right to a judicial determination of the
legality of detention, and there is a system of bail. The
ordinary law states that a detained suspect must be brought
before a magistrate and formally charged within 48 hours of
his arrest or else released. By and large, there is careful
observance of constitutional and legal safeguards in the
arrest and pretrial custody stages. Arrests occur openly and
with warrants, and the accused are brought before an
independent judiciary. The Government does not appear to
practice incommunicado detention.
The major exceptions to the normal procedures arise when the
emergency law, which gives the Government extraordinary powers,
is applied. The Constitution and the Emergency Law of 1958,
as amended, empower the President, when security or public
order are in peril, to invoke emergency powers authorizing the
arrest and detention of persons suspected of being dangerous
to state security, irrespective of provisions of the penal
code. Detainees must be charged for specific violations of
the penal code if brought to trial, but may be held under the
emergency authority for the purpose of interrogation without
charge. Egyptian law specifies a wide range of offenses
deemed harmful to national security which may be tried before
a parallel system of state security courts under the emergency
law. In some cases, the President may order defendants in
state security cases to be tried before military courts,
although this prerogative is being challenged on constitutional
grounds. Amendments to the emergency law in 1982 expanded the
detainees' rights of appeal and provided for prompt redresf.,
including judicial review, against improper treatment.
Despite opposition complaints and hints from the Government
that the law would be abolished, the NDP majority in the
People's Assembly has repeatedly extended the law--most
recently in April 1986 for a 2-year period.
Under the emergency law a person may be held without charge or
due process for two renewable 30-day periods. After the first
30-day interval, the detainee is allowed to petition the state
security courts for release. If the court approves the
petition, the President or the Minister of Interior, acting as
the President's deputy, may exercise a veto over the decision
and keep the detainee in custody for another 30 days. Another
circuit of the state security courts then reviews the case.
If the second court orders the detainee's release, the
executive must accept the ruling. However, the Minister of
Interior may simply order the suspect's rearrest, thus
allowing the Government the right of indefinite detention of
suspects in state security cases through use of the emergency
legislation. In 1987 there were many reports of cases of such
repeated arrests, especially of Islamic activists. By October
most had been released.
The emergency law was invoked on a mass scale in May and June
against suspected Islamic extremists and several hundred drug
smugglers and black market currency dealers. Smaller numbers
of members of underground leftist organizations were also
detained, either for distributing banned political material or
for interrogation in connection with the "Egypt's Revolution"
case. There were also reports of radicals suspected of
violence who were detained prior to the People's Assembly
election in April and after sectarian disturbances. The
ordinary rules for arrest, trial, and detention were applied
in other instances.
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The emergency legislation, and the exceptional powers it
provides the Government, remain sources of controversy.
Opposition parties of both the left and right assert that
continued renewal of the state of emergency is inconsistent
with President Mubarak's gradual liberalization of Egypt's
political system. They argue that existing legislation is
sufficient to deal with threats to the security of the State,
and that the emergency legislation provides opportunities for
abuses. Supporters of the Government respond that real
threats to state security exist, as demonstrated by the series
of assassination attempts of May and June, and that the
Government needs the additional powers of detention, search,
and seizure provided by the emergency law to confront this
challenge.
Exile is forbidden by law. There have been no reports of the
use of forced labor, which is prohibited by law.
e. Denial of Fair Public Trial
Egyptian law provides for public trial and equal treatment
before the law, and these legal safeguards are generally
observed. However, provisions for public trials do not apply
in state security cases. Persons accused of certain security-
related offenses, which may trigger emergency law provisions
at the Minister of Interior's discretion, are usually tried in
closed session in the state security courts. The courts,
however, have procedural safeguards and seem to render
verdicts without brooking interference; ultimately they have
less independence than other courts because their decisions
may be challenged by the executive. The judgements of the
state security courts may be appealed to the Court of
Cassations (Supreme Court) . The law provides the President or
his delegate, in this case a committee in the presidency, the
authority to approve or disapprove all rulings of the state
security court system. The security courts handled a variety
of sensitive cases in 1987, at which all defendants were
represented by lawyers actively defending them.
No public statistics are available on the number of persons
serving prison sentences for acts of violent protest or for
membership in proscribed organizations espousing terrorism or
the violent overthrow of the State. However, based on the
convictions in the Al-Jihad proceedings as well as reports of
trials in the opposition press, the number may reach 150 to
200. The number of other detainees seems to have varied from
several thousand during periods of tension to very few. The
conviction and sentencing of nonviolent dissenters occurs
rarely, if at all. The emergency law provides ample authority
to detain without trial people believed to be planning violent
acts against the Government, and has been used often to detain
suspects for short periods of time for purposes of
interrogation.
While the judicial branch is not completely immune from
executive branch influence, under Mubarak the judiciary has
enjoyed an unprecedented degree of independence. Judges are
an increasingly important group in Egyptian society, and they
actively promote the rule of law. The High Judicial Council
is empowered to override decisions by the Ministry of Justice
regarding judicial appointments, promotions, and other
personnel matters. The Council of State, a court system
having jurisdiction over disputes between private citizens and
government agencies, is independent of the Ministry of
Justice, and the Council is effectively safeguarded against
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arbitrary dismissal of its members. Certain officials who
investigate the propriety of police charges against suspects
also have been given judicial immunity to protect them from
police pressure.
In a number of major cases, the courts have taken decisions
contrary to the desires of the executive branch, although some
of the most politically sensitive of these decisions have not
been implemented because of legal challenges by the Government.
A decision by the Supreme Constitutional Court, determining
that the 1983 amendments to the electoral law were
unconstitutional, contributed to a government decision to
dissolve the People's Assembly and hold new elections on the
basis of a revised electoral law. The courts also have lifted
the ban imposed by Sadat on political activity by both
conservative Wafdist and leftist Nasserist politicians.
A few important court decisions, however, have not been
implemented. When the State Council Administrative Court
ruled against the Ministry of Interior's calculation of the
final results of the April People's Assembly elections, the
Government blocked implementation of the decision by
initiating a series of appeals at different levels of the
judicial system. The case will probably end up before the
Supreme Constitutional Court. The Supreme State Security
Court ruled in April that railroad conductors who went on
strike in July 1986 had not violated the law. The
Presidency's Committee for Verification of Judgments rejected
the court's ruling and ordered the train conductors' case
retried before another state security court.
The trend toward increasing judicial independence is
paralleled by a growing interest in developing a human rights
curriculum in the universities. A number of them, including
at least two provincial universities, have established human
rights study centers attached to the faculties of law. The
university curriculum is set on a nation-wide basis by the
Higher Council for Universities, but individual professors
have been free to integrate human rights issues into courses
on international, civil, and criminal law. Egyptian jurists,
legal experts, and human rights advocates have also been
active in promoting an "Arab Covenant on Human Rights," and in
urging other Arab governments to accept the draft charter.
Two judicial institutions criticized by the opposition and
others as superfluous and potentially dangerous to the
judicial system are the Court of Ethics and its investigating
agency, the Office of the Socialist Public Prosecutor.
Created in 1980, the court is charged with trying offenders of
"Socialist values." In 1987 the Court continued to focus on
corruption and illegal business activities. The Office of the
Socialist Public Prosecutor functions as investigator and
prosecutor for the Court of Ethics. Its other tasks include
approving candidates for elective positions in the trade union
movement, professional syndicates, and the local government
councils, as well as performing security checks on appointees
to senior government positions. The Socialist Prosecutor may
impose travel bans on officials under investigation, and may
refer criminal cases to the public prosecutor.
Article 2 of the Constitution states that Islamic jurisprudence
is the principal source of law. The Government contends that
95 percent of existing law is consistent with or derived from
Islamic law, and senior officials in the Justice Ministry have
described Islamic law as the "basis of public order." However,
literal application of Islamic law is limited to the Family
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Status Courts, which have jurisdiction over such matters as
divorce and inheritance for Muslims. In addition to Islamic
law, these courts apply the codes of other religions in family-
matters if the parties are non-Muslim. In May 1985, the
People's Assembly debated proposals for the implementation of
the Shari'a (Islamic law) and voted by a large majority to
conduct a law-by-law review of all statutes in order to change
those conflicting with Islamic law. The review process is
expected to require years to complete.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Freedom from arbitrary interference in private life by the
State or by political organizations is provided for in the
Constitution. Except when the emergency law is applied,
police must obtain a warrant from the State Security
Prosecutor before undertaking arrests, searches, or seizures.
The warrant need not specify the material being sought in a
search, and the material seized can be presented as evidence
during trials. On occasion, the courts have dismissed cases
when they determined warrants were issued without sufficient
cause. Police officials who conduct searches without proper
warrants are subject to criminal penalties.
The emergency law empowers the President, or the Minister of
Interior acting as his deputy, to authorize searches of
persons or premises without following normal penal code
procedures. Reports in the opposition press have referred to
warrantless searches in connection with investigations of
extremist organizations, both Islamic and leftist.
The internal security services have the capability to monitor
telephone and other private conversations of the political
opposition and those suspected of illegal or subversive
activity, and are believed to use it to some degree. Routine
screening of correspondence, particularly international mail,
also appears to take place. However, monitoring of
correspondence or telephones legally requires the prior
authorization of the State Security Prosecutor.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the
press. People throughout Egypt openly express their views
without fear of retribution on a wide variety of political and
social issues, sometimes airing strong criticism of the
Government. The Government has reacted, infrequently, to
inflammatory remarks by some well-known extremists in public
settings. A lively debate of national issues and criticism of
government officials is evident in the media and in the
theater. A considerable quantity of commentary reflecting
differences of opinion appears regularly in the major
government-owned dailies and newsmagazines. The opposition
party newspapers and the publications of Islamic groups
contain a heavy dose of sensational stories and strong
antigovernment criticism. The emergency law can be used to
ban publications, but the only recent example involved a
September issue of the opposition weekly Al-Ahali, which tried
to publish an article concerning the ongoing investigation of
the "Egypt's Revolution" organization. After that article was
removed, Al-Ahali reappeared on the newstands. The press
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syndicate criticized the security services for confiscating
the newspaper without a written order from the Public
Prosecutor .
The opposition papers are free to publish stories supporting
the political inclinations of their sponsoring organizations.
Journalists and other persons slandered or maligned in the
press may sue in court or, in the case of journalists, raise
the matter with the press syndicate. By virtue of their
positions, the President and members of the People's Assembly
and the Shura Council may not sue for libel.
Nonetheless, the Government occasionally exercises influence
on the government-owned dailies and magazines, whose
editors-in-chief are appointed and can be dismissed by the
NDP-dominated Shura Council. The Council theoretically
supervises the press to some extent through the Government's
ownership of the major nonparty newspapers and magazines and
through the Higher Press Council. The latter, a 45-member
body chaired by the Speaker of the Shura Council and composed
of senior press figures, is not designed to facilitate press
censorship, nor does it appear to be a very active body. One
of the Higher Press Council's functions, however, is to
approve applications for new publications; some applications
to publish independently owned journals have been rejected or
delayed for lengthy periods. This approval, however, is
required only for publications appearing regularly on a set
schedule. Items appearing irregularly are published without
the Council's certification.
There is no overt censorship. Nevertheless, journalists and
editors working for the government-supported newspapers are
occasionally "guided" by officials about the treatment of
specific issues. Government guidance is given informally to
senior editors and board chairmen by senior officials such as
the Information Minister. This does not happen often; usually
the editors know the policy and are aware of the limits which
they are expected to observe. The Government does not give
such "guidance" to the opposition press. Since Mubarak
assumed the Presidency, there have been no confirmed reports
of government action to silence press critics. Press coverage
of the arrests of Islamic extremists and other sensitive
topics during the year were not censored, and opposition press
criticism of government policies ranging from the economy to
the peace treaty with Israel is often virulent. No journalists
have been arrested on political grounds, although moves have
been taken to lift the parliamentary immunity of two opposition
members of the People's Assembly so that they could be sued
for libelous articles appearing in the opposition newspapers
Al-Sha'ab and Al-Wafd. Two of the five Muslim and Coptic
religious publications suspended by the Sadat government in
1981 have yet to reappear in general circulation, despite a
1982 court decision canceling the suspensions. The Muslim
Brotherhood's Al-Da'wa remains banned, while the Coptic
Orthodox Church's Al-Kiraza Al-Marqusiya is only circulated
within church circles. The Government defends these
restrictions on security grounds as important for maintaining
communal peace.
A wide variety of foreign reading matter in Arabic and other
languages is available, although there are occasional reports
of the seizure or censorship of foreign publications.
In its 1987 Report, AI expressed concern that the state of
emergency legislation appeared to be used to silence criticism
1140
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of the Government, and said this concern was increased by
evidence that certain persons were arrested repeatedly.
b. Freedom of Peaceful Assembly and Association
Under the emergency law, the Government can place limitations
on the constitutionally guaranteed right of assembly.
Permission is required from the Interior Ministry to hold
public meetings, mass political rallies, and protest marches.
However, the Government has allowed opposition parties to hold
meetings and rallies, usually stipulating that they be held
indoors. In the campaign leading up to the April parliamentary
elections, the opposition parties held some public rallies,
generally without interference, although opposition sources
complained that obtaining official permits to hold the rallies
was often difficult. The Interior Ministry now usually allows
Islamic organizations to organize public religious ceremonies
on major holidays, but persons regarded as Islamic radicals
may still be denied permission to organize public assemblies.
Professional associations, in particular the bar association
and the press syndicate, regularly criticize government
policies in their pronouncements and occasionally sponsor
protest activities. The associations operate largely free of
government interference. In the most recent elections for the
governing boards of the bar association and the commerce and
engineers syndicates, there were no charges of official
intervention.
The law provides for workers' freedom to organize but does not
allow collective bargaining. Strikes are strongly discouraged.
About 20 to 25 percent of the work force is unionized. Every
50 workers in a given activity can form a committee, which
operates as a local union. These locals are affiliated with
national unions, all 23 of which are required to affiliate
with the sole labor federation, the Egyptian Trade Union
Federation (ETUF) . There have been complaints to the
International Labor Organization (ILO) that requiring all
unions to join a single national federation infringed upon
workers' right of freedom of association. A Government
commission is studying the possibility of amending the labor
laws to bring them into conformity with the ILO Convention on
Freedom of Association, but the Government has given no
indication that it will accept the establishment of more than
one labor federation.
Although public discussion about changing the labor law
continued in 1987, the debate largely focused on issues
unrelated to the ILO. Growing tensions between ETUF President
Saad Muhammad Ahmad and the Minister of Manpower culminated in
Saad Ahmad" s retirement. Government pressure on a number of
ETUF leaders to retire led some to charge that government
intervention in ETUF affairs was infringing on labor's
independence.
The trade unions' principal function is to defend their
membership's rights in dealing with management on such issues
as wages and working conditions. Although setting wages
through collective bargaining is prohibited, management is
required to consult closely with unions for this purpose. The
labor code also provides for a system of arbitration to
resolve wage and working condition issues, but is silent on
the right to strike. The law of national unity prohibits
strikes that threaten the national economy; the train
conductors who went on strike in 1986 were arrested under this
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provision. In practice, strikes are discouraged by both
government and trade union leaders.
ETUF eschews membership in international labor organizations,
except for the Organization of African Trade Union Unity, the
Arab Labor Organization, and the International Confederation
of Arab Trade Unions. However, the latter two suspended
Egypt's membership in response to the Camp David accords.
Despite ETUF ' S prohibition, some individual unions have
affiliated with international trade union organizations. ETUF
itself has signed various international trade union
agreements, one of them with the AFL-CIO. There appear to be
no restrictions on the international affiliations of
professional associations.
c. Freedom of Religion
According to the Constitution, Egypt is an Islamic state which
provides for freedom of religious expression and equality
before the law, regardless of religion. Egypt has a tradition
of religious toleration, and the authorities generally uphold
the rights of religious minorities. Islam and Coptic
Christianity are the two major religions. While most Egyptian
Jews emigrated many years ago, those few who remain appear to
practice their faith without restriction or harassment.
Synagogues and churches are routinely provided police
protection. Various Protestant sects operate, some with
significant Egyptian membership, while others have a small
following, largely among expatriates. All organized religions
which are recognized may maintain links with coreligionists
abroad. Those who engage in proselytizing Muslim Egyptians
may be prosecuted for "despising a heavenly religion" (Article
98f of the penal code) or under the broad terms of the law of
national unity, even though missionary work is not specifically
banned. Conversion from Islam, while officially not restricted
or penalized, is discouraged by the Government. Because there
is no civil marriage in Egypt, a non-Muslim man wishing to
marry a Muslim woman must first convert to Islam, although a
Muslim man may marry a non-Muslim woman without either party
changing religion.
In February 1985, the Government arrested 41 adherents of the
Baha'i faith, which is not considered a recognized religion
and is generally regarded by Muslims as apostasy from Islam;
reportedly, within a week those arrested were all released.
The press later reported that the State Security Prosecutor
declined to try the Baha'is because their ostensible offense,
belonging to an apostate religion, is not a crime under
Egypt's penal code; instead, he transferred the case to
another court for prosecution under statutes forbidding the
use of religion to promote seditious ideas and for the
violation of a 1960 law outlawing organized activities by
Baha'is. In April, a Cairo district court found 39 of the
Baha'i defendants guilty of violating the 1960 ban on the
Baha'i "spiritual assemblies," and sentenced them to 2 years
in prison and a fine. Two defendants who professed their
faith in Islam were found innocent. The Baha'is remain free
pending the resolution of an appeal to a higher court. It is
not clear when a final decision will be reached in this case.
If the appellate court upholds the verdict, the defense may
raise a further appeal to the Court of Cassation.
All recognized faiths can, in principle, establish places of
worship, run schools, and train enough clergy to serve
believers. Under a law dating back to the Ottoman era.
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however, non-Muslims must obtain a series of permits
culminating in a presidential decree to build or repair places
of worship. Obtaining authorization can take years, and is
often denied outright.
Coptic Christians, the most significant indigenous religious
minority, may constitute 10 percent of the population,
although their numbers are a subject of controversy. The
Government's official census for 1986 listed the total number
of Christians at slightly over 2 million, but this figure
almost certainly is a significant underestimation. Coptic
church officials claim 7 million or more.
Early in 1987, there were several outbreaks of sectarian
violence in areas of Upper Egypt which have a large Coptic
population, and two less serious incidents in the Delta.
President Mubarak, other government leaders, and prominent
members of the Muslim establishment responded by calling for
national unity and condemning sectarian violence as alien to
Egyptian national tradition and character. The Government
also has continued its practice of taking precautions, such as
posting security forces near Coptic churches. Pope Shenouda,
the Coptic Orthodox Patriarch, paid a highly publicized call
on the Sheikh of Al-Azhar during the Islamic holy month of
Ramadan, and the Sheikh paid a return call on the Pope at the
Coptic patriarchate in Cairo. Pope Shenouda also praised
President Mubarak's efforts to promote national unity.
Egyptian law prohibits the use of places of worship to
criticize the State. The courts have not yet ruled on a
challenge to the constitutionality of this restriction.
Although the Government maintains that sermons by Islamic and
Coptic religious figures are not censored, Muslim prayer
leaders are occasionally detained and guestioned for
delivering allegedly inflammatory declarations in their
mosgues. The Ministry of Awqaf (religious endowments) has
also been known to substitute imams for troublesome preachers
at mosgues under its control as well as to take over the
administration of some privately run mosques considered to be
the centers of antigovernment activity.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Egyptians are free to move within Egypt, except in
well-defined military districts; there are additional
restricted areas to which foreigners may not travel. Except
for limitations affecting males who have not completed
compulsory military service and restrictions imposed under the
state of emergency, freedom of foreign travel and emigration
is assured. Citizens who leave the country have the right to
return. Some who left for political reasons have returned
since President Mubarak assumed office. There are no known
cases of citizenship being revoked for political reasons.
Under the state of emergency, the Prime Minister has authority,
which he may delegate to the Interior Minister, to restrict
foreign or domestic travel. The opposition has alleged that
this emergency authority has been used to prevent suspected
Islamic militants from leaving the country. According to an
Interior Ministry statement of April 1985, fewer than 500
persons were subject to travel restrictions (in contrast to
45,000 in the Nasser era). All restrictions were imposed by
judicial order in accordance with penal code provisions and
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most of the persons had criminal cases pending. The situation
appeared materially unchanged in 1987.
Egypt has a liberal policy on political asylum, and the
extradition of those granted political asylum is prohibited by
law. In September 1985, the Interior Minister testified to
People's Assembly committees that Egypt had granted political
asylum to 3,000 citizens of other Arab countries. Sudanese
officials have sought the extradition of former Sudanese
President Jaafar Nimeiri from Egypt in the Egyptian courts,
thus far unsuccessfully.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Egypt's political system is characterized by a strong
presidency. The President heads the National Democratic Party
(NDP) , which wields a substantial majority in the People's
Assembly, but a number of opposition parties are allowed to
organize, publish their views, and represent their followers
in the People's Assembly and on the local level.
In People's Assembly elections in April, the NDP won 348
elected seats; while the center/right opposition New Wafd
Party won 36 seats: and the Alliance of the Labor Party, the
Liberal Party, and the semilegal Muslim Brotherhood won 56
seats. Eight independent opposition candidates were also
elected.
The Alliance, now the largest opposition grouping, supported
the reelection of President Mubarak to a second term, and has
given selective support to government policies. It has,
however, sharply criticized the Government's human rights
record, especially the treatment of Islamic activists.
The second largest of the five legally formed opposition
parties is the New Wafd, a revival of the Wafd, one of the
major political parties before the 1952 revolution which was
suppressed by Nasser. The New Wafd legally resumed activity
in 1983, following court decisions that restored its leaders'
political rights and affirmed the party's legal status. The
New Wafd generally supports the Government's foreign policy,
especially the moves toward reintegration into the Arab world.
The party has been critical of the Government's domestic
policies. The Wafd abstained in the People's Assembly vote on
the reelection of the President, arguing that the office of
the President should be contested in a direct election.
The Communist Party has been banned since the early 1950 's,
although the National Progressive Unionist Grouping, a bloc of
leftist factions including some Marxists, is legal. The NPUG
publicly opposed President Mubarak's reelection. A 1977 law
prohibits the formation of new parties based on religious or
class lines, or whose platforms duplicate those of existing
ones or include opposition to the Egyptian-Israeli peace
treaty. The law also established the so-called Parties
Committee which must approve the formation of new parties.
Applicants are entitled to challenge in court an adverse
decision by the Committee. In 1985 the sponsors of a proposed
Nasserist party filed suit when the Committee turned down
their application. The Administrative Court referred the case
to the Supreme Constitutional Court where the matter remains
pending. The Administrative Court stated that provisions of
the 1977 parties law may be unconstitutional because of
apparent contradictions with the political rights of citizens
)-779 0-88-37
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and their right to freedom of expression. Nasserist party
leaders continue to claim to be nearing completion of the
party's legal establishment, arguing that the ban on forming
new parties opposed to the peace treaty with Israel is
unconstitutional .
The People's Assembly comprises 458 members, of whom 10 are
appointed by the President. The President did not appoint any
opposition party members, in contrast to his action on the
1984 Assembly when he appointed five opposition deputies. The
Constitution reserves half of the elected seats for worker and
peasant representatives. The People's Assembly debates and
passes laws, and must approve the Government's budget and
general policies. Both NDP and opposition deputies can and do
strongly criticize the Government. Cabinet ministers appear
before assembly committees. Assembly members occasionally
call for parliamentary investigations of government actions or
policies .
In the April People's Assembly elections, the NDP and the four
legal opposition parties all fielded candidates. About 2,000
independents also competed for the 48 single-member
constituencies chosen by direct vote that were instituted
several months prior to the election. The opposition parties
raised complaints about the Interior Ministry's supervision of
the elections and calculation of the final results, but the
elections, in which about half of Egypt's approximately 14
million voters cast ballots, were generally regarded as the
freest and most competitive since the 1952 revolution. A
number of losing opposition candidates filed court cases
challenging the election results, and the State Council
Administrative Court ruled that the NDP should give up 17
seats to the Wafd and the Alliance opposition parties. The
Government has appealed this ruling; the case is still pending,
Despite the December 1986 amendment to the electoral law meant
to address constitutional concerns, a major opposition
complaint continues to focus on the party list system which is
used to elect the bulk of Assembly delegates. In each of the
48 electoral districts, assembly seats were awarded in
proportion to the number of votes for each party's list,
subject to the requirement that a party receive at least 8
percent of the total vote. The opposition parties have
criticized this "8 percent" proviso as excessively high, and
have filed court suits challenging its constitutionality on
the grounds that it infringes upon the equal rights provisions
of the Constitution.
Political activity along religious lines is forbidden, and
various Islamic and Coptic societies are legally proscribed.
Although the Muslim Brotherhood (MB) is technically banned,
its activities are tolerated so long as they do not threaten
state security or foster sectarian tensions. In May 1985, the
courts ruled that mere membership in the MB is not a criminal
offense. An MB lawsuit, seeking restoration of its legal
status, is still pending. Following its short-lived 1984
alliance with the New Wafd, the MB in 1987 entered into a
political agreement with the Labor and Liberal parties.
Although a precise count is impossible because neither the MB
nor the Government will provide a list of MB members, about 35
MB members ran as part of the so-called Alliance and won seats
in the People's Assembly elections in April.
1145
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Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has responded to some queries from AI and other
international groups about human rights concerns, including
requests for visits. Within the Government, primary-
responsibility for international human rights matters rests
with the Foreign Ministry's Legal Office and Office of
International Organization Affairs.
Human rights groups in Egypt are increasingly active in
promoting domestic and foreign human rights issues. Their
activities cover such areas as prisoners' welfare and women's
rights; some groups are also trying to mobilize public support
on certain political issues. Local human rights groups include
the Arab Human Rights Organization, the Egyptian chapter of
the Arab Human Rights Organization, and the Society of Human
Rights Supporters. The Egyptian chapter of the Arab human
rights committee has contacted the Ministry of Interior
directly on human rights issues. Women's rights groups
actively lobbied for passage of the family status bill enacted
by the People's Assembly in July 1985. The Government
generally does not interfere with these organizations, though
it reportedly did not permit the holding of one conference in
Cairo sponsored by the Arab Human Rights Organization in 1986.
In its 1987 Report, covering 1986, AI noted that it had
received no replies to two requests it had made to the
Government for information on torture in Egypt. AI ' s
newsletter of June 22 reiterated previously expressed concerns
over torture allegations and repeated its list of recommended
safeguards. The newsletter also noted AI ' s concern at Egypt's
practice of mass detention under the emergency legislation,
arguing that changes should be made in legislation to ensure
that persons engaged in nonviolent political activity are
protected from arrest.
Egypt has signed the Organization of African Unity's African
Human Rights Charter and has reaffirmed its commitment to the
U.N. Human Rights Declaration and respect for related
international conventions.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The law provides for equality of the sexes. Women are
increasingly well represented in medicine, law, education, and
the military (in the medical units). They vote and serve in
the People's Assembly and the Cabinet. However, a married
woman must have her husband's permission to obtain her initial
passport. A husband may rescind his permission and request
that his wife's passport be canceled, but such cases are rare.
A married or divorced woman also may not take her children
abroad without her husband's permission. Under Islamic law,
female heirs are entitled to one-half the amount of inheritance
that male heirs can receive. However, male heirs have a duty,
which females do not share, to provide for all the members of
the family who need assistance. In rural areas and within
more traditional communities, prevailing cultural values make
it more difficult for women to pursue careers outside the
home. In such households, by custom and tradition, women
occupy a subordinate and dependent role. Although no recent
1146
EGYPT
statistics are available, women employed in nonagricultural
work are generally paid at about 65 to 75 percent of the rate
received by men.
The revised Family Status Law, enacted in July 1985 with
strong support from President Mubarak, amplified the legal
basis for eguality of the sexes. The statute largely
preserved women's right to divorce and divorced women's child
custody and property rights, spelled out in a 1979 act which
had been declared unconstitutional on narrow technical grounds
by the Supreme Constitutional Court. Although the 1979 statute
provided that a husband's second marriage was sufficient
grounds for the first wife to obtain a divorce, the new version
required proof that the second marriage had caused her material
psychological harm. On the other hand, the new law also
required the husband to declare second and subsequent
marriages, with failure to do so constituting grounds for
divorce by the first wife. The successor law retains the
controversial provision that, in case of divorce, the woman
has the option of retaining possession of the family residence
or of receiving financial compensation.
Coptic Christians work in all career fields, occupying many
leadership positions in the business and professional
communities. Copts continue to enjoy access to public
employment, although there appear to be instances of
discrimination. Coptic representation at the highest levels
of government increased slightly--f rom 2 to 3 of 32 cabinet
ministers and from 9 to 11 of 458 People's Assembly deputies —
following this year's parliamentary elections and minor
cabinet reshuffle. Copts seldom advance to the senior ranks
of the military, security, or diplomatic services, but there
are occasional exceptions.
University officials have denied allegations that general
admissions procedures were revised in the fall of 1984 in
order to discriminate against Copts. Some Copts allege that
they are discriminated against in admissions to some fields of
medical study. There are also reports that universities have
effectively blocked Coptic professors from becoming
administrators and chairmen of certain departments. The
Government has denied a request to establish a Coptic
university.
Though religious minorities face social prejudice and
individual acts of discrimination from some Muslims, there is
no evidence that these acts are officially inspired. President
Mubarak has emphasized publicly the full equality of Copts and
other religious minorities. The courts' application of Islamic
law to family matters in the Muslim community (marriage,
inheritance, personal property) --and the Islamic influences
elsewhere in the legal system--have not affected the
constitutionally guaranteed freedoms of Copts and other
minorities .
CONDITIONS OF LABOR
Employers are required by law to provide acceptable terms and
conditions of employment for their workers. The minimum wage
is approximately $22 a month, and the regular workweek is
fixed at 48 hours for factory workers. Government subsidies
on basic necessities support all low wage earners.
Employers are legally required to meet worker safety and
health norms, which are modeled on the ILO's suggested
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EGYPT
standards. There are special provisions for female workers.
Employers who violate wage, hour, and safety and health
provisions face civil and criminal penalties. Labor
inspectors enforce these provisions with varying degrees of
success. Employers are seldom prosecuted but independent
sources confirm that the courts occasionally impose fines on
offending companies.
The minimum age for full-time employment is 12, which is also
the minimum school-leaving age. Certain forms of dangerous or
heavy labor, such as mining, are not legal for children aged
12 to 18. There is evidence that the traditional practice of
using underage children to perform full-time jobs continues,
particularly in the rural areas. Growing numbers of children
in urban areas work as families confront the need to boost
their income. Newspaper articles in both the progovernment
and opposition press have charged that several million
children may be working full time in violation of the labor
law.
1148
INDIA
The Republic of India is the world's most populous democracy,
with a secular political system that melds Indian political
traditions with the British parliamentary system. India
regularly holds free elections at the national and state
levels. As the result of general elections in 1984, Prime
Minister Rajiv Gandhi's Congress (I) Party holds almost 80
percent of the seats in the Lok Sabha (the lower house of
India's Parliament) and controls the upper house (Rajya Sabha)
by a substantial majority. Congress (I) also rules 12 of the
25 states and is minority partner in coalitions that govern 2
more. As the result of elections in 1987, Congress (I) lost
control of the state governments of Mizoram and Haryana; in
Kerala, the front in which Congress (I) was a leading partner
lost control of the state in elections in April. The elected
government in Punjab was dissolved in May following problems
of law and order related to political disputes.
The internal security apparatus of India is a complex weave of
national and state-controlled paramilitary and police forces.
All derive their authority from the Constitution. The Union
Ministry for Home Affairs controls the Indian Police Force
(the overarching all-India police bureaucracy), the
paramilitary forces, and the intelligence bureaus. State
governments control their own police forces, the provincial
armed constabularies (if any), and some specialized police
forces. Over the years since independence, control of law and
order operations has come increasingly under the purview of
the Home Ministry. This tendency has been fueled in part by
the rapid growth of the intelligence bureaus, which function
with little reference to the state governments. The growing
use of paramilitary forces for internal control, such as in
Punjab, has also contributed to the centralizing tendency. In
recent years the military forces have also been used for
internal control--notably in the 1984 army raid on the Golden
Temple complex in Amritsar, Punjab.
The Indian economy is mixed, with the central and state
governments owning and operating banks, air and rail
transport, public utilities, and much heavy industry. The
agricultural sector, manufacture of consumer goods, some heavy
industry, and services other than financial are largely in
private hands. Some rules regulating private economic
activity have been relaxed recently.
India is officially a secular state. Approximately 83 percent
of its population are Hindus and 11 percent Muslims with
smaller proportions of Jains, Buddhists, Christians, Parsis,
Sikhs, and animists.
The overall Indian human rights situation in 1987 remained
relatively unchanged, but there was some variation in practice
from state to state. India remains a basically democratic
polity with strong and legally respected safeguards for
individuals, but its many domestic difficulties continue to
generate significant human rights problems.
The most serious human rights concerns in India in 1987 *«7ere
continuing intercaste violence linked to criminal elements,
especially in the state of Bihar; continuing violence in
Punjab and the incommunicado detention of suspected security
risks for prolonged periods without charge; the growth of
communal and quasi-religious gangs as a political force;
controlling and punishing police accused of mistreating
arrested suspects; alleged government pressure against
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INDIA
newspapers which criticize the Government with too much zeal;
and concern over women's rights in connection with "dowry
deaths" and a prominent instance of "sati," i.e.,
self-immolation of widows.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The Government does not sanction political killing. On the
other hand, local political parties are often involved in
violence which is communal or caste related.
Intercaste and political violence occurred frequently in 1987
in the eastern state of Bihar, where social tension continued
to fuel violence by landlords, sometimes with links to
criminal elements, politicians, and local police, against
disadvantaged classes seeking improved economic and social
conditions. In mid-April landlords belonging to the Rajput
caste reportedly instigated the killing of seven Yadavs (a
pastoral caste) in Chechhani village. In late May, in
retaliation, a large mob destroyed two Rajput villages,
killing 55 people. Local authorities blamed the latter
incident on "Naxalites" (a generic and sometimes misapplied
term for Maoist radicals active in Bihar and elsewhere) . In
August a leader of the Jharkhand Mukti Morcha, a front
agitating for formation of a separate tribal state, was
murdered. Some observers have noted a connection among
certain politicians, criminal gangs, and some landlords in
rural areas, where private armies and local police are used to
resist demands for social and economic change. In turn, lower
castes have increasingly joined the activities of radical
organizations. The Bihar state government has not been
effective in coping with the violence; the Bihar director
general of police admitted in a March interview that brutality
and corruption plague his police force.
In Punjab, the level of killings decreased somewhat after the
central Government imposed President's rule in May, replacing
a government elected after the signing of the Punjab Accord of
1985 which had attempted to restore political normalcy to this
troubled state. Most victims of this violence were Sikhs,
victims of violence committed by other Sikhs rather than
Hindus. However, Sikh terrorists were allegedly responsible
for 2 massacres of bus passengers in which 76 people, mostly
Hindus, lost their lives. Estimates of killings by terrorists
vary, but all exceed the total for 1986 (approximately 525);
according to one newspaper, 674 people were killed by
terrorists in Punjab between January and August 1987. Neither
the press nor the Government, however, distinguishes between
terrorist deaths and those resulting from common crime, of
which there is a high incidence in Punjab.
In 1987 the Government tabled in Parliament the report of the
Misra Commission, created to investigate the anti-Sikh riots
in 1984. The report was highly critical of police actions and
stated that the army should have been called out sooner to
suppress the riots. Some human rights activists have
complained that the report ignores allegations that important
Congress (I) members instigated rioting in some areas.
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INDIA
According to government figures, communal violence, primarily
Hindu-Muslim, took 167 lives in India in the first half of
1987, compared with 184 in all of 1986. The most notable
incidents of Hindu-Muslim violence were in Uttar Pradesh and
Gujarat. Hindu-Sikh clashes in Delhi also recurred, but were
kept in check despite several massacres of bus passengers in
the Punjab and shootings by unknown gunmen in June and October
which left 13 and 9 dead, respectively. From time to time,
reports continued to appear in the press of murders of
untouchables (Harijans) by higher-caste Hindus.
Much of the Hindu-Muslim violence took place in Uttar Pradesh,
where in Meerut alone 117 people died in riots in April and
May. In a highly publicized incident in May, members of the
Provincial Armed Constabulary (PAC) were sent to Maliana, a
village near Meerut, to prevent the outbreak of communal
hostilities. Reports state, however, that they set Muslim
houses and shops on fire and shot people indiscriminately as
they fled the blazes. There were also reports of the PAC
rounding up young Muslim men in Hashimpura, a section of
Meerut, and allegedly killing some and dumping their bodies in
a nearby canal. In a special report released November 1,
Amnesty International (AI) said there is strong evidence that
the PAC deliberately killed dozens of unarmed civilians and
caused dozens more to "disappear." The state government
announced that it would conduct an inquiry into the incidents.
Communal hostility in Uttar Pradesh has also been fed by the
continuing dispute over a site in Ayodhya that is holy for
both Muslims and Hindus. Critics charge that government
figures understate the number of casualties resulting from
communal violence.
In West Bengal, armed state police and supporters of the
ruling Communist Party of India (Marxist) regularly clashed
violently with the cadre and supporters of the so-called
Gorkha National Liberation Front (GNLF) in connection with the
agitation for autonomy for Nepali-speaking areas. In related
events, about 7,000 Nepalis in Meghalaya were left homeless
after riots by Khasi tribals against the presence of foreigners
in that state. Ethnic tension between tribals and nontribals
(especially Bengali settlers from Bangladesh) is widespread in
the remote northeastern states, including Assam. Neither the
central Government nor the state governments, however, follow
a policy that would cause or condone an incident such as the
anti-Nepali riots in Meghalaya.
Law and order in the Indian system is primarily the
responsibility of the various states. The quality, training,
and evenhandedness of police vary from state to state, as does
the willingness of political authorities to restrain political
violence. The decision whether to institute judicial
proceedings in cases of politically related violence also
often appears to be heavily political. In any event, judicial
processes are lengthy.
b. Disappearance
There have been charges that police in Andhra Pradesh have
caused "disappearances" of perhaps a dozen Naxalites. Some
Sikhs claim that the Government has not yet accounted for a
small number of people seized during the Golden Temple
operations in 1984 and subsequent security operations in
Punj ab.
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INDIA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and cruel treatment are prohibited by law in India.
Indian case law excludes confessions or information extracted
through the use of force or torture from being admitted in
court. Throughout 1987, however, the press continued to
report allegations of abuse of prisoners and suspects by
police in many Indian states. In Kerala the entire opposition
walked out of Parliament in July to protest the death in
police custody of an elderly man. The Indian press continues
to cite the police in the southern state of Andhra Pradesh as
particularly brutal. In November the Canadian Government
protested the alleged torture of a Canadian Sikh arrested in
Punjab while reportedly carrying funds for Sikh extremists.
Other reports accused the police of staging fake encounters
with terrorists, especially in Punjab and Andhra Pradesh, to
cover up deaths in police custody and attributing deaths in
custody to incorrect causes. In its special report on alleged
killings by the Provincial Armed Constabulary in Uttar Pradesh
released in November, AI expressed concern about reports that
at least five people arrested in connection with communal
rioting were beaten to death in jail. While center and state
governments do not overtly condone police abuses, there have
been few government inquiries into such incidents and
allegations .
In its 1987 Report, covering 1986, AI expressed concern about
reports it said it had received from most Indian states of
torture and ill-treatment of detainees, resulting in some
cases in the death of the detainees.
Prison conditions are generally poor, and pretrial detention
may last for an extended period. In one extreme case a man
was sentenced to 1 year's imprisonment — after 13 years of
detention. Press reports include claims of sexual abuse of
female prisoners and use of prisoners by prison officials for
domestic labor. The government of West Bengal, in response,
has acted to release all "crimeless women" (prostitutes,
destitutes, orphans, etc.) from prison, and has formed a
special police group to investigate complaints by women of
mistreatment .
The penal system grants different privileges to different
categories of prisoners. Political prisoners and foreign
nationals are provided less crowded cells, better food, and
some amenities such as access to publications. In some states
a number of children are reported to be imprisoned.
Legislation effective on October 2 mandated that such children
be placed in rehabilitation homes rather than prison.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution requires that an arrested person be informed
of the grounds for arrest, given the right to be represented
by counsel, and produced before a magistrate within 24 hours
of arrest. At this initial appearance, the accused must be
either remanded for further investigation or released. These
provisions are generally respected and were firmly upheld in a
January decision by the Supreme Court. In Punjab, pursuant to
the Disturbed Areas Legislation, arrest warrants are not
required.
The enactment of preventive detention laws in the event of
threats to public welfare and national security is permitted
1152
INDIA
under the Constitution. Such laws provide for limits on the
length of detention (up to 2 years) and for judicial review of
such detention. Two such laws are in force. The first, the
National Security Act (NSA), permits detention of security
risks. To be released from detention under this law, a court
must determine that all grounds for detention are invalid.
Upon expiration of the detention order, an additional order
can be issued for another 12 months, making it theoretically
possible for a detainee to be held indefinitely without
charges being filed or a trial held. The NSA was used in
Punjab to place a large number of persons into preventive
detention in the aftermath of the imposition of President's
rule. Punjab government officials have said that a number of
those arrested in the aftermath of the imposition of
President's rule have been released. During the first three
months of central rule, 1,116 people were arrested as
"terrorists. "
The central Government has, however, kept 360
persons — arrested during Operation Bluestar (the June 1984
army action at the Golden Temple, the holiest Sikh shrine)--in
detention without charges at Jodhpur (Rajasthan) jail. G. S.
Tohra and P. S. Badal, leaders of the breakaway Akali Dal (B)
faction and now heads of the United Akali Dal, were arrested
in December 1986 under the National Security Act which
provides for detention for up to 1 year without charges. They
were released the first week of December 1987.
Incommunicado detention is permitted under the Terrorist and
Disruptive Activities (Prevention) Act of 1987 (TDPA), which
applies to Punjab and the union territory of Chandigarh. The
Act permits maximum detention of 2 years. All detainees have
the right to have their detention reviewed by courts and are
allowed access to legal counsel. According to figures
released by the Government in the Lok Sabha on December 9, a
total of 9,298 persons were under detention under the
provisions of the TDPA. Of the total, 4,028 are being
detained in Punjab, 2,234 in Gujarat, and 1,410 in Haryana.
In its 1987 Report, AI expressed particular concern about the
detention of hundreds of political detainees held without
charge or trial under antiterrorist legislation or preventive
detention laws. AI said it was concerned that these laws
lacked legal safeguards reguired by international human rights
standards and that they allowed people to be detained for
nonviolently expressing their opinions.
Exile is not practiced as a punishment in India. Forced labor
is in effect prohibited by constitutional provisions
establishing the "right against exploitation" as a fundamental
right of Indian citizens. It is not used as a form of
punishment .
e. Denial of Fair Public Trial
The Indian Criminal Procedure Code provides for open trial in
most cases but allows the judiciary, under certain
circumstances, to hold closed proceedings. Such circumstances
include proceedings involving official secrets or trials in
which statements prejudicial to the safety of the State might
be made. Sentences must, however, be announced in public.
Generally, legal procedures assure a fair trial, although the
process can be drawn out. Defendants have the right to choose
counsel from an Indian bar that is fully independent of the
Government. Effective appeal channels exist at all levels of
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the judicial system. In 1987 the judicial authorities in
Punjab had difficulty in bringing to trial either alleged
terrorists who had been charged or police offenders.
Government officials claim they are unable to find witnesses
willing to testify against terrorists and have thus far been
unable to find a way to overcome this impediment.
There were no reports of any prosecutions in 1987 under the
1984 Terrorist Affected Areas Act, which provided for special
courts and judicial procedures in areas with widespread and
prolonged civil disturbances, including in camera review and
the shifting of the burden of proof to the defendant.
The judiciary is independent from the executive branch of
government. Indian judges are selected by the Law Ministry
following consultations with the Chief Justice of the Supreme
Court. Islamic religious law governs some noncriminal matters
concerning Muslims, including divorce.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under Indian law, warrants are normally required for searches
and seizures. In a criminal investigation, however, police
may conduct searches without a warrant if there would be undue
delay but must justify such searches in writing. Under the
Disturbed Areas Legislation, the authorities continue to have
special powers in Punjab to search and arrest without a
warrant and to shoot to kill under certain circumstances.
They have also been granted increased telephone surveillance
powers. Surveillance of communications, including tapping of
telephones and intercepting personal mail, is authorized "on
the occurrence of any public emergency or in the interest of
the public safety or tranquillity." Censorship of mail is
legal in certain circumstances, such as in a public emergency.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Free speech and expression are protected by the Constitution.
Consequently, Indian newspapers reflect a variety of political,
social, and economic beliefs. The Government controls the
allocation of newsprint, however, as well as the placement of
government and public sector advertisements and has been
accused of using these to exert influence over the press.
The Government leaves the press free to print all but the most
sensitive political and security stories, which corre under the
purview of the Official Secrets Act. In an incident which
attracted international attention, 11 offices of the Indian
Express, a major daily and leading press opponent of the
Gandhi administration, were raided on September 2 by
government inspectors looking for evidence of financial
violations. The Express charged the Government with
attempting intimidation, an accusation supported by other
newspapers and press organizations. Express operations in New
Delhi were affected in late 1987 by an employees' strike,
which had political overtones, and by a government attempt to
cancel the lease on its office building. The strike has ended,
and the Express" Delhi edition has resumed publication.
Various legal issues are under litigation. Two Indian states,
Tamil Nadu and Bihar, tried in 1987 to introduce bills in their
legislatures to curb press freedom; these bills met vehement
opposition from journalists and the public. A Bombay high
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INDIA
court ruling in October upheld press freedom against a
government challenge under the Monopoly and Restrictive Trade
Practices Act.
There have been occasional reports of journalists being
assaulted in small Indian cities because their stories clashed
with local political interests.
Films are reviewed by a film censorship board before being
licensed for distribution. The board deletes material deemed
too violent or offensive to either public morals or to
religious or communal sentiment.
b. Freedom of Peaceful Assembly and Association
The Constitution protects the right of peaceful assembly and
the right to form associations, including unions. These
rights are respected. Government authorities sometimes
require permits and notification prior to holding parades and
demonstrations. At times of civil tension, local governments
can ban public assemblies and impose a curfew. Ordinarily,
local governments respect the right to protest peacefully,
including such traditional Indian forms of protest as "gherao,"
in which an office is surrounded by protesters who allow nobody
to enter or leave, and sit-downs blocking public thoroughfares.
The Industrial Disputes Act of 1947 and the Indian Trade Union
Act of 1926 established the right for labor to organize,
bargain collectively, and strike. Under the Essential
Services Maintenance Act, the Government can ban strikes and
require conciliation or arbitration in 16 essential industries.
Five percent, or approximately 14 million, of India's work
force belong to labor unions. This represents roughly half of
the workers in the so-called modern industrial sector of the
economy. Four-fifths of India's work force, however, is in
the rural sector, where organization is difficult. The
Government, labor unions, and employer organizations all play
a role, in developing labor policy and industrial relations
norms .
Unions and professional bodies are free to maintain contact
with international bodies. The Indian National Trade Union
Congress and the Hind Mazdoor Sabha are affiliated with the
International Confederation of Free Trade Unions (ICFTU). The
All-India Trade Union Congress, associated with the Communist
Party of India, is affiliated with the Soviet-supported World
Federation of Trade Unions (WFTU) ; the Centre of Indian Trade
Unions, associated with the Communist Party of India (Marxist),
attends WFTU meetings as an observer. In recent years, Indian
unions have complained several times to the International
Labor Organization's (ILO) Committee on Freedom of
Association, charging violations of ILO conventions and
recommendations. The Government has cooperated in the
committee's investigations.
c. Freedom of Religion
India is a secular state in which all religious groups have
the full right to worship freely. Government policy does not
favor any one religious group, but communal tensions based on
religious differences continue to be a social problem and pose
challenges to the overall secular posture of the Indian polity.
There is no bar to proselytizing by Indian Christians, but the
Government limits the number of foreign misssionaries . During
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INDIA
1987 the governments of Madhya Pradesh and Bihar requested
that visas not be extended for several foreign missionaries
working in those states. In Bihar confrontations have
persisted between Christian missionaries and Hindu
fundamentalists. Indian religious organizations may maintain
communication with coreligionists abroad. Financial
contributions from abroad are subject to scrutiny and
licensing by the Ministry of Home Affairs.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Indian citizens enjoy full freedom of movement within the
country, except in certain sensitive border areas for which
special permits are required. Foreign travel and emigration
are without political restrictions. Millions of people of
Indian origin live abroad.
Foreigners (including diplomats) must obtain special
permission to visit Punjab and Assam and are prohibited from
visiting other sensitive border areas. Foreign journalists
accredited to India may travel to Punjab without prior
permission.
India admitted millions of refugees and displaced persons at
the time of partition in 1947 and accepted most for
citizenship, integrating them fully into Indian society.
Subsequent migration has largely been the result of upheavals
in nearby countries, and the refugees in this migration have
generally not been granted citizenship or been fully
integrated. In most cases both the refugees and their hosts
consider their stay temporary, although it may be for a very
long time. The most recent migrations have been of
Bangladeshi Chakmas (estimated as high as 50,000 persons) into
northeastern states and Tamils from Sri Lanka into Tamil
Nadu. The Assam state government has undertaken to identify
"foreigners" who have entered that state with a view towards
repatriating them. Tamils from Sri Lanka in Tamil Nadu are
provided shelter and subsistence by the Government. The
recent accord between India and Sri Lanka, aimed at settling
the Sri Lankan ethnic conflict, calls for repatriation of
these refugees.
In addition, several thousand Afghans have entered India since
the Soviet invasion in 1979. India does not recognize them as
refugees, but there has been no forcible repatriation and the
office of the United Nations High Commissioner for Refugees in
New Delhi provides them with a living allowance. Many have
traveled onward from India to third countries. India continues
to provide humanitarian assistance to the large and vigorous
Tibetan exile community in Dharmsala (northern India) and
elsewhere in India.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
India is governed under a complicated but democratic
parliamentary system. The Constitution provides for full
adult universal suffrage. Elections are held regularly. A
parliament can be constituted for not more than 5 years.
On the advice of the Prime Minister, the President can declare
"President's rule," i.e. a state of emergency, in any state in
the event of war, external aggression, internal disruption,
collapse of the constitutional machinery in any state, or
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financial breakdown of the central or any state government.
Under President's rule, the central Government, through the
Parliament and the President, directly controls the state,
replacing the elected state government. It was imposed in
Punjab in May and was extended by Parliament for another 6
months in November.
Although the ruling Congress (I) Party holds a firm majority
of seats in Parliament and in 12 of India's 25 state
governments, it faces an articulate and active, if fragmented,
political opposition. Parties represent a broad range of the
political spectrum and a full mix of ethnic, linguistic, and
religious outlooks.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no reports of international investigations of human
rights problems in India during 1987. AI has applied for
permission to conduct an investigation, but the Government has
not responded. Independent Indian human rights organizations
include the People's Union for Civil Liberties and the
People's Union for Democratic Rights, which send teams to
study specific incidents involving alleged human rights
abuses. Several women's groups monitor the status of women.
In January, 10 eminent jurists and civil liberties activists
formed the Indian People's Human Rights Commission to
investigate cases of repression and violations of basic rights
by the State. Some press reports claim that on occasion
representatives of human rights organizations are harassed by
state governments who regard their activities as politically
sensitive and thus "subversive." The central Government,
while tolerant of dissent within India, is sensitive to
foreign criticism and vigorously objected to allegations by
some U.S. congressmen in August that human rights were being
violated in Punjab.
The most active independent channel for addressing human
rights issues continues to be the very active Indian press,
which regularly criticizes government action and champions
individual cases.
India is a member of the U.N. Human Rights Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Indian law grants women equal rights and legal protection.
Nonetheless, female infant mortality is higher than male and
women die earlier than men, and there has been a decline in
the ratio of women to men in the population. Female literacy
is substantially lower than the national average of 36
percent. These factors relate to the traditionally higher
economic and social value placed upon males and the relative
neglect given women's nutritional, health, and educational
needs. Government figures indicate that crime against women
is also rising rapidly.
In recent years, attention has been focused on the incidence
of "dowry deaths," i.e., deaths under suspicious circumstances
of women unable to provide the additional dowry sometimes
demanded by the husband's family after marriage. In late
1986, the Dowry Prohibition Act of 1961 was strengthened.
Increasing attention to this phenomenon has encouraged police
I
1157
INDIA
to investigate these cases as murders rather than accidents.
(Government figures for the first half of 1987 show 423 cases
of unnatural death of married women in New Delhi, 300 of which
were by burning.) Attention to conditions for women in India
was dramatically focused in September by the illegal "sati,"
or self-immolation, of a young widow in Rajasthan, which was
subsequently glorified at gatherings of enormous crowds of
Rajput men and women. The sati, and the state government's
slow response, was condemned with equal vehemence by women's
groups and most of India's elite. A strengthened state
ordinance against abetting and glorifying sati has been
promulgated, and the central Government has passed new
legislation outlawing the practice.
There are no legal barriers to female candidates for public
office, although their numbers have remained small since
independence. The late prime minister, Indira Gandhi, was a
woman, and there are moderate numbers of women in both houses
of Parliament.
Government programs designed to improve the lot of the
so-called scheduled castes, i.e., protected lower-caste Hindus
who make up 15 percent of the population, have met only
partial success. In some cases, upper-caste communities have
mobilized against the upward mobility of the disadvantaged,
with violence sometimes resulting. Political controversy
surrounds the question of which lower castes, tribes, and
classes should be granted preference in education, employment,
and housing. This violence and controversy relates in part to
perceived threats to the economic position of the higher-caste
groups. In recent years, the central Government has
increasingly attempted to strengthen the legal protection
accorded to these underprivileged and often victimized
groups. In several states, the system of reservations for
disadvantaged castes is manipulated for political gain by
party and community leaders.
Minority religious groups continue to charge they are victims
of discrimination. Sikhs traditionally have been fully
integrated into Indian society and have been notably
successful in agriculture and the professions, particularly
the armed services. Terrorist violence, however, has
increased tensions and distrust between Hindu and Sikh
communities. The police forces have been unable to contain
random Hindu retaliation against Sikh terrorism, but there is
no evidence to support the charge of government instigation of
this violence during 1987. In response to the activities of
Sikh militants in Punjab and elsewhere, the Government has
taken measures to control terrorism. Although they are
treated equally under the law, Sikhs, particularly young
males, continue to be subjected to more rigorous security
precautions than others in certain circumstances (e.g.,
airport security).
CONDITIONS OF LABOR
Although India is a leader in legislation protecting labor,
certain categories of labor abuse remain common. Bonded
labor, illegal since 1976, continues. Most commonly, bondage
arises from debt incurred at usurious rates and continued
through a lifetime of renewal of these debts. Bonded laborers
are most commonly employed in agriculture and construction.
Estimates of the number of bonded laborers range from 500,000
to 2,500,000. The Government encourages states to take
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INDIA
measures to detect, release, and rehabilitate bonded laborers
and offers financial support for state programs.
Forced labor has been defined by a Supreme Court decision as
labor for remuneration at less than the minimum wage. Under
this definition, forced labor is widespread throughout India,
especially in rural areas. Minimum wages, however, are
established by the states through wage advisory boards for
"nonmodern" sectors such as agriculture. Minimum wages vary
widely from state to state, and enforcement of even these low
wage rates is poor. Central government figures show that,
overall, 37.4 percent of the population lives below the
poverty line (1984 figures). The poorest state by this
measure is Bihar (49.5 percent). In many more modern
industries, wage rates are set through collective bargaining
of employers and trade unions, reflecting supply and demand.
Although illegal, child labor persists, a function of poverty
and the lack of compulsory education. According to a survey
of the Labor Department, one out of every four children
between ages 5 and 15 is employed. In December 1986, both
houses of Parliament passed legislation which prohibited
employment of children under the age of 14 years in certain
occupations and regulated their employment in others.
Implementation of the new law has been slow. On August 12,
the Minister of Labor announced a new national policy to
further the objectives of that legislation. In the first
phase of the policy, government officials will withdraw 30,000
children from 10 of the prohibited employment sectors (e.g.,
match industry, precious stone polishing, glassmaking,
brassware, carpetmaking, locksmithing , and the slate
industry). The Government will use its national development
program resources to help convince children withdrawn from
employment and their parents that the children should attend
school rather than seek alternative employment. Although the
number of children to be targeted in the first phase of this
program is only a small fraction of total child labor in
India, the Government hopes to deal with the worst of
unsatisfactory work environments promptly.
The Factories Act of 1948 established an 8-hour workday, a
48-hour workweek, and minimum standards for occupational
safety and health. These standards are generally enforced and
accepted in the modern industrial sectors but are less
accepted in older, less cost-effective industries. Standards
are generally not observed in small industries, largely
because of the rapid growth in this sector and the small
number of labor inspectors.
1159
IRAN*
Iran is officially an Islamic Republic under the leadership of
Ayatollah Ruhollah Musavi Khomeini. Its formal system, based
on the Constitution approved in 1980 by popular referendum,
follows a parliamentary pattern with a legislature and a
president elected from among multiple candidates by universal
suffrage. However, only candidates meeting highly restrictive
religious and political criteria are permitted to contest
elections, and the choice offered to voters is limited. The
regime's hold on power is reinforced through arrests,
executions, and other forms of intimidation.
The regime is dominated by a political elite composed of Shi 'a
Muslim clerics who support Khomeini and of laymen aligned with
these clerics. The regime, however, is not monolithic, and
there are major differences on theology and on economic issues
such as private property ownership, government versus private
control of foreign trade, industrial policy, and strategy for
the war with Iraq.
The human rights situation in Iran continued to be affected in
1987 by the Iran-Iraq war, which was increasingly
internationalized during the year primarily as a result of
Iranian actions. Apart from its toll of hundreds of thousands
of casualties, the war has resulted in large-scale population
displacement and has had a drastic impact on the quality of
life of all segments of Iranian society.
Nine years after the 1979 ouster of the Shah and the advent of
the Islamic Revolution, the Iranian regime still considers
itself revolutionary but must grapple with the need to revive
the economy and operate political and social institutions,
both new and old, in a productive manner. Although Iran is an
oil-rich developing country, the disruptions of the
revolutionary period and the war have caused serious economic
deterioration. Inflation and unemployment remain high, and
corruption and black market activities continue to flourish.
Iran's human rights record in 1987 continued to show serious
abuses. In its 1987 special report. Amnesty International
(AI) expressed concern about the large number of executions,
torture, arbitrary arrest and detentions, and lack of due
process in political dissent cases.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Reliable statistics were not available on the number of people
killed for political or religious reasons in 1987. Due to the
lack of basic procedural safeguards for defendants tried in
revolutionary courts, which handle virtually all political
cases, most of the executions ordered each year by such courts
amount to summary executions. It is also difficult to
separate cases of executions for participation in violent
activities or narcotics trafficking from executions based
purely on the defendants' beliefs, statements, and
I
"Because of the absence of a United States Mission in Iran,
this report draws heavily on unofficial sources.
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IRAN
associations, given the regime's practice of cloaking the
latter category with charges from the former.
The Special Representative to the U.N. Commission on Human
Rights estimates that there were more than 7,000 executions in
Iran between 1979 and the end of 1985. He notes that the
number of executions has declined since 1984.
Political violence was also perpetrated by opposition groups,
including the Moj ahedin-e-Khalq, which appears to be the most
active antiregime organization in Iran. After relocating to
Iraq from France in mid-1986, the Mojahedin organization
expanded its attacks and operations in Iran against
Revolutionary Guards, clergy, and members of the Government.
b. Disappearance
No information is available on the number of disappearances in
1987.
Although there are some cases of long-term disappearance,
disappearances are, for the most part, seldom permanent.
People are arbitrarily arrested or carried off, held without
charge, and some are summarily executed; the society, however,
is not tightly controlled, so a persistent relative can
usually determine who was responsible for the arrest and
locate the detainee.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Stories of torture in Iran's prisons are rampant and cover a
wide range of inhuman practices. Mock executions reportedly
are a favorite method of torture, along with blindfolding and
solitary confinement. Beatings of all kinds appear to be
common. Allegedly, prisoners are beaten on the soles of their
feet until they can no longer walk; others have had damaged
kidneys as a result of being kicked and beaten. According to
AI, suspension by the arms or wrists is also a common form of
torture .
Torture apparently occurs in government prisons or in
government houses in which prisoners of special interest are
held for questioning. Presumably it takes place with the
sanction of top officials. Many of these reports come from
persons who themselves were in the prisons and who, in some
cases, experienced the torture.
The regime continues to revise Iran's civil code to conform
more closely with its interpretation of Islamic law. In 1985
the Government announced the development and inauguration of a
new machine for surgical amputation of the hands of convicted
thieves. As interpreted in Iran, this punishment consists of
amputation of the four fingers of the right hand. There were
subsequent announcements of the use of this device. There are
many reports of floggings, both as a means of torture and as a
formal punishment for sexual offenses. Death by stoning has
been reinstituted as a punishment for certain crimes against
morality.
In its report, "Torture in the Eighties," AI expressed concern
that torture has become a routine practice in at least some
Iranian prisons and noted in particular two kinds of
ill-treatment of prisoners: the officially sanctioned
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IRAN
punishment of prisoners by whipping, and the torture of
prisoners held in incommunicado detention during interrogation
to extract confessions.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Although arrests for expression of views critical of or
different from those of the Government have decreased during
the past several years, opposition to the regime itself or to
an Islamic form of government still may lead to arbitrary
detention. If there is a formal accusation, the charge is
usually subversion, antiregime activities, or treason. There
is also evidence that some persons are arrested on trumped-up
criminal charges (for example, on drug charges) when their
actual "offenses" are political; the lack of fair trials and
other procedural safeguards encourage such a practice.
According to AI , in some cases relatives of the politically
suspect have been detained and held until the suspect is found.
Political arrests are made by members of the Revolutionary
Guard or, less commonly, by members of komitehs, local
neighborhood groups which have assumed a guasi-of f icial role.
No judicial determination of the legality of detention exists
in Iranian law. AI notes that there is no legal time limit on
incommunicado detention. Suspects are held for questioning at
local Revolutionary Guard offices or in jails. In some cases
an Islamic clergyman is involved; in others, unidentified
questioners, sometimes including torturers. It is unclear
whether this questioning constitutes a trial by a revolutionary
court or whether it is part of the investigation process.
Sometimes defendants are released after several hours or days,
but the process may be repeated two or three times before the
authorities decide the detainee is innocent or that he is
guilty and should be jailed. Time spent in detention does not
count toward fulfilling prison sentences.
A number of foreigners (including one American) were arrested
in Iran during 1987. (At least two Americans are now
imprisoned in Iran) . These foreigners sometimes appear to
become pawns in power struggles between various leaders and
factions, with release dependent on how long it takes for
their usefulness in this regard to be exhausted. The Iranians
do not regularly grant consular access to these persons, nor
do they notify the embassies involved that their nationals
have been detained.
Information as to whether forced labor is used in Iran is
unavailable.
e. Denial of Fair Public Trial
Most of those arrested have a trial of some sort, and although
so-called trials of major opposition figures have sometimes
been telecast, no trial by a revolutionary court, can be called
fair or public. If the trial is given publicity, it is
generally because the prisoner has already been forced to
confess to crimes.
In his report of January 1987, the U.N. Special Representative
said that he had received reports "that accused persons had
not been informed of the charges against them, could not
communicate with counsel of their own choosing, had no legal
assistance assigned to them, could not examine witnesses of
the prosecution, had sometimes not been informed of the
verdict and the sentence handed down to them, and had been
1162
IRAN
denied the right to their conviction and sentence being
reviewed by a higher tribunal." AI believes that defendants
in trial proceedings are presumed guilty.
Restraints on arbitrary actions of the revolutionary courts
were reportedly severely weakened in 1985 by a government
decision to limit the review authority of the Supreme Court.
Formerly, all cases decided by the revolutionary courts were
subject to review by the Supreme Court, permitting improper
decisions to be overturned. Under the 1985 decision, however,
the Supreme Court can only examine those cases which are
recommended for review by the Supreme Judicial Council, which
consists of the Chief Justice, the Prosecutor General, and
three mullahs. The judicial system is further weakened by the
fact that revolutionary courts can consider cases formally
under the jurisdiction of the civil and criminal courts.
Assignment of cases to regular rather than revolutionary
courts is haphazard and apparently occurs mainly when arrests
are made by regular police. Revolutionary courts can also
overturn the decisions of civilian courts.
For common criminal offenses, many elements of the
prerevolutionary judicial system survive, and the accused
often have the right to a public trial with benefit of lawyers
of their own choosing, assuming they can afford the fee. Even
this judiciary is not fully independent, however. Many of the
former judges were retired after the revolution, and new
judges selected. One criterion for new judges is grounding in
Islamic law, and political acceptability is a requirement for
any government position. Favorable verdicts reportedly can
often be "purchased" from the judges serving on civil and
criminal courts and to a lesser degree from judges of
revolutionary courts.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government is attempting to remake Iranian society
according to Khomeini's interpretation of Shi'a Islam. It
rejects the Western distinction between a public sphere which
the Government may control and a sphere of private life
(religion, culture, thought, and private behavior) which the
State may not properly control. The regime defines itself as
Islamic and attempts to enforce a way of life asserted to be
Islamic .
Since Khomeini's eight-point decree of December 1982, Iranians
have enjoyed somewhat greater freedom in their private lives.
One of the eight points provided that no one had the right to
enter private homes without a warrant. An exception was made
for suspected hideouts of opposition groups. The decree did
say that if Revolutionary Guards entered a home believing it
to be an opposition hideout and found they had made a mistake,
they were to depart, even if they had found evidence of
un-Islamic activities such as the presence of alcoholic
beverages. The decree also stated that mail should not be
opened or telephones tapped unless there was good reason to
suspect antiregime activities. While homes are still entered,
mail is still opened, and phones are still tapped, these
violations occur less frequently than in previous years. A
Headquarters for the Enforcement of the Imam's Decree was set
up, as were a number of provincial and local offices. These
offices, which may still be in operation, are said to have
received thousands of complaints about violations of rights of
privacy.
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IRAN
Special Revolutionary Guard units check on social activities.
Women whose clothing does not completely cover the hair and
all of the body except hands and face, or who wear make-up,
are subject to arrest.
Neighborhood komitehs, which originally acted as "block
wardens," monitoring the activities of residents, seem to have
been less active in the last few years. There have been
efforts to disband them, and many may have, in fact,
disappeared.
g. Violations of Humanitarian Law in Armed Conflicts
Iran holds an estimated 45,000 to 65,000 Iraqi prisoners of
war (POW's). There are continuing reports of Iranian attempts
to pressure POW's to oppose the Iraqi President and adhere to
a revolutionary Iranian line. Former prisoners have reported
that Iran subjects POW's to whippings, random executions and
psychological torture.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution states that "publications and the press may
express ideas freely, except when they are contrary to Islamic
principles, or are detrimental to public rights." In practice,
most publications are controlled by the Government; independent
publishers run the risk not only of press shutdowns and
confiscation of publications and equipment but of arrest and
summary punishment if they are overly critical of the regime.
Examples of such punishments were sufficiently numerous in
past years to retain a chilling effect. All books are required
to be submitted to the Ministry of Islamic Guidance for
censorship before they can be published. Publishers, authors,
and printers also engage in substantial "self-censorship"
before submitting books to the Ministry in an effort to avoid
the substantial penalties, including economic losses, incurred
when books are rejected. While there are competing newspapers
in Iran, and officials and policies of the Government are
often subjected to public criticism, newspapers are forbidden
to criticize Khomeini and the concept of the Islamic republic,
or support the right of self-determination for any ethnic
groups in Iran. Nevertheless, some independent publishers out
of favor with the regime continue to survive and some books
and pamphlets critical of the regime are published without
reprisal .
Foreign books, newspapers, and magazines may be imported only
after review.
All broadcasting facilities are government owned.
Academic freedom has increased in the last several years, and
universities operate under looser constraints than in the
early days of the revolution. As part of the admissions
process, all Muslim students must pass examinations that
demonstrate knowledge of the Koran and Islamic precepts. The
relatively few Jews and Christians who enter universities
reportedly must pass tests demonstrating knowledge of their
respective religions. All textbooks are reviewed by
government authorities to determine their acceptability.
1164
IRAN
b. Freedom of Peaceful Assembly and Association
Although the Constitution permits unarmed assemblies and
marches "provided they do not violate the principles of
Islam," the only ones permitted in practice are those
sponsored by the Government, such as Friday prayers and
sermons and parades on official occasions.
The Constitution permits political parties, groups,
professional associations, and both Islamic and minority
religious associations, but most independent organizations
have either been banned, co-opted by the Government, or are
moribund. Restrictions on freedom of speech and assembly
discouraged the participation in the 1984 parliamentary
elections of any party other than the semiofficial Islamic
Republican Party (IRP), now defunct.
There were until recently no legal labor unions, although some
unauthorized unions had been organized and were active.
However, a new national labor union, the Islamic Union,
reportedly was created in late 1985 under a law enacted by the
Parliament. All economic concerns with a minimum of 50
employees are permitted to have a branch of the new union,
whose goal is said to be to protect workers' interests and
further their professional development. Nominally independent,
it reportedly is controlled by the Labor Ministry.
It is also believed that there are officially sanctioned
"Islamic workers councils" in some factories. These, however,
are more instruments of government control than bodies that
represent workers' interests, although they have frequently
been able to block layoffs or firings of workers.
In July 1986, large numbers of Iranian physicians, nurses, and
chemists went on strike to protest proposed legislation
enabling the Government to take over the Iranian Medical
Association. Many physicians who took part in the strike
reportedly were harassed, arrested, and beaten, including the
leader of the Iranian Medical Association, who suffered a
heart attack after ill-treatment. The Association was
dissolved, and the Parliament subsequently adopted legislation
setting up a new organization in which government-appointed
members constituted a majority.
c. Freedom of Religion
Iran terms itelf an Islamic republic, and religion is closely
intertwined with government. Grand Ayatollah Khomeini is
recognized as the supreme leader, and this position is viewed
as having something akin to divine sanction. The President
and many other top officials are mullahs (religious leaders),
as are the Speaker of the Parliament and nearly half the
Parliament deputies.
Approximately 90 percent of Iranians are Shi 'a Muslims. Aside
from slightly over 1 percent who are non-Muslims (Baha'is,
Christians, Zoroastrians, and Jews), the rest are Sunni
Muslims. The Sunnis are mostly Kurds, Arabs, Turkomans,
Baluch, and other ethnic minorities. Their political
influence is very limited. The Constitution declares that
"the official religion of Iran is Islam and the sect followed
is Ja'fari Shi'ism," but it also states that "other Islamic
denominations shall enjoy complete respect." Although Sunnis
have encountered religious discrimination on the local level,
the regime has made efforts to reduce Shi ' a-Sunni antagonism.
1165
IRAN
Tests of Islamic knowledge and orthodoxy, required in the early
postrevolutionary years for public or semipublic employment,
have been dropped on the grounds that they conflict with the
constitutional provision that "the interrogation of people
regarding their beliefs is forbidden." This provision is
ignored, however, in the treatment of members of the Baha'i
faith.
The Baha'i religion is not recognized in Iran, and since the
revolution the Baha'is, Iran's largest non-Muslim minority
(300,000-350,000 members), have suffered severe persecution,
mainly government-directed and aimed at the religious
leadership. In August 1983, the Prosecutor General issued an
order that effectively banned all Baha'i religious activity
and provided the legal foundation on which virtually all
members of the faith can be charged with crimes. Baha'i
property has been confiscated, shrines demolished, businesses
disbanded or confiscated, and known Baha'is denied
public-sector employment and social services. Baha'i
marriages are not recognized. Participation by Baha'is in
social welfare organizations is forbidden, their businesses
are outlawed, and teaching of the faith is not permitted.
Although the Baha'i national leaders dissolved the community's
organizations in obedience to the Prosecutor General's edict,
they subsequently were arrested, and at least some were
executed.
Many ordinary Baha'is also have been arrested. Charges are
vague: "crimes against God," "corruption on earth," "warring
against God," and "Zionism" are among the most frequent. The
real reason for the arrests seems to be advocacy of Baha'ism.
In January 1987, approximately 500 Baha'is were released from
jail. The National Spiritual Assembly of Baha'is in the
United States notes that most of those released were persons
whose jail terms were nearing completion and that many still
are subject to prosecution. As of December 1987, approximately
200 Baha'is remained in prison. Approximately 200 Baha'is
have died following torture since the beginning of the
revolutionary period; at least 5 executions occurred during
1987.
The small Christian, Jewish, and Zoroastrian (the pre-Islamic
religion of Iran) populations are concentrated mainly in urban
areas. Their religions are recognized by the Constitution,
and they elect representatives to seats reserved for them in
the Parliament. They are permitted to practice their
religions, to instruct their children, and, although with a
great deal of disruptive interference, to maintain schools.
There continue to be reports of officially sanctioned
discrimination against these minorities, particularly in the
areas of employment and public accommodations, and of severe
discrimination by the Government against Muslims who have
converted to Christianity. Other reports indicate growing
religious tolerance and readiness to accept employment of
minorities in the professions. Nevertheless, Christians are
sometimes suspected of harboring sympathies with Western
powers, while Jews are seen as pro-Israeli and therefore a
possible fifth column against Islam and Iran. In this
connection, Jews are subject to travel restrictions which are
not applied to members of other recognized religious groups.
1166
IRAN
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Iranians may travel to any part of Iran, except for the war
zone on the border with Iraq and, in times of heavy fighting,
some Kurdish areas. Such limitations that exist are for
purposes of military security. Persons may change their place
of residence without obtaining permission.
Travel outside Iran is considerably easier now than before the
spring of 1983. Khomeini's decree of December 1982 included
the right to travel abroad. Prior to that time passports and
exit visas had been difficult to obtain. Males of draft age
are not issued exit visas except for approved courses of
study, and Iranians who are suspect politically, such as some
retired military officers and high level public officials
under the former regime, may not be able to leave. Persons
who have not repaid loans obtained from development banks
under the old regime also are denied exit visas. Reportedly
some Iranians, particularly those with skills in short supply
and who were educated at government expense, are required to
post bonds to obtain exit visas. Jewish Iranians are
permitted to obtain passports and to travel, but they are
normally denied the multiple-exit visas given to most Iranians
and must make a fresh application (with a fresh fee) for each
planned trip. Permission is not normally granted for all
members of a Jewish family to travel outside Iran at the same
time. Several Baha'is were granted permission to travel
outside Iran, primarily for medical treatment.
With the exception of some with close ties to the former
regime, Iranians are generally able to return after long
periods abroad without reprisal. Not all citizens who leave,
however, are guaranteed the right to return. Iranians
suspected of close association with the old regime have
encountered problems obtaining new passports, and there have
been unconfirmed reports of arrests on their return. However,
numerous other immediate relatives of persons wanted by the
regime seem able to live in Iran, travel outside, and return
without undue difficulty, and in recent years many who fled at
the time of the revolution have returned and have sought,
through the Iranian judicial system, the return of their
properties .
Iranian passports have always been stamped "not valid for
emigration," but the Government does not make a clear
distinction between legal residence in another country and
emigration. According to the regulations, Iranians with a
legal residence outside Iran may be issued passports and
advance exit visas by the Iranian embassy, consulate, or
interests section in their country of residence. Iranians who
have acquired U.S. citizenship are considered Iranian (in
effect dual nationals) unless they have formally renounced
their Iranian citizenship in accordance with Iranian law.
Dual nationals have complained that the Iranian Interests
Section in Washington will neither give them visas in their
U.S. passports nor issue them Iranian passports and exit visas
on the grounds that their residence in the U.S. is not legal
because, according to Iranian law, they emigrated illegally.
Although such services may be denied, there are no known
instances of the denial of Iranian citizenship to Iranians who
left Iran, or to those who have remained there.
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IRAN
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Government of Iran is dominated by Ayatollah Khomeini and
a group of religious leaders and their lay associates who share
a belief in the Ayatollah as the supreme leader of the
revolution and in the legitimacy and desirability of a
theocratic state based on his interpretation of Shi 'a Islam.
Citizens are not free to question or to change this theocratic
form of government.
The only political party represented in the Government--the
Islamic Republican Party (IRP)--was disbanded in June 1987 at
the request of President Ali Khamene ' i (IRP Secretary General)
and Parliament Speaker Ali Akbar Hashemi Rafsanjani, and with
the consent of Ayatollah Khomeini. The IRP was described as
no longer needed, but its dissolution is widely believed to
have been the result of increasing party factionalism and
discord.
Beginning a year after the Shah's departure, the revolutionary
regime has held elections at fairly regular intervals for
president. Parliament deputies, members of the Council of
Experts (responsible for choosing Khomeini's successor), and
members of local government councils. All elections have been
hard fought, generally with several candidates for every
position. All candidates must be approved by the Council of
Guardians, however, and only those meeting the Council's
vaguely described political and religious criteria may run
In practice, only supporters of the theocratic state are
accepted. There has, however, been considerable diversity of
opinion among candidates on economic and social questions.
A presidential election was held in 1985, but the Council of
Guardians denied certification as candidates to 51 of 54
applicants. Only the incumbent President, Hojjatollah Ali
Khamenei, and two fellow members of the now defunct IRP were
permitted to run.
The independence of the Parliament is enshrined in the
Constitution and exists to a large degree in practice. While
Parliament deputies are typically allied with various powerful
political and religious officials, they may speak and vote
independently and may shift from one faction to another. The
Parliament holds genuine debates, normally broadcast live on
radio, on a wide variety of issues but not, however, including
central issues such as the war or the fundamental character of
the Islamic Republic. In some cases, laws proposed by the
Executive have been voted down.
The Constitution provides for a Council of Guardians composed
of 12 members: 6 clerics unilaterally appointed by Khomeini,
and 6 lay members well-grounded in Islamic law who are
nominated by the head of the Judicial Council subject to the
Parliament's approval. The Council of Guardians must certify
all bills passed by the Parliament as being in accordance with
Islamic law and the Constitution. If bills fail to be
certified, they are sent back to the Parliament for revision.
They cannot become law until passed by the Parliament and
certified by the Council. The Council has rejected various
important bills and portions of bills passed by the Parliament,
including legislation on land reform, foreign trade, private
enterprise, the press code, and reform of the civil code.
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Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The regime in Iran is disdainful of foreign human rights
groups, government-sponsored or independent, and regards them
as a Western means of interfering in the country's internal
affairs. Aside from permitting the International Committee of
the Red Cross (ICRC) to visit POW camps and assist in several
small-scale POW exchanges between Iran and Iraq over the past
few years, Iran has allowed no visits by any humanitarian
groups since January 1985, when a U.N . -appointed team visited
POW camps. Since 1984 the Government has refused to allow a
U.N. Human Rights Commission special representative to enter
Iran to prepare his reports and has not commented on human
rights violations submitted for consideration. There are no
internal human rights groups.
In October 1986, the Iranian Government announced that the
ICRC would be permitted to visit POW camps. Since November
1986, the ICRC has been visiting camps and interviewing
prisoners. It has assisted in several POW exchanges between
Iran and Iraq, and its officials visited Tehran and Baghdad
earlier this year to discuss humanitarian topics, including
activities related to POWs .
In August and November 1986, AI sent two memoranda to the
Government of Iran expressing concern about torture, arbitrary
arrest, and unfair political trials. As Iran is a party to
the International Covenant on Civil and Political Rights, AI
also offered recommendations on Iran's penal code. There was
no response from the Iranian Government.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Always the object of discriminatory practices in Iran's
conservative society, women have faced even more
discrimination since the Revolution. Ultraconservative dress,
entirely hiding the hair and all of the body except the face
and hands, is now a requirement for all women, regardless of
their religion, national origin, citizenship, or diplomatic
status. Women have been harassed, detained, or physically
attacked if they appeared in public in clothing which official
or self-appointed guardians of public morality deemed
insufficiently modest. Employment opportunities for women are
more restricted than was the case under the Shah. Women are
legally barred from being judges. Although there are cultural
barriers making employment in professional-level positions
difficult to obtain, women do work as lawyers, physicians, and
statisticians, and in other professions in both the public and
private sectors. Two women serve as deputies in the
Parliament .
The Family Protection Act, passed under the Shah, was revoked
by the Islamic Government and replaced by a civil code
reflecting Islamic law. A bill passed in mid-1983 did give
women the right to divorce their husbands, and regulations
announced in 1984 substantially broadened to 12 the number of
grounds for which a woman may seek divorce. A husband still
may obtain a divorce without having to state a reason or go to
court. The new marriage regulations provide for improved
financial settlements for wives whose husbands divorce them.
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As noted in Section 2.c., the Christian, Jewish, Zoroastrian,
and Baha'i minorities reportedly suffer officially sanctioned
discrimination in a number of areas, particularly with respect
to employment and public accommodations. Muslims who have
converted to Christianity are similarly discriminated against.
CONDITIONS OF LABOR
Iranian labor law, which exempts agriculture, domestic
service, family businesses, and, to some extent, other small
businesses, forbids employment of minors under 12 years and
places special restrictions on the employment of minors under
18 and of women. Under the law, women and minors may not be
used for hard labor or, in general, for night work. The labor
law also establishes a 6-day workweek of 48 hours maximum
(except for overtime at premium rates), with 1 day of rest
(normally Friday) per week as well as at least 12 days per
year of leave with pay and a number of paid public holidays.
There are also legal provisions with respect to minimum wages
and health and safety in workplaces. Given the large segments
of the economy exempted from the labor law, the State's still
unresolved administrative disorganization resulting from the
revolution, the effects of the war with Iraq, and the general
lack of labor unions which are both legal and effective, it is
unclear to what extent the provisions of Iran's labor law
actually affect most of the labor force. Despite the war,
unemployment remains high, probably in the 30 percent range.
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Iraq is governed by the Arab Ba ' ath Socialist Party (ABSP) of
Iraq through a Revolutionary Command Council (RCC) which has
both executive and legislative authority under the provisional
Constitution of 1968. Saddam Hussein holds decisive power as
President of the Republic, Chairman of the Council, and
Secretary General of the Regional Command of the ABSP.
Iraq's security services are widely feared and reputedly
omnipresent. Though little is known of the various security
branches, their agents reportedly engage in extensive
surveillance of individual behavior and conversations. The
reluctance of Iraqis to speak to foreigners is attributable to
this monitoring.
Iraq's population comprises many disparate groups, most notably
Shi ' a and Sunni Arab Muslims, Kurds, Turcomans, and various
Christian sects, predominantly Assyrians and Chaldeans.
The Government exerts a high level of control over the
economy, which is dominated by the petroleum sector. The
State owns all major industries, including petroleum and
banking. However, the small private sector is important in
some industries. Expansion of the role of the private sector
was greater in 1987 than in previous years.
The human rights situation in Iraq remained essentially
unchanged in 1987. Political and individual rights are
sharply limited. The news media are largely government
controlled and subject to censorship. Antiregime activity is
dealt with harshly, often by extralegal means, including
torture and summary execution, employed by a large internal
security police force and the intelligence services. In
addition to the repressive domestic controls that predated the
7-year-old war with Iran, tight wartime controls imposed in
the name of national security remain in effect, including a
decree which prescribes the death penalty for anyone who
damages the country's military, political, or economic
position. Wartime travel restrictions, which prevent most
Iraqis from departing the country, also remain in force.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Execution has been an established method for dealing with
perceived political and military opponents of the Government,
particularly members of the outlawed Da'wa Party (Iran-
supported fundamentalist Shi 'a Muslim) and the Communist
Party. Amnesty International (AI) charged in February 1987
that security forces tortured and murdered at least 29 Kurdish
youths arrested in 1985; AI said the Iraqi Ambassador in London
later confirmed 7 of the deaths.
The number of casualties are unknown in the Government's 1987
campaign to pacify parts of Kurdistan by razing a large number
of Kurdish villages, displacing their inhabitants. In its
1987 Report (covering 1986), AI referred to reports of the
killing and execution of hundreds of people in 1986, but said
it had insufficient information to ascertain the precise
number. Among those executed were said to be army deserters,
members of banned political parties, suspected government
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opponents, and students. Over the past few years, Iraq has
expelled several terrorists who previously sheltered there.
Iraq officially forswears terrorism, and Iraqis themselves in
recent years have been the victims of several terrorist acts
supported by Syria and Iran.
During Iran's January-March 1987 offensive near Basra and in
late 1987, Iran renewed charges that Iraq used chemical
weapons, allegations denied by Iraq. Iraq also charged Iran
with chemical weapons use. In April 1987, a U.N. investigation
of both sides found convincing evidence only of Iraqi use.
There have also been reports of Iraqi use of chemical weapons
against rebel forces and Kurdish villages in Kurdistan. The
State Department has repeatedly condemned Iraq's use of
chemical weapons. Iraq is a party to the 1925 Geneva Protocol
banning use, but not production, of lethal and incapacitating
chemical weapons. There are indications that Iraq continues
to stockpile lethal agents.
b. Disappearance
Iraqi emigrants have reported that some suspects, particularly
those detained by the security police for subversion, disappear
following detention. It is difficult in such cases to confirm
whether the suspect was executed or died while incarcerated.
In its 1987 Report, AI expressed concern about disappearances
in Iraq. It said it had received a report of the arrest in
March and April 1986 of a large number of civilians, including
students, in the town of Arbil following an assassination
attempt on the governor of Arbil by Kurdish opposition forces,
and noted that 15 students were subsequently executed and that
the others "disappeared."
Antigovernment Kurds in northern Iraq occasionally kidnap
foreign workers and businessmen. The Patriotic Union of
Kurdistan claimed in late 1987 to be holding 12 foreigners
hostage.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture and prescribes stiff
punishment for it, and the Government rejects charges that it
practices torture. Nevertheless, reliable reports make clear
that both physical and psychological torture are used by the
authorities, especially the security police. Given the rigid
chain of command within the Government and security services,
it is unlikely that torture could be practiced without the
authorization of senior officials.
According to former prisoners, persons detained by the security
police for political or security-related matters are frequently
tortured and mistreated. Treatment is reported to be worst
immediately following arrest and during the period of
interrogation and investigation, which can last for months.
Torture and brutal treatment are not limited to political
cases. Security-related offenses include such routine criminal
matters as currency violations.
The security forces' methods of torture, often to extract
confessions or information about the suspect and his
colleagues, reportedly include beatings with fists and rubber
truncheons, electrical shocks to the genitals and other parts
of the body, and the extraction of fingernails and toenails.
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In its 1987 Report, AI expressed its concern about the "routine
torture and ill-treatment" of detainees in the custody of the
security forces and noted that some detainees reportedly died
as a result of torture. It said that over the years the
Government had denied allegations of torture even when the
allegations were supported by detailed medical evidence, and
that the Government had also failed to show that such
allegations were ever investigated or that any perpetrators
were brought to justice.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution and legal code provide for the rights of
citizens and place checks on police powers in such areas as
arrest, detention, imprisonment, and search. These provisions
are generally respected in ordinary criminal cases but have
little weight in political or national security cases.
Security police not only make arbitrary arrests but also
secretly detain suspects, whose fate sometimes becomes known
only after execution. Security charges have included
espionage, treason, and conspiracy against Iraq or the party
and revolution, often in collaboration with unnamed foreign
foes .
In the past, Iraq expelled to Iran large numbers of Iranians
and Iraqis of supposed Iranian descent. These deportations
ceased in the early 1980's; however, most of the few remaining
Iranians have been imprisoned or live under the fear of
deportation or incarceration. Spouses of Iraqis of Iranian
origin are required to obtain divorce or suffer the same
consequences. Moreover, other Iraqis whose grandparents are
not shown to be of Iraqi origin are subject to arbitrary
detention and deportation. Assyrian religious groups in the
United States alleged in 1987 that many Iraqi Assyrians were
expelled to Turkey under this rule.
As fighting continued in 1987 between the Iraqi army and
Kurdish guerrillas supported by Iran, Iraq embarked on a
tougher campaign to control Kurdistan. This campaign involved
widespread destruction and bulldozing of Kurdish and Turcoman
villages, mass forced movement of Kurds, and exile of Kurdish
families into non-Kurdish parts of Iraq.
Apart from the expulsion of thousands of residents of Iranian
descent in 1980 and earlier, exile is not resorted to as a
means of punishment. The mass forced migrations of Kurds to
non-Kurdish parts of Iraq constitute internal exile on a large
scale. There is no indication that Iraq uses forced labor.
e. Denial of Fair Public Trial
Iraq's legal system provides for investigation by police and
then by an inquiry judge who may refer a case to the criminal
court. A judge tries criminal cases; there is no jury.
Convictions may be appealed to a court of cassation or, in
case of major crimes, the High Court of Appeals.
Trials of nonsecurity cases are held in civil, criminal, and
religious courts and are open. Defendants are entitled to
counsel. A lawyer is provided if a defendant cannot afford
one. Charges and evidence are available for review.
Appellate courts hear cases not under the jurisdiction of the
revolutionary courts. The revolutionary courts, which usually
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IRAQ
hold closed trials, deal with espionage, treason, smuggling,
and drug trafficking. The right of defense in such courts is
reportedly severely restricted.
The "special courts" constituted by the Revolutionary Command
Council for specific incidents, such as the reported conspiracy
against the regime in 1979, are also closed. These special
tribunals are apparently exempt from constitutional safeguards
of defendants' rights. The right of defense is suspended;
defendants are held incommunicado, and confessions extracted
by torture are used against defendants. Appeals can be taken
only to the Chairman of the Revolutionary Command Council
(RCC) . However, the availability of this appeal is open to
question, since there are reports that executions take place
shortly after trial.
Political dissidence in Iraq is taken by the authorities to
encompass a wide range of activities and, in an environment
where public acknowledgment of arrest or imprisonment is rare,
it is extremely difficult to gauge the number of political
prisoners. In its 1987 Report, AI expressed its continued
concern about the "widespread arbitrary arrest and detention
of hundreds of political prisoners."
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides protections for the inviolability of
the home, and strong cultural values reinforce these
protections. Police must obtain a search warrant before
entering the home of a criminal suspect. Warrants are not
required for the arrest of security suspects. Although most
arrests occur outside the home, there have been reports of
forced entry and arrest by the security police, particularly
of suspected members of the outlawed Da'wa Party.
In 1987, as part of an intensified campaign in Kurdistan,
Iraqi government forces conducted large-scale searches of
homes in Kurdish towns and arrested and relocated a number of
people.
There is no legal protection against the monitoring of
telephones, which many Iraqis believe to be a common practice.
All mail is believed subject to review by censors. Government
security services and the Ba'ath Party are generally assumed
to maintain pervasive networks of informers.
Membership in the ruling Ba'ath Party is viewed as a key to
advancement inside and outside the Government. Although the
Ba'ath is an elitist party and "membership" entails stages
from initiate to full member, recruitment can be aggressive.
Some emigrants have claimed that they joined the party to
avoid beatings or harassment or to enhance career prospects.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are not respected. The Government views
political dissent as a security threat and strictly controls
speech, press, and assembly. The Constitution prohibits "any
act aimed at undermining the national unity of the people,
provoking racial, sectarian, and regional bigotry, or
violating gains and achievements of the country." The
Government owns and operates the press, radio, and
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IRAQ
television. The media do not criticize the Government, and
news reporting is strongly biased. Opposition viewpoints are
not heard. Few foreign periodicals reach Iraq, and Western
newspapers are not sold. Foreign visitors' newspapers,
magazines, cassettes, cameras, and video cassettes can be
confiscated at the airport. To control the dissemination of
political leaflets, typewriters and photocopying machines must
be registered.
Taking photographs of military installations, government
buildings, or areas near sensitive locations is forbidden and
punishable by imprisonment. Journalists and photographers
visiting Iraq at the invitation of the Government are required
to present film taken in Iraq for inspection by the
authorities .
b. Freedom of Peaceful Assembly and Association
These freedoms are severely limited. Public meetings may only
be organized under the auspices of the Government or Ba ' ath
Party. Association for nonreligious purposes and
demonstrations without government approval have met with
severe repression. Professional organizations are subject to
control by the Ba ' ath Party Central Vocational Bureau.
Industrial workers do not constitute a significant part of the
total work force, whose principal components are agricultural
workers, shopkeepers, and government employees. Until early
1987, industrial workers were organized in the Federation of
Trade Unions under the control of the Ba ' ath Party Central
Labor Bureau, but the federation was abolished, and all
industrial workers are considered to be in the same category
as government employees. Even before the abolishment of the
federation, the right to bargain collectively was not
recognized. Although workers legally have the right to
strike, after providing notice to the Labor Ministry, no
strikes have been reported for almost 20 years.
c. Freedom of Religion
Iraq is an ethnically and religiously diverse society. Many
non-Muslims, principally Jews and Christians, left Iraq under
previous regimes. Since its rise to power in 1968, the
Ba'athist Government, while carefully controlling religious
groups, has enforced tolerance of religious diversity, seeking
to submerge religious differences in the promotion of secular
nationalism.
A 1981 law gave the Ministry of Endowments and Religious
Affairs the authority to promulgate laws and regulations
governing places of worship, appointment of clergy, religious
literature, and participation in religious councils and
meetings. Muslim religious leaders operate under close
government supervision, are considered government employees,
and receive their salaries through the Government. The
Government administers the principal Muslim shrines and
mosques and has increased allotments to refurbish and maintain
them in an apparent attempt to win support from the devout.
While the Government has assumed much greater authority in
Islamic religious affairs since 1981, the law has not been
invoked against Iraq's Christian sects. Iraq's Christians
number more than 500,000 and constitute nearly 4 percent of
the population. Their freedom of worship in churches of
established denominations is legally protected, but they are
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IRAQ
not permitted to proselytize or to hold meetings outside
church premises. Convents and monasteries exist, and some new
churches have been constructed, in some cases with government
financial support. The Jewish community is believed to have
decreased from 150,000 following World War II to about 400.
It was severely persecuted in the past, but there is no
evidence of recent persecution. One synagogue in Baghdad
still functions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Iragis are generally free to travel within the country and to
change their residences or workplaces. However, they are
likely to be constrained by social, cultural, and religious
traditions which define the areas occupied by the various
ethnic and religious groups. Sensitive border and other
security areas are off-limits. Civilian travel in the war
zone is restricted. Curfews are in effect where Kurdish
insurgents have been active. There are police checkpoints on
highways and outside major towns, but most Iragis and
foreigners travel freely in nonrestr icted areas. Foreign
diplomats must obtain Foreign Ministry permits for travel
outside of Baghdad, which are usually granted when reguested
sufficiently in advance.
All Iragis and most foreigners who have remained in the country
for more than 2 weeks must obtain exit permission. Travel has
been even further limited since September 1986 when severe
restrictions on currency exchange were imposed. Because of
the war's drain on the economy, permission to travel abroad is
restricted to a few categories of Iragis, including officials,
government-approved students, and persons needing medical
treatment. (While permission for medical treatment abroad may
be granted, permission to transfer hard currency abroad to pay
for it usually is not.) The Government seeks to limit the
countries an Iragi traveler may visit and, should the traveler
visit a nonauthorized country, a small fine may be levied upon
his return. Iraqis who have residences abroad may depart the
country provided they originally had left before the war began.
In general, a married woman must have the permission of her
husband to travel abroad.
The Government can reguire a prospective traveler to post a
substantial bond to assure return. The RCC decreed in 1987
that Iragi students abroad who refuse to return to Iraq must
reimburse the Government for all education received in Iraq or
abroad at government expense. The resolution is applicable
retroactively to students who have refused to return since May
16, 1983, the day the Government began requiring those
employees who left government jobs before completing the
required 20 years of work to reimburse the State for the cost
of their education. Amounts due can be recovered by
confiscation; nonpayment may result in imprisonment. Each
student must provide a guarantor before traveling abroad.
This guarantor and the student's parents may be held liable
for the student's return.
There is no specific ban on emigration nor special restrictions
for members of minority groups; however, emigration is
discouraged. Prospective emigrants have had travel permission
delayed and have been harassed. Many emigrants leave behind
substantial property because of the difficulty of exporting
assets. Currency exchange violations are considered national
security offenses, and penalties can be severe.
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IRAQ
Alien spouses of Iraqi citizens who have resided in Iraq for
at least 3 years are required to become naturalized or leave
Iraq. Many people, including several Americans, have thus
been obliged to accept Iraqi citizenship and are therefore
subject to the present travel restrictions. In March 1984, a
resolution by the RCC reduced the residency period before
naturalization to 1 year for the spouses of Iraqis employed in
government offices. The Iraqi spouse faces penalties for
noncompliance, including loss of job, a fine of approximately
$10,000, and repayment of the costs of education.
In recent years, the Government has instituted special programs
to encourage the repatriation of qualified professionals.
Aliens of Iraqi origin can apply for a document permitting
them to enter and exit Iraq without a visa. Former Iraqis can
more easily obtain visitors' visas than can other aliens, who
generally must have an official sponsor.
Other persons of Iraqi origin are permitted to return,
including many persons who were admitted to other countries
as refugees. A number of such people, especially Assyrian
Christians, have returned on temporary visits. They are free
to come and go, within the limits of the present travel
restrictions, since they are not considered to have violated
Iraqi laws. However, those who emigrated only after the
beginning of the Iran-Iraq war, including several U.S.
permanent resident aliens, have been unable to depart Iraq
after returning.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government in
Iraq. The elitist Ba'ath Party, dominated by the President
and the party's Regional Command, rules Iraq. The party
reportedly has some 1.5 million adherents, representing about
10 percent of the population; but only some 50,000 "active" or
full members, less than 0.33 percent of the population,
participate inf luentially in party activities. There are two
other legal political parties, both Kurdish. They and the
Ba'ath Party constitute the Patriotic and Progressive National
Front, essentially a vehicle of support for the Government.
The two non-Ba'ath parties carry on only limited activity.
Members of the military or security services may engage in
political activities only within the Ba'ath Party.
Association with the party is not required for appointment to
senior government positions or military ranks or election to
the National Assembly, but normally is necessary to attain
political influence.
Opposition groups, including various Kurdish groups and
splinter parties, are severely repressed. The Communist Party
was removed from the National Front and declared illegal in
1979. The Da'wa Party, a violent dissident Shi'ite Group, is
still proscribed, and its members are subject to incarceration
and execution, as are members of other parties believed to be
cooperating with Iran.
General elections were last held for the 250-seat National
Assembly in 1984. The Government screened all the candidates
for consonance with Ba'ath party ideology. Though in theory
possessing a wide range of official duties, the Assembly
exercises little real authority. The most recent local
elections were held in the Kurdish Autonomous Region in August
1986.
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IRAQ
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Iraq denies charges that it violates human rights. Iraqi
officials claim Amnesty International and other human rights
groups receive information on which they base their charges
from pro-Iranian Iraqi exile groups in London and Paris. The
Government acknowledges some of AI's appeals and accusations
and in a letter to AI in July 1985 confirmed approximately
two-thirds of the executions AI said took place in February
and March 1985. The Iraqi Government contended, however, that
these were not political executions but executions carried out
for crimes against national security. In the past it has
offered to investigate allegations of torture if the victims,
interviewed outside Iraq, returned. None is known to have
done so.
There is no government office or official charged with
investigating human rights and coordinating with other
governments and international organizations on human rights.
Since 1980 the International Committee of the Red Cross (ICRC)
delegation based in Iraq has made regular visits to Iranian
prisoners of war (POW's) (whose number is estimated at 14,700)
and has assisted in Iraq's unilateral repatriation of some of
them. Iraq has received the ICRC president and other
delegates several times to discuss the treatment of POW's and
the protection of civilians in the Iran-Iraq war.
Iraq cooperates with the ICRC in efforts to resettle Iranian
civilian refugees in third countries. A total of 401 such
refugees had departed Iraq or had been accepted as refugees by
other countries as of June 1987. The United Nations High
Commissioner for Refugees (UNHCR) has begun to operate in Iraq,
having sent several delegations to register refugees and to
make efforts for their resettlement. The UNHCR intends to
establish a permanent office in Baghdad.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Ba'ath Party has been committed to the equality of the
sexes, and a series of laws since it came to power in 1968 has
steadily improved the status of women. Such laws have
protected women from exploitation in the workplace; granted
subsidized maternity leave; permitted women to join the
regular army. Popular Army, and police forces; and equalized
women's rights on divorce, land ownership, taxation, suffrage,
and election to the National Assembly. In the 1970's, the
Government imposed legal penalties on families that opposed
sending their women to literacy schools, and on men who were
seen harassing women. However, women may still travel abroad
only with the permission of their husbands.
The percentage of female students among students in elementary
schools climbed from 37.4 percent in 1977-78 to 46.4 percent
in 1982-3. Secondary school female enrollment went from 29.2
to 34.5 percent of students in the same period. About 32
percent of the students at universities and technical
institutes are female.
Women represent about 47 percent of agricultural workers and
about 25 percent of the total work force. The war has
accelerated the Government's drive to elevate the status of
women, and some Iraqis believe that it has permanently broken
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cultural barriers to the acceptance of women in traditional
male roles. Women have become increasingly visible as
architects, construction engineers, oil engineers, air traffic
controllers, factory and farm managers, and Air Force pilots.
Some 40,000 women were reportedly volunteers in the Popular
Army in 1982.
The General Federation of Iraqi Women (GFIW) was established
in 1969, the regime's first year in power, to promote the
Government's policies towards women. Membership in the GFIW
does not require affiliation with the Ba'ath Party. The GFIW
organizes conferences on women's issues, establishes training
courses for women, implements programs to eradicate illiteracy,
undertakes civilian war relief activities, and administers
nurseries. It drew up a 4-year plan (1983-86) to encourage
women to work outside the home and has opened four employment
offices in Baghdad for women graduates.
The use of minority languages is unrestricted. Kurdish, an
official language, is used in schools and media in Kurdish
areas. Turcomans publish in their dialect of Turkish.
The Shi 'a, who make up roughly 55 percent of the population,
have historically been economically, politically, and socially
disadvantaged throughout the Mideast. The Government has a
declared policy to raise their living standards and equalize
opportunities for economic and professional advancement. In
recent years, the Government and party have promoted Shi 'as
into prominent positions, and the economic and social status
of the Shi 'a has improved markedly. Nevertheless, the
Government maintains a close watch against Iranian attempts to
exploit dissatisfaction among the Iraqi Shi 'a, who share the
same branch of Islam prevalent in Iran.
Although Christians sometimes allege discrimination in
education and jobs, adherence to their religion has not
prevented many from obtaining wealth and professional
advancement. The Deputy Prime Minister and Foreign Minister,
a Chaldean Christian, has represented Iraq even at meetings of
the foreign ministers of the Organization of the Islamic
Conference. Other Christians hold important official and
private positions.
Citizens considered to be of Iranian origin bear special
identification, often precluding desirable employment or
impeding advancement. Many "Iranian" families have been in
Iraq for generations. Some say their forebears were not from
Iran but claimed Iranian nationality to evade Ottoman military
conscription.
CONDITIONS OF LABOR
Children are frequently encouraged to work as necessary to
support the family, a common social practice in the Middle
East. The employment of children is forbidden in state-run
enterprises or other than small-scale family enterprises. The
urban workweek is 6 days a week, 6 to 7 hours a day for
government workers; on Friday all but private vendors are
closed. Wages are set by the Government for public sector
workers (i.e., the bulk of the employed) and do not adhere to
any fixed per-hour or per-day rate; salaries are generally
deemed low but adequate. Wages in the small private sector
are set solely by supply and demand. Occupational safety
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programs are in effect in state-run enterprises and inspectors
make irregular visits to private establishments; enforcement
varies widely.
1180
ISRAEL AND THE OCCUPIED TERRITORIES*
Israel is a parliamentary democracy which guarantees by law
and respects in practice the civil, political, and religious
rights of its citizens. It has free elections, a multiparty
political system, an independent judiciary, and an elected
legislature (the Knesset) which may limit the Government by
legislation and can bring it down by a vote of no confidence.
There is no constitution; a series of basic laws defines the
responsibilities of government institutions. Emergency
regulations, associated with the state of emergency in force
since the founding of the State in 1948, are still in effect.
Israel and its Arab neighbors, except for Egypt, continue to
be in a formal state of war. Pursuant to the 1979
Egypt-Israel Treaty, Israel returned the remainder of the
Sinai Peninsula to Egypt in 1981. Israel continues to occupy
other territories (the Golan Heights, Gaza Strip, the West
Bank, and the eastern sector of Jerusalem) captured in the
1967 war. In mid-1985, Israel withdrew the bulk of its troops
from southern Lebanon, where they had been since the 1982 war,
but it still maintains a residual presence and continues to
support a local militia, the "Army of South Lebanon."
Many Israelis doubt that other Arab states are prepared to
accept Israel's right to exist on the basis of U.N. Security
Council Resolutions 242 and 338. Terrorist incidents within
Israel and the absence of peace treaties between Israel and
most of its Arab neighbors make security a dominant concern
for Israel.
Approximately 16 percent of the population of Israel are Arabs
who do not share the Zionist principles upon which the State
was founded. Some Jewish groups in Israel also reject Zionism.
Israeli society is characterized by its openness and by its
wide-ranging and lively public debate of virtually all issues
of popular concern. Police and internal security functions
are under the control of cabinet ministers who must answer to
the Knesset concerning the actions of personnel for whom they
are responsible and whose performance is subject to the
scrutiny of a vigorous free press.
Israel enjoys a relatively high standard of living. It has a
predominantly market economy with substantial governmental
participation and subsidized prices for basic commodities.
Economic policy has a strong orientation toward social
welfare. In recent years, Israel experienced increasing
balance of payments deficits, rising foreign debt,
triple-digit inflation, and declining foreign exchange
reserves. A new economic program, initiated in 1985, has
significantly reduced the level of inflation and improved
Israel's international financial position.
As in the past, the most significant human rights problems for
Israel in 1987 derived from the strained relations between the
Israeli authorities and some Israelis on the one hand and the
*Because of the sharply differing sociopolitical environments
in Israel and in the Arab territories which Israel has
occupied since the 1967 war, the respective human rights
situations are treated in separate but parallel fashion. The
report on the occupied territories follows the report for
Israel .
1181
ISRAEL AND THE OCCUPIED TERRITORIES
Arab inhabitants of the occupied territories on the other hand.
These problems were again exacerbated in 1987 by attacks
against Israelis in those areas and by acts of provocation or
violence by Jewish settlers. The number of attacks on Israelis
and acts of violence by settlers increased somewhat in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There is no indication that political killing is sanctioned by
Israeli authorities.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Such practices are prohibited by law and by regulation.
Evidence or confessions obtained under duress are inadmissible
in court, and the administrative codes of conduct of the
prison and police authorities contain stringent sanctions
against the use of force or brutality. Police officers
accused of brutality or violence against prisoners or suspects
may be prosecuted either in administrative courts for violation
of the code of conduct or in regular criminal courts for
criminal assault.
In October 1987, a special judicial commission, headed by
former Supreme Court President Moshe Landau, issued a report
which found that since 1971 the General Security Service (the
Israeli internal security agency or Shin Bet) had routinely
used physical and psychological mistreatment to obtain
confessions, which were often the only evidence against
persons accused of security offenses. The commission
reconunended that no criminal action be taken against Shin Bet
personnel who had employed illegal interrogation methods
before the report was issued. The commission recommended that
limited and clearly delineated "physical and psychological
pressure" may be exerted in the interrogation of terrorism
suspects. These allowable pressures as well as illegal
practices were defined in a secret annex submitted to the
Prime Minister.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Israeli law provides guarantees against arbitrary arrest or
imprisonment. Writs of habeas corpus and other procedural and
substantive safeguards are available. Defendants are
considered innocent until proven guilty.
Administrative detention is allowed under emergency regulations
and may be employed in security-related cases when it is
determined to the satisfaction of a judge that formally
charging a person would compromise sensitive sources of
evidence. Any person under administrative detention is
entitled to representation by counsel and must be brought
before the president of the appropriate district court within
48 hours of being taken into custody. Upon application of the
Defense Minister to a district court, the right to
1182
ISRAEL AND THE OCCUPIED TERRITORIES
representation by counsel may be delayed from 48 hours to 7
days in most instances and up to 15 days in terrorist-related
cases. Each case of administrative detention must be submitted
to judicial review at least every 3 months thereafter for the
entire period of detention. The decision of the president of
the district court can be appealed to the Supreme Court. No
cases of administrative detention were reported in Israel in
1987.
Israel does not accord prisoner-of-war status under the Third
Geneva Convention to prisoners captured in Lebanon following
the 1982 Israeli invasion of Lebanon who were not members of
the armed forces of another country.
Again in 1987, Israeli military forces brought an unknown
number of prisoners captured in southern Lebanon across the
border to prisons in Israeli territory in violation of the
Fourth Geneva Convention.
There is no forced labor.
e. Denial of Fair Public Trial
The right to a hearing by an impartial tribunal with
representation by counsel is guaranteed by law. The judiciary
is independent and effectively insulated from political
interference. With the exception of security cases, which may
be tried by military courts, all trials are open. In security
cases, Israeli law provides that part or all of a trial may be
closed, with the burden of justifying nonpublic proceedings
falling on the prosecution. Counsel is present during closed
proceedings. In some cases, security grounds are cited to
deny access to evidence by defendants or their lawyers. In
security cases, the law also allows for restrictions on the
choice of defense counsel, but there were no known cases in
1987 in which this provision was invoked.
In October the special judicial commission headed by former
Supreme Court President Moshe Landau issued its report on the
methods and practices of Shin Bet. The commission had been
set up after the Supreme Court ordered the release of an
Israeli Circassian army officer, Izat Nafsu, who had been
imprisoned for 7 years after being convicted of security
offenses on the basis of an extracted confession and false
evidence provided by the Shin Bet.
The Landau Commission report stated that by 1974 it had become
"well-rooted practice and the accepted norm" for Shin Bet
interrogators to lie to the courts about their interrogation
methods and that by the early 1980's Shin Bet interrogators
"had been given written instructions" on how to lie to the
courts when accused persons tried to retract their forced
confessions. As a result of Shin Bet assurances, which the
Landau Commission found to be systematic perjury over the last
17 years, the courts had refused to accept these retractions.
The Landau Commission recommended that external supervision
and control of the Shin Bet by the Prime Minister, the
Parliament, the Cabinet, and the State Comptroller should be
expanded and strengthened. It further recommended that the
Attorney General and military judicial authorities take steps
to permit retrials in response to all legitimate requests
submitted as a result of the report, and that guidelines
should be developed to allow prisoners sentenced in military
1183
ISRAEL AND THE OCCUPIED TERRITORIES
courts in the occupied territories (where there currently is
no appeal mechanism) the right to retrial.
On the ground that they were not aware of the regular and
systematic Shin Bet practice of perjury, the report
recommended that political, judicial, and military authorities
should not be held responsible. It also recommended that no
criminal action should be taken against Shin Bet personnel who
committed perjury before the report was issued.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Privacy of the individual and the sanctity of homelife and
correspondence are protected by law. However, Israeli Arab
political activists complain that their incoming and outgoing
mail is delayed or confiscated. There are effective legal
safeguards against arbitrary invasion of the home.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press, basic rights in Israel, are
limited by security-based censorship provisions. These rights
are protected by law and the judiciary and are broadly
exercised. An independent and vigorous press expresses a wide
variety of political opinion.
The media are censored under emergency regulations, which
allow prohibition of material that, in the opinion of the
censor, will harm the defense of Israel, the public safety, or
public order. Censorship decisions may be appealed through
the judiciary. In practice, censorship of the media is
usually limited to national security matters. Journalists
generally know which security-related areas are off-limits to
publication and practice self-censorship. Licenses to publish
newspapers are reguired and normally are routinely issued.
All newspapers are privately owned and managed.
In 1987 a weekly Arabic magazine was denied permission to
publish due to alleged connections with an external
Palestinian organization which advocates violence against
Israel. There was no allegation that the magazine
itself advocated violence.
Israeli radio and television are run by the independent Israel
Broadcast Authority (IBA). The Government helps to fund the
IBA and appoints its governing board, but has little control
over programming. The independence of the IBA is protected by
law, subject to the censorship provisions. Radio and
television programs are in Arabic as well as in Hebrew.
Movies and theater are subject to censorship if deemed
pornographic or otherwise offensive to religious or social
mores or likely to create a disturbance of public order.
Censorship board actions, rarely imposed, can be appealed in
the courts. Possession and distribution of literature
considered hostile to the State or issued by illegal
Palestinian organizations are punishable offenses.
Israeli law forbids public manifestations of support for
organizations defined by the State as terrorist in nature.
Proscribed acts include flying the Palestinian flag or
displaying its colors, displaying Palestinian nationalist
1184
ISRAEL AND THE OCCUPIED TERRITORIES
slogans, and publicly expressing support for the Palestine
Liberation Organization (PLO) .
Israeli law also prohibits the intentional fomenting of racism.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and the right to demonstrate are protected
by law and court rulings. Permits are required and routinely
granted for political rallies and outdoor meetings beyond an
established size. Any contact by Israelis with the PLO, its
subdivisions, non-PLO organizations classified by the
Government as terrorist groups, or with individual members of
these groups is punishable under Israeli law. In 1987 several
cases were initiated against Israelis who met with PLO
members, but no one has actually been prosecuted.
Israel has a free, democratic labor movement, which plays an
important role in social, economic, and political life.
Israel's most powerful labor organization, the General
Federation of Labor (Histadrut), and its affiliates operate
the largest national health insurance program and seven
retirement pension systems, as well as a number of large
industrial enterprises. About 85 percent of all Israeli
workers are Histadrut members. The membership includes 60
percent of the adult Israeli Arab population. Israeli
workers, including those in the public sector, make frequent
use of the right to strike. Histadrut has traditionally been
active in the international field; it runs a large labor
assistance program and is active in various international
labor organizations. Israel's labor laws are modern and
comprehensive; they reflect social democratic values and the
conditions of employment negotiated by Histadrut over many
years. The collective agreements law of 1957 governs trade
union representation and collective bargaining.
c. Freedom of Religion
Israel was founded as a Jewish state in which all citizens are
assured freedom of religion by law. Muslims, Christians,
Druze, and other minority religious groups make up about 17
percent of the population. The prevailing interpretation of
the Jewish nature of the State has been secular rather than
religious. The Law of Return of 1950, which abolished all
British Mandate restrictions on Jewish immigration, and the
Citizenship Law of 1952, which granted every Jew the right to
citizenship upon arrival in Israel, confers an advantage on
Jews in matters of immigration, residence, and citizenship.
All religious groups may maintain contacts with their
coreligionists outside Israel. Foreign clergy are permitted
to live in Israel to minister to their coreligionists.
Several thousand Israeli Muslims make the pilgrimage to Mecca
each year. There is no operating Islamic seminary in Israel.
Muslims may obtain such training in institutions in East
Jerusalem, the West Bank, Gaza, or Egypt. The International
Center of the Baha ' i Religion is located in Haifa, and a
Mormon study center is located in Jerusalem.
Under Israeli law, each religious community is governed in
matters of personal status by its own religious law and not by
civil law. A system of religious courts, which coexists with
the civil judiciary, does not fully protect the rights of
individuals who do not follow the dominant tradition within
their religious community. Difficulties do not normally arise
1185
ISRAEL AND THE OCCUPIED TERRITORIES
in religious worship, but do occur in areas such as marriage,
legitimacy, inheritance, or conversion. Women's rights, in
particular, are limited in some religious communities. Some
Jewish and Christian congregations have complained that local
and regional authorities have used zoning regulations to
prevent establishment or expansion of their congregations.
:o
An antiproselytizing law enacted in 1977 prohibits the
offering and receipt of material benefits as inducements tc
religious conversion. In 1979 the Justice Minister stated
that the law is not intended to restrict the religious freedom
of any community or to impede any community from the pursuit
of normal educational or philanthropic activities. Since its
enactment the law has not been employed, but it nevertheless
continues to cause uneasiness among some Christian groups.
Persons considered missionaries and purporting to belong to
missionary groups have been subjected to physical attacks by
individuals and in some cases harassment by extremist Jewish
religious groups. The police have been active in protecting
missionary groups.
The Ministry of Religious Affairs cooperates with and gives
financial support to various interfaith groups which seek to
promote understanding among different religious groups.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Under Israeli law, Israeli citizens enjoy freedom of movement
within the country and are free to travel abroad or to
emigrate, subject to government review to determine whether
military service obligations have been satisfied. Emergency
regulations, however, provide that Israeli citizens may be
confined by administrative order to their neighborhoods or
villages, barred from traveling to the occupied territories,
or prevented from traveling abroad. Restrictions of this
nature have been applied most often to Israeli Arabs. Bans on
the travel of an Anglican pastor. Canon Riah Abu al-Assal, and
of an attorney, both of whom are officials of the Progressive
List for Peace, a small, mostly Arab political party, were
extended by administrative orders of the Prime Minister in his
capacity as Acting Minister of Interior. A number of Arab
journalists are also under restrictions not to leave their
towns or are affected by other travel restrictions. In all
cases, the Israeli authorities maintain that the restrictions
are based on security grounds. Travel restrictions are
subject to court appeal, but restricted persons are routinely
denied access to evidence against them, and thus have been
unable to mount successful appeals.
Since 1948 Israel has taken in over a million Jewish refugees,
principally from the Middle East, North Africa, and the Soviet
Union, and has worked toward integrating them into its society
and economy; the flow of immigrants from abroad continued in
1987. United Nations General Assembly Resolution 194 of
December 11, 1948, calls upon Israel to permit Arab refugees
who left their homes in the 1947-48 fighting to return if they
are willing to live in peace, or to be compensated for their
losses if they choose not to return. Israel has refused to
recognize the validity of this resolution, pointing to the
uncompensated losses of its own citizens who fled Arab states
at the same time. Israel has allowed the return of some Arab
refugees under the principle of family reunification, but the
great majority of requests have not been approved. Israel
1186
ISRAEL AND THE OCCUPIED TERRITORIES
has, on occasion, indicated willingness to accept some refugees
in the context of a final peace settlement.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Israel is a parliamentary democracy with a multiparty system.
All adult Israeli citizens have the right to vote and to
participate in the political process.
The Israeli Arab community is underrepresented in the national
Government; 16 percent of Israel's total population is Arab,
but only 7 of 120 Knesset members are not Jews, and there are
no Arabs in the Cabinet. This may be due, in part, to poor
political organization within the Arab community and to
refusal by some Arabs to participate in Israeli politics.
Israeli Arabs are included in the parliamentary delegations of
several of the Zionist parties, the Progressive List for
Peace, and the non-Zionist Israeli Communist Party.
Israeli Arabs actively participate in local (municipal)
elections, and Israeli Arab municipal councils serve in Arab
towns throughout Israel. These municipal councils freely
participate in Israeli regional councils.
Women participate freely in the political process and account
for more than 40 percent of the political party membership.
Ten members of the Knesset and two of the judges of the
Supreme Court are women. There is 1 woman in the 23-member
Cabinet .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Human rights offices in the Ministry of Foreign Affairs and
the Ministry of Justice answer requests for information on
human rights laws and regulations and on specific cases from
nongovernmental domestic and international human rights
groups, as well as from foreign governments and
intergovernmental organizations. Officials in the Interior,
Defense, Religious Affairs, Housing, and Education ministries
also accept requests for information. Several human rights
groups in Israel work for the protection of individual
liberties and women's rights. Private Israeli groups, such as
the Israeli League for Human and Civil Rights, the Association
for Civil Rights in Israel, and Peace Now, freely criticize
Israeli government actions in Israel, the Occupied Territories,
and Lebanon. They issue statements and reports, hold press
conferences, and organize demonstrations without government
interference.
The Government permits visits to Israel by representatives of
private international human rights groups, as well as the
United Nations Economic and Social Council, the World Health
Organization, and the International Labor Organization. The
Government has generally permitted the International Committee
of the Red Cross to visit prisoners taken in Lebanon and the
occupied territories, but only after a delay of 14 days. The
Government also investigates and replies to most inquiries by
organizations such as Amnesty International.
1187
ISRAEL AND THE OCCUPIED TERRITORIES
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Women's rights in Israel are protected by law as well as by
governmental and private organizations. The Equal Opportunity
Law forbids discrimination on account of sex or marital or
parental status, and employers are legally bound to pay female
workers a wage equal to that paid male workers for the same or
generally similar work. Amendments to labor laws in 1987
allow women to choose between early retirement at age 60 or
mandatory retirement at age 65. Men do not have the option of
early retirement at age 60. Laws and regulations also provide
for protection of the rights of female employees with respect
to pregnancy and childbirth. The Government includes a senior
adviser on the status of women, and the Civil Service
Commission and several government ministries have officers
responsible for promoting fair treatment for women and
ensuring that the rights of women are protected.
Nongovernmental women's organizations also work to advance the
status of women, ensure equal opportunity in all fields, and
provide other family services such as child care for working
mothers .
Over 40 percent of university graduates are women, as are 39
percent of the work force. Fifty-two percent of Israeli civil
service employees are women. They account for approximately
two-thirds of the instructors employed in the educational
system. Women are underrepresented at the higher levels of
government and the civil service, although there is debate
over whether they occupy fewer senior positions as a result of
discrimination or because they generally follow different
career patterns from those followed by men. Women are well
represented in professional and technical jobs in the media,
and work in a broad range of nongovernment professions and
other occupations. Women are drafted into the army but are
barred from many positions (some because they are
combat-related) .
By law, the Israeli Arab minority has equal rights in most
respects, and Israeli Arabs have made substantial educational
and material progress since the founding of the State. A few
have risen to responsible positions in the civil service,
generally in the Arab departments of government ministries.
Despite some governmental and private efforts to bridge the
gap, there is little social interaction between Israeli Arabs
and Israeli Jews, and Israeli Arabs tend to feel estranged
from the mainstream of Israeli society and political life.
They are disadvantaged in their access to, and the quality of,
education, housing, and other services, and are discriminated
against in such areas as employment and appointment to
government positions. Government grants to Arab local
councils represent a smaller percentage of the budgets of
these bodies than is the case for government grants to Jewish
municipalities. In 1987 Arab local councils held several
short work stoppages and organized a 1-day general strike to
protest the lack of budget parity.
While Arabs make up about 16 percent of the population of
Israel, less than 2 percent of senior government positions are
held by Arabs, less than 3 percent of Israeli judges are
Arabs, and no large bank, industrial enterprise, or
agricultural undertaking in Israel is headed by an Israeli
Arab. Only 3 percent of university students and less than 1
percent of the university academics are Israeli Arabs.
1188
ISRAEL AND THE OCCUPIED TERRITORIES
Druze and Circassians are subject to Israel's military draft,
and some Bedouin serve voluntarily in special units. Most
Israeli Arabs do not wish to serve, however, and most of those
who do wish to enlist are disqualified on security grounds.
They therefore are not eligible for many economic and social
benefits which require military service as a precondition.
Nonveterans are particularly disadvantaged in seeking housing
and new-household subsidies, and in applying for government
employment and scholarships in the universities.
CONDITIONS OF LABOR
Legislation enacted in 1986 established the minimum wage at 45
percent of the average salary as determined by the Central
Bureau of Statistics. The Labor Ministry frequently uses
provisions of the 1957 Collective Agreements Law to extend
provisions of collective agreements to workers not covered by
agreements. Public sector negotiations in 1987 lowered the
maximum workweek to 45 hours for the public sector. Private
sector negotiations moved toward a shorter workweek but remain
at a legal maximum of 47 hours. Maximum legal work hours are
8 hours per day, 45 hours per week. The Youth Labor Law of
1955 prohibits the employment of children under the age of 15
and regulates employment of youths under the age of 18. The
Labor Inspection Law of 1954 provides a labor inspection
service to enforce health and safety standards in the
workplace.
Approximately 120,000 Palestinians from the West Bank and Gaza
daily enter Israel legally for employment; they are not
allowed to remain overnight. There is also a large "gray
market" for the labor of Palestinians from the occupied
territories. Working conditions and wages, particularly for
the gray market laborers, are often below Israeli legal
standards .
1189
THE OCCUPIED TERRITORIES
In the course of the war of June 1967, Israel occupied the
West Bank, East Jerusalem, the Golan Heights, the Gaza Strip
and the Sinai Peninsula. As a result of the peace treaty
between Egypt and Israel, the Sinai Peninsula was restored to
Egypt. No peace treaty, however, has been concluded between
Israel and its other neighboring countries. The West Bank and
Gaza remain under military government. Israel unilaterally
annexed East Jerusalem and regards the Golan Heights as
subject to Israeli law, jurisdiction, and administration.
The United States recognizes Israel as an occupying power in
all of these territories and therefore considers Israeli
administration to be subject to the Hague Regulations of 1907
and the 1949 Fourth Geneva Convention concerning the protection
of civilian populations under military occupation.
Israel denies the applicability of the Fourth Geneva Convention
to the West Bank and Gaza, although it states that it observes
many of the Convention's provisions in these areas. Israel
enforces Jordanian law in the West Bank and British Mandate
regulations in the Gaza Strip, although it has issued military
orders significantly altering or overriding substantial
portions of many of these laws.
Since 1967 approximately 60,000 Israeli citizens have taken up
residence in the West Bank and Gaza, most of them in suburban
enclaves. Their presence has resulted in a dual system
wherein Palestinians are subject to laws and regulations in
effect before the 1967 war, as amended by Israeli military
authorities, while Israeli residents are subject to laws and
regulations applicable to Israeli nationals living in Israel.
The complex human rights situation in the occupied territories
arises from the absence of a peace settlement; the territories
remain under military administration, and communal conflict
continues between occupation authorities, Israeli settlers,
and the Palestinian population. Among the signs of friction
are active resistance to the occupation, including episodes of
violence, sometimes encouraged by outside groups. Friction
also arises from security measures taken by Israel to counter
terrorism or other perceived threats to security. Other
concerns include Israel's denial of residency rights to
spouses and relatives of some residents and to those who try
to return to the occupied territories following prolonged
absences. Discontent is also caused by civilian Israeli
settlers who are governed by different rules from those
imposed on Palestinians, and who sometimes engage in violent
activities against Palestinians. The advocacy by some Israeli
political figures of annexation or permanent control of the
territories, and the refusal of the main Palestinian
organizations to recognize Israel or to accept a negotiated
peace, further contribute to a complex situation.
For many years, the situation in the occupied territories has
fluctuated between periods of calm and periods of unrest, but
tensions have been chronic and increasing, especially in the
refugee camps and among younger Palestinians. Beginning in
early December 1987, there were several weeks of violent
confrontation, involving demonstrations and provocations by
Palestinians and harsh reprisals by Israeli occupation
authorities to restore security, which resulted in 22
Palestinian deaths and numerous less serious casualties on
both sides by the end of the calendar year.
1190
THE OCCUPIED TERRITORIES
Israel implements its policy in the occupied territories
through a Civil Administration created in 1981 under Defense
Ministry control and staffed by military and civilian
personnel. Israel's national police, border police, internal
security service (Shin Bet), and the Israel Defense Forces
(IDF) all have roles in the Civil Administration. The
national police, which includes local Palestinians in its
ranks, is seldom criticized by Palestinians for abuses, but is
often castigated for its ineffective measures to combat
crime. There are frequent complaints by West Bankers and
Gazans about the actions of the Border Police, IDF, and
security services.
The Civil Administration has sought to reshape local politics,
notably by trying to reduce the influence of the Palestine
Liberation Organization (PLO) and other dissident Palestinian
organizations. Israel has also discouraged political
organizations above the municipal level, and has transferred
powers of Palestinian bodies to the Civil Administration.
Authorities permitted municipal elections in 1972 and 1976,
but postponed subsequent elections on security grounds, and
removed many elected and appointed local officials. Threats
by extremists have also inhibited the development of moderate
Palestinian leaders; even those who have expressed support for
the PLO have been intimidated for cooperating with Israel or,
at times, for even engaging in dialog with Israelis. Since
1985, Israel has replaced several Israeli military appointees
with non-PLO Palestinian mayors who have local and Jordanian
support .
Israel has allowed the establishment of four universities in
the West Bank and one in Gaza, but has restricted certain
student and faculty activities which it believes threaten
security. All five universities and many other schools were
closed by the military government for varying periods in
1987. Several students were killed in clashes with IDF
soldiers during demonstrations at West Bank campuses.
Israel permits criticism of its policies by the East
Jerusalem-based Arabic press, but often censors articles or
editorials and restricts circulation of Arabic publications in
the West Bank and Gaza. Broad restrictions on free speech and
assembly apply in the occupied territories.
During 1987 there was a significant increase in violence and
instability in the occupied territories, causing suffering to
both Palestinian residents and Israeli settlers. With the
exception of the major unrest at the end of 1987, PLO factions
and various PLO dissident groups claimed responsibility for
nearly all violent acts against the IDF, Israeli civilians, or
Palestinians who disagreed with such groups. Yet, much of the
violence appears to have been spontaneous or locally generated.
Incidents of violence by Israeli settlers increased during the
year, including the shooting death of one Palestinian youth,
the use of unauthorized armed patrols, physical harassment,
disruption of legally authorized political meetings, attacks
on refugee camps, and running of IDF roadblocks. Occupation
authorities stated they would take legal action against the
settlers, and several were arrested. However, Palestinians
assert that the authorities are generally lenient with Israeli
settlers who violate security regulations.
1191
THE OCCUPIED TERRITORIES
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Political killing is not condoned by Israel. However, there
have been casualties as a result of both terrorist acts and
Israeli security measures. In 1987, 42 Palestinians were
killed and approximately 300 were wounded, of whom 22 were
killed and approximately 150 were wounded in unrest in
December, by the IDF or other Israeli security forces. The
majority of the Palestinian casualties resulted from the use
of lethal force by the IDF against demonstrations during which
rocks, other objects, and sometimes Molotov cocktails were
thrown at IDF soldiers. However, some of the Palestinian
casualties were passers-by hit accidentally by IDF gunfire and
others were unarmed persons fleeing from the IDF or running
IDF roadblocks. An Israeli settler was arrested by the
authorities and charged with killing a Palestinian in Gaza.
Palestinians were believed responsible for the killing of 2
IDF soldiers and 6 Israeli civilians in 1987, as well as the
wounding of approximately 135 other Israeli soldiers and
civilians .
In some cases, Israeli military authorities have prosecuted or
taken administrative action against IDF soldiers who have
fired on unarmed Palestinians. However, Palestinians have
charged that punishment of IDF personnel is often light or is
suspended.
b. Disappearance
Israeli authorities neither sponsor nor condone disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is forbidden by Israeli law, and Israeli authorities
state that they do not condone torture.
Palestinians and international human rights organizations
complain of widespread and systematic mistreatment of
prisoners. Amnesty International reports that confessions are
extracted from suspects by severe interrogation and that
security prisoners are subject to beatings, extended solitary
confinement, hooding, and cold showers. Nearly all
convictions in security cases are based on confessions.
Attorneys are normally not allowed to see clients until after
the suspects have confessed. The International Committee of
the Red Cross is also denied access to prisoners for a
prescribed period, resulting in freguent charges of physical
mistreatment that are difficult to corroborate or disprove.
Most interrogations are carried out by the General Security
Service (Shin Bet) . In 1987 a special judicial commission
headed by former Israeli Supreme Court President Moshe Landau
issued a report on Shin Bet practices since 1971. The
commission found that Shin Bet officials for many years had
used physical and psychological pressure to obtain
confessions, and that they had routinely perjured themselves
by denying in court that such mistreatment had occurred.
1192
THE OCCUPIED TERRITORIES
In September a report was published by an Israeli Arab
Anglican priest and two Americans about children in Israeli
prisons, providing details of alleged mistreatment of persons
under 18 years of age. The report described 16 cases of minors
whose experiences, while being held in Shin Bet interrogation
centers, were said to reveal a pattern of abuse of Palestinian
children by the IDF. The General Security Service, which
conducts most interrogations, did not comment on the report.
In October, five guards from the "Ansar II" military prison in
Gaza were convicted of mistreating juvenile prisoners. In
November, General Amram Mitzna, Officer in Charge of the IDF
Central Command, announced that the commander and most of the
staff of the FARA military prison in the West Bank had been
dismissed and replaced by more professional military police.
He also announced that new regulations had been adopted for
the detention and treatment of juvenile prisoners. Among the
new regulations are provisions reguiring approval of the Legal
Adviser for the Occupied Territories before arresting anyone
under 14 years of age, "to ensure that children are not
imprisoned without sufficient reason." New procedures were to
be instituted "to enable better control over how children aged
12 to 14 are treated in prison."
d. Arbitrary Arrest, Detention, or Exile
Persons arrested for common crimes in the occupied territories
are usually provided the opportunity for bail, access to an
attorney, and a clear statement of charges, although these
rights are sometimes delayed. Individuals may be held in
custody without formal charges for up to 18 days. The normal
detention period after charges are filed is 60 days before
trial. This can be extended indefinitely by a Supreme Court
judge for 3-month periods.
Persons held for security reasons are not allowed bail and
initially are denied access to counsel or other outside
contact. Many Palestinians suspected of security offenses are
arrested without warrants. Officials at times have declined
to confirm detentions to consular officers who have inquired
on behalf of nationals of their countries. Under Israeli law,
denial of notification of arrest to third parties, including
immediate family members, can be extended for up to 15 days.
Many who are released without charges have claimed ignorance
of the reasons for their detention. Security detainees are
usually denied access to their attorneys for 18 days, and
access may be denied indefinitely for security reasons or if
officials believe granting access would impede the
investigation.
Palestinians are often detained, sometimes in sizable numbers,
after terrorist incidents or demonstrations. Such detentions
usually do not result in formal charges and are not prolonged.
Persons arrested during demonstrations are tried in military
courts on security grounds. Security forces commonly detain
persons without prompt notification of their relatives and
without the use of warrants.
Israeli authorities often impose curfews or close off
Palestinian areas on the basis that they are conducting
investigations following security incidents. These actions
disrupt the daily lives of the Palestinian inhabitants, who
charge that the actions are a form of collective punishment.
1193
THE OCCUPIED TERRITORIES
The use of 6-month administrative detention and deportation
continued in 1987, when 9 Palestinians were deported and over
120 Palestinians were placed under administrative detention.
The United States has stated that deportation is inconsistent
with the Fourth Geneva Convention. Administrative detentions
require confirmation by a military judge. The hearing is
confidential and the detainee and counsel are routinely denied
access to evidence cited as grounds for the detention, since
judges usually determine that confidentiality of the evidence
is required for security reasons. Such rulings can be
challenged in Israel's Supreme Court, which has yet to
overturn any of these determinations.
There is no forced labor in the occupied territories.
e. Denial of Fair Public Trial
Jordanian law, substantially modified by Israeli military
orders, remains in force in the West Bank for most criminal
and civil matters. British Mandatory law, as modified by
Israel, prevails in Gaza. The application of these laws,
except in land acquisition and security cases, or where
jurisdiction has been transferred by military order, has been
left in the hands of an independent Palestinian judiciary.
Palestinian residents of the occupied territories accused of
nonsecurity offenses receive public trials in local courts.
Israeli law is applied in East Jerusalem and the Golan Heights.
Palestinians accused of security offenses, which are not
precisely defined under Israeli law, are normally tried in
Israeli military courts and ere defended by counsel. However,
Israeli residents of the occupied territories who are accused
of security offenses are tried by the Israeli district court
closest to their residence or the site of the offense. The
Israeli district courts are stricter than military courts
regarding admissibility of evidence and general standards of
judicial practice.
Most military trials are public, except for some cases
involving serious security offenses, but many trials involve
the use of at least some secret evidence, which neither the
accused nor his attorney can see. At the request of the
defendant, the Supreme Court will review whether sufficient
security grounds exist to keep the evidence secret. It
appears that the Supreme Court has always upheld the use of
secret evidence. Consular officers are normally able to
attend court proceedings involving foreign citizens.
Palestinian minors are tried in the same courts and under the
same rules as adults. Convictions in these courts are often
based on confessions recorded in Hebrew, a language most
residents of the occupied territories do not understand.
Orders of the Civil Administration may be appealed to the
Israeli Supreme Court. Nonjudicial administrative orders of
the military government may be appealed to area military
commanders and the Supreme Court. Military court verdicts are
not appealable, except on broadly interpreted procedural
grounds to the Supreme Court, although the area commander may
exercise the right of commutation.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under occupation regulations, military authorities may enter
private homes and institutions without prior judicial approval
1194
THE OCCUPIED TERRITORIES
in pursuit of security objectives. An existing military
order, for example, permits soldiers to search persons or
premises on the West Bank without warrant on the suspicion
that a person or organization may possess a proscribed
publication.
In the West Bank and Gaza during 1987, at least 6 Arab houses
were demolished and 13 sealed after their occupants or
relatives of the occupants were accused of involvement in
security incidents. Twenty-six individual rooms were also
sealed. Such actions were usually taken before the suspects
were tried.
Most Palestinians and other observers believe that mail and
telephone services in the West Bank and Gaza are monitored.
Individuals are questioned on their political views by
security officials. Such inquiries have in some cases
involved overnight detention.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of expression is generally allowed, subject to
restrictions imposed by the authorities on security grounds.
Proscribed acts include displaying the Palestinian flag, its
colors, or Palestinian nationalist slogans, and publicly
expressing support for the PLO.
The Arabic press, most of which is located in East Jerusalem,
is outspokenly critical of Israeli policies and actions.
Stories about arrests, prison sentences, land seizures, and
other controversial topics are generally reported, but
editorials and articles are often censored in whole or in
part. All items in Jerusalem's Arabic press must be submitted
to the censor for prior review, and at least 20 editorials and
commentaries were censored in 1987. Several Palestinian
journalists were interrogated about allegedly inflammatory
articles or for failing to submit articles to the censors.
The censor also prevented East Jerusalem Arabic papers from
printing stories about alleged Israeli torture of Palestinian
prisoners until Israeli papers ran the story. Hebrew papers
need submit only articles on military security matters to the
censors. Censorship decisions may be appealed to the chief
censor .
Materials licensed to be published in East Jerusalem are free
to circulate throughout Jerusalem but need a further license
for distribution in the West Bank and Gaza. In 1987 two
newspapers were denied the right to distribute for 2 weeks for
failing to submit material to the censors. Military orders
also forbid the printing or publishing of politically
significant material without a license. Political
significance is not defined in the orders. During 1987
Israeli authorities closed one Jerusalem press agency for 6
months and one West Bank agency for 2 years. Another West
Bank publishing company was closed for 6 months.
A permit is required for publications imported into the
occupied territories. Arabic educational materials,
periodicals, and books originating outside Israel are censored
and may be banned for anti-Semitic or anti-Israeli content, or
for encouraging Palestinian nationalism. In the past several
years, the number of titles banned by Israel has declined
significantly. Possession of banned materials by West Bank or
1195
THE OCCUPIED TERRITORIES
Gaza Arabs is a criminal offense. Usually, however, possession
of illegal publications is one of a series of charges levied
against persons accused of security offenses.
At some point in 1987, Israeli authorities closed every
university, as well as a number of vocational, secondary, and
elementary schools, in the West Bank and Gaza on security
grounds. The schools were closed for periods ranging from 1
day to 4 months, and some were subject to repeated closures.
Military authorities also accused some Palestinian students of
being agitators and expelled them from the occupied territories
in violation of the Fourth Geneva Convention.
The Hakawati Theatre in East Jerusalem, a Palestinian
nationalist ensemble, was closed 6 times for periods of 12 to
24 hours to prevent the staging of plays deemed harmful to
Israeli security. Arabic-language radio and television
programs from Jordan, Syria, and other Arab countries,
including broadcasts of the Voice of Palestine, are received
in the occupied territories without interference. Foreign
journalists have not reported difficulties in meeting
inhabitants of the occupied territories, although one foreign
journalist was briefly detained in 1987 after interviewing an
IDF soldier in uniform. As with reports by the local Arabic
press, all reports filed by the foreign press are subject to
military censorship.
b. Freedom of Peaceful Assembly and Association
Professional, labor, and fraternal groups are active and often
take public stands on political issues. Political parties and
other groups viewed as primarily political are not permitted.
Public gatherings of more than 10 people require permission,
which is often withheld from both Palestinian and Israeli
groups on grounds of public order.
There are approximately 40 labor unions in the occupied
territories, grouped into 2 rival federations. Since the
beginning of the occupation, 15 new labor unions have been
permitted to register in the West Bank, but over 100
applications have been turned down, and several Arab unions
have been disbanded by Israeli authorities because of asserted
security concerns. During 1987 Israeli authorities closed
down three labor union offices in the West Bank. The Young
Men's Muslim Association in Hizma Village was closed for 6
months, and Women's Day celebrations were banned in Qalqilya.
West Bank unions are generally small and confined to urban
workers in skilled craft trades. Israeli authorities must
approve all candidates for union positions, but subsequent
elections are held without interference. Strikes are legal,
except when conducted for political reasons.
c. Freedom of Religion
Freedom of religious practice exists in the occupied
territories. No group or sect is banned on religious grounds.
Muslim and Christian holy days are observed without hindrance,
and Muslims and Christians operate a variety of private schools
and institutions. There has been no reported interference with
the publication or distribution of religious publications.
Israel protects Muslim and Christian holy places and assures
freedom of access to them. On occasion, the authorities have
1196
THE OCCUPIED TERRITORIES
denied both Arab and Jewish groups access to certain religious
sites on religious or security grounds.
Israel facilitates travel into Jordan for Muslim pilgrims to
Mecca by expediting bridge clearance procedures and extending
the hours of operation of the bridges. In 1987 several
thousand pilgrims from the occupied territories made the hajj.
However, 20 were reportedly refused permission on security
grounds .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement is generally unrestricted for Arabs within
the occupied territories, but some restrictions exist.
Approximately 100,000 Palestinians travel daily to Israel to
work. All residents over 16 must carry identity documents and
show them to security officials if requested. Arab vehicles
are often stopped for security checks, sometimes by Israeli
settlers at unauthorized roadblocks. Palestinians residing in
the occupied territories need permits to remain overnight in
Israel or East Jerusalem; West Bankers and Gazans are
generally forbidden to remain in East Jerusalem after
midnight, but the rule is not always rigorously enforced.
Following violent incidents, curfews lasting several hours to
a day are often imposed in the surrounding area. At least 10
West Bank towns and 5 refugee camps were placed under curfew
at least once during 1987. The Deheisheh and Balata camps were
under curfew more than 10 times. Israeli authorities justify
curfews as security measures, but Palestinians often perceive
these restrictions as a form of collective punishment.
In 1987 over 100 Palestinians were placed under new or renewed
orders restricting them to their towns for 3 months or more.
Such orders do not require formal charges and are made by
regional military commanders without judicial review. Many of
those affected were political activists, outspoken critics of
Israeli policies, or PLO supporters.
Most inhabitants of the occupied territories are permitted to
travel abroad, and many thousands do so each year. Exit visas
are required. Many residents of the West Bank are Jordanian
citizens and use Jordanian passports for travel to or through
Jordan. Israel issues laissez-passers to residents of the
occupied territories to facilitate foreign travel from ports
and airports in Israel. In some of these cases, restrictions
are imposed on reentry. Travel bans are also imposed on some
persons suspected of, but not charged with, antioccupation
activities .
Israeli security forces have banned travel by Palestinian
residents of certain areas and some bans have lasted for more
than 2 months. Travel bans were imposed on at least 10 West
Bank towns and villages in 1987. Two-way travel between the
West Bank and Jordan is permitted, and all members of the
Jordanian Parliament resident in the West Bank were allowed to
travel freely to attend parliamentary sessions. Israeli
authorities justify travel bans as security measures, but
Palestinians often perceive these restrictions as a form of
collective punishment.
There are no obstacles to emigration. Israel sometimes
refuses to renew the laissez-passers of West Bank residents
who study or work abroad, on the ground that they have
1197
THE OCCUPIED TERRITORIES
abandoned their residence, even though they may not have
acquired foreign citizenship. Those who have acquired foreign
citizenship are ordinarily not allowed to resume residence in
the West Bank. Persons subject to these restrictions are
permitted to return to the West Bank as tourists only, and are
sometimes refused entry entirely. Entry or residency
permission is frequently denied to spouses, relatives, and
children, following the emigration of the head of their
household. Israel also has not permitted the return of many
former West Bank residents who were not present in the
territories, for whatever reason, at the time of a 1967 census
conducted several months after the June war.
Persons who marry residents of the occupied territories do not
have the right to take up residency in the occupied
territories. The majority of those wishing to join their
families in such cases are refused permission to do so.
Israel states that such requests are granted for humanitarian
reasons. However, Palestinians assert that there are over
10,000 family reunification requests pending, many of them for
several family members. Israel permitted approximately 1,400
persons to rejoin Palestinian families in 1987.
Gazans normally do not need prior approval for travel to the
West Bank. Under special arrangements concluded between
Israel and Egypt, thousands of Gazans regularly cross into
Egypt, particularly to work or visit relatives in the divided
city of Rafah. Israel permits Golan Heights Druze to return
after attending school in Syria; it has not, however,
permitted the return of other Syrians who fled or were
expelled from the area during and after the 1967 war.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
There is no self-government in the territories above the
municipal level. Palestinians are not represented on the
Higher Planning Council, the main regional body in charge of
physical planning. At the municipal level, Arab civil
servants, institutions, and municipal officials operate under
the Civil Administration. Most villages retain their
traditional leadership. No Palestinian political parties or
overtly political organizations are permitted.
Municipal elections were last held in 1976. A few elected
mayors have continued to hold office. Others were dismissed
and replaced by Israeli officials. In October 1985, Arab
mayors were appointed to replace Israeli officials in
Ramallah, El-Bireh, and Hebron. With these appointments, all
West Bank municipalities now have Arab mayors. Bethlehem and
Tulkarem are the only major towns governed by elected Arab
mayors. Arab residents of East Jerusalem are permitted and
encouraged to vote in Jerusalem municipal elections.
Approximately 20 percent did so in the 1983 elections.
Most Palestinian residents of the West Bank are Jordanian
citizens and as such are represented by 2 senators and 30
members of the Jordanian Parliament. Although Jordan has held
elections to fill vacant seats in Parliament, Israel has not
permitted similar elections in the West Bank since 1967.
1198
THE OCCUPIED TERRITORIES
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Many local groups, both Israeli and Palestinian, are concerned
with human rights issues. Publications =ind statements from
these groups are allowed to circulate in the occupied
territories. Arab and Israeli human rights groups continued
to increase their coordination during 1987.
Israel normally permits international human rights groups to
visit the occupied territories and does not interfere with
their investigations. However, one member of Law in the
Service of Man, the main West Bank human rights group, was put
under administrative arrest on security grounds in 1987. The
military censor also prohibited the group from publishing
requests for students who had been arrested to contact the
organization about their situation.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Palestinians living in the West Bank and Gaza are subject to
pre-occupation Jordanian law as amended by laws and
regulations of the Israeli military authorities. Jewish
settlers residing in these areas, however, are subject to the
same Israeli law, jurisdiction, and administration as applied
to Israeli nationals residing in Israel. Under this dual
system, on a broad range of issues, including the right to due
process, the acquisition and loss of residency, freedom of
movement, land use, and access to social services,
Palestinians in the West Bank and Gaza are usually treated
less favorably than Jewish settlers in the same areas. In
addition, Jewish settlers involved in security violations have
generally been treated more leniently by Israeli security
personnel than Palestinians involved in similar incidents.
Israel has declared that Israeli law applies to all
inhabitants of East Jerusalem and the Golan Heights.
The use of land by Israeli authorities for military purposes,
road projects, Israeli settlements, and other purposes which
restrict access, significantly affects the lives and economic
activities of Palestinians. Palestinians are excluded from
the Higher Planning Council, which draws up plans for land use
in the occupied territories, and exercises certain powers
transferred from local municipal and village councils in
1971. Government planning bodies, military officials, and
Israeli settlers are represented on the Council.
The authorities have discriminated against the Palestinian
population in the use of a substantial portion of the land in
the occupied territories which is under government control.
Approximately 5 percent of the land to which Palestinian
access has been restricted has been turned over to Jewish
Israeli nationals for residential, agricultural, or industrial
use.
The Government of Israel funds basic services for
Palestinians, primarily from tax revenues generated in the
occupied territories. However, Israeli settlements also
receive large annual subsidies from the Government, and
individual Israelis may receive inducements to take up
residence in the occupied territories. Palestinians do not
receive such assistance.
1199
THE OCCUPIED TERRITORIES
Palestinians returning from Jordan, as well as other Arabs and
persons of Arab descent, regardless of citizenship, are subject
to extensive searches, and many complain of unnecessarily harsh
or humiliating treatment and harassment.
The West Bank is served by four universities, one college, one
community college, and a variety of other educational
institutions, all established or upgraded since the beginning
of the Israeli occupation. None of the universities receives
financial support or other assistance from the occupation
authorities. Palestinian teachers in the occupied territories
must receive certificates from the Israeli authorities, the
issuance of which is based on security and political criteria
as well as professional competence.
The Israeli-occupied portion of the Golan Heights consists of
1,295 square kilometers, and has an Arab population of about
15,000, mostly Druze and a small percentage of Alawites.
Approximately 7,500 Israeli settlers live in some 32
settlements in the Golan Heights. Druze village councils have
complained that they do not receive sufficient funding to
provide minimal municipal services, and a third of the
estimated 4,000 school children are reported to be studying in
substandard classrooms.
There are no legal or administrative prohibitions on the
employment of women in the occupied territories, although
traditional cultural mores and family commitments restrict
most to homemaking. Most Palestinian women holding jobs
outside their homes reside and work in urban areas.
Employment of women is concentrated in service industries,
education, and health services, with a small number working in
journalism, law, and other professions.
Although women legally have equal access to public education,
custom and family pressures limit the number of women in West
Bank schools. Even so, female school enrollment is quite high
by Middle Eastern standards. A little over 45 percent of the
primary and secondary school students are female. While female
enrollment at the postsecondary level varies from 30 to 45
percent at coeducational colleges and universities, a number
of West Bank teacher and vocational training centers are all
male or all female.
There is a wide range of women's cooperative groups for health
care, child care, handicraft production, vocational training,
and other services. The Society for the Preservation of the
Family is active throughout the West Bank in supporting
women's needs.
CONDITIONS OF LABOR
Working conditions in the West Bank are governed by the
Jordanian Labor Law of 1960, which allows a maximum workweek
of 48 hours, except for certain hotel, food service, and
cinema employees, whose workweek is 54 hours. There is no
minimum wage provision. Child labor is not permitted.
Histadrut, the Israeli National Labor Organization, has taken
steps to assure that working conditions for Golan Druze and
residents of East Jerusalem are comparable to those of
Israelis .
1200
JORDAN
Jordan is a hereditary monarchy with a constitution granting
the King broad powers. The King forms and dissolves
governments and is the ultimate arbiter of policy. The Prime
Minister and the Council of Ministers (Cabinet), however,
exercise considerable responsibility over many issues. The
Constitution also provides for a bicameral parliament and an
independent judiciary.
Martial law has been in effect since the 1967 war, which ended
with Israel's occupation of the West Bank. Under martial law,
some detained persons have been denied opportunity to
communicate with concerned individuals for varying periods,
usually not exceeding several months.
Jordan has a mixed economy, with government participation in
certain sectors, largely in communications, transportation,
and heavy industry. The Government of Prime Minister Zaid
Rifa'i, formed in April 1985, has taken a number of steps to
reduce state involvement in industry and to promote free
enterprise. Declining foreign assistance and remittances, a
weak regional economy, and other external economic factors
have caused Jordan's healthy economic growth of the past
decade to level off in recent years. While this economic
adjustment has been difficult, Jordan's economic managers have
sought to minimize its impact on the population.
In 1987 persistent press censorship and dissolution of the
Jordan Writers Association for alleged political affiliations
marred the human rights situation, which was otherwise
unchanged. The absence of political parties, the continuance
of martial law, and the scope of powers exercised by the
police are areas of concern, but recent trends remain
favorable. The increased opportunities for women in all areas
of life, the continued importance given to the rule of law and
an independent judiciary, and the gradual evolution of the
Parliament (including the election of two new members, one
from the East Bank, by direct election, and another from the
West Bank, by parliamentary vote), have contributed to an
improving human rights picture.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The Government does not sanction political killing. While
there have been political killings by nongovernmental groups
in the past, there were none in 1987.
In January the Government executed Nayef Khali 1 al Bayed for
the 1984 assassination of former Hebron Mayor and PLO
Executive Committee member Fahd Qawasmeh. Such executions are
rare and politically sensitive in Jordan. There were no
summary executions. Some Palestinians/West Bankers have been
sentenced to death in Jordan based on a Jordanian law
permitting trials in absentia for selling West Bank land to
Israelis, but these sentences have never been carried out.
b. Disappearance
No disappearances were reported.
1201
JORDAN
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There is no evidence that the Government condones or practices
torture, although there have been reports of ill-treatment of
detainees by the security authorities. In its 1987 report.
Amnesty International (AI) said it had received reports of
torture in Jordan in 1986, including the case of Durcham
Jiryis, a trade unionist who was reportedly tortured while
held incommunicado in the General Intelligence Department
(GID) headquarters in Amman. AI said that he was released
after it had appealed on his behalf.
Jordanian law provides for the decent treatment of prisoners,
and judicial authorities have been known to dismiss cases
based on apparent mistreatment of prisoners. In May 1985, the
Director of Public Security established a special office to
handle any public complaints of abuse by security officers and
promised to punish offenders. Prison conditions are Spartan
by Western standards, but not intentionally degrading. They
are inspected by the International Committee of the Red Cross.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Although Jordan has been under martial law since 1967, most
persons are placed in custody by Jordanian authorities in
accordance with the criminal code which requires imposition of
charges within 48 hours. Persons may then be detained pending
trial for 15 days, or longer if a court approves the
prosecution's request for an extension. The criminal code is
generally applied to persons arrested for designated martial
law crimes, which include espionage, bribery of public
officials, trafficking in narcotics or weapons, black
marketing, and security offenses. In the past, security
forces have apparently detained incommunicado (or with limited
outside access) some persons suspected of cross-border
infiltration and security crimes.
The GID can detain a person without trial for varying
periods. However, under martial law provisions, such arrests
should be confirmed within a maximum of 15 days by the Prime
Minister, or by local administrators serving as military
governors. Security detainees can be held without charge for
indeterminate periods or can be formally charged and brought
before the martial court for trial. In 1987 the GID arrested
at least two Jordanians for their alleged political
affiliations. One is still being detained without charge.
Family visitation of such prisoners is generally permitted.
In its 1987 report, AI noted that "a pattern of arrest and
short-term detention without charge of political prisoners
under emergency legislation" continued in 1986; that the
arrests were mostly carried out by the GID; and that detained
political suspects were usually held--some of them
incommunicado--at the GID headquarters in Amman for a few
weeks to a few months and interrogated. AI said it had
learned of the arrest of 53 people on political grounds by the
GID, 42 of whom were released before the end of 1986 without
having been charged. They included 22 alleged members of the
Jordanian Communist Party, outlawed since 1953.
Military prosecutors known to have conducted improper arrests
and detentions have been disciplined and transferred to
positions of lesser responsibility. A petition for judicial
review of the legality of the arrest of any detained person
1202
JORDAN
may be brought before the High Court of Justice, but is
unlikely to be granted for those accused of security offenses.
Compulsory labor is forbidden by the Constitution and is not
practiced. There are no instances of exile, which is also
prohibited by the Constitution.
e. Denial of Fair Public Trial
All criminal cases, except martial law crimes and crimes
committed by military personnel, are tried in civilian
courts. The legal code and the independent selection of
judges help to assure a fair trial. Trials are held in open
court, except in a few cases such as those involving sexual
offenses. Defendants are presumed innocent until proven
guilty and have the right to be represented by counsel, to
prepare a defense, to cross-examine witnesses, and to refrain
from giving self-incriminating testimony. The court appoints
a lawyer for those who cannot afford one if the potential
sentence is execution or life imprisonment. An effective
appeals process may be utilized by either the defendant or the
prosecution. Although the courts have recourse to the death
penalty, in practice its use has been rare.
Civilian judges must demonstrate legal competence in written
and oral examinations before selection by a board composed of
three judges, the Chief Attorney General, and the
Undersecretary of the Justice Ministry. Judges may be removed
from office only after serious transgressions of the law,
i.e., "bad conduct," and after a disciplinary board hearing.
The disciplinary board is, in fact, the Judicial Council,
composed of the First Chief, Court of Cassation for all
Jordan; Second Chief, Court of Cassation for Amman; Chief,
Court of Cassation for Irbid; Chief Prosecutor for Jordan; and
a Judicial Inspector (appointed by the Council itself). When
a judge is brought before the Judicial Council for alleged
misconduct, the Council hears the matter, examines the
defendant judge, and imposes a penalty--which can range from
actual removal to the imposition of fines.
Martial law crimes are adjudicated in a military court before
a panel of three military officers trained in the law. In
practice, the military court observes the law of criminal
procedure and defendants are given the same rights as in a
civilian court. However, AI has expressed concern that trials
by the martial law court "fell below international standards
for fair trial." No right of appeal exists from decisions of
the military court; however, sentences of the court for
martial law offenses must be ratified by the Prime Minister in
his capacity as Military Governor. He has authority to
increase, reduce, or annul the sentences. The cases are
reviewed for fairness by a legal advisor or the Justice
Minister before the Prime Minister makes a decision. The
military court also adjudicates all crimes committed by
military personnel. In these cases, the Commander-in-Chief of
the Armed Forces must ratify the sentences.
Religious courts have jurisdiction over most family matters,
such as marriage, divorce, child custody, or guardianship.
The Shari'a (Muslim religious law) applies to Muslims in these
areas, and a Shari'a court system handles disputes.
Ecclesiastical courts handle similar matters for members of
the main Christian sects. The civil courts administer the
cases of other religious groups. Shari'a law, however, must
be applied to guestions of inheritance for all communities.
1203
JORDAN
There have been reports of the detention of persons for
political reasons under the martial law regime, but there are
no reliable estimates of the total number.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The inviolability of the home is respected. Police searches
of homes require warrants, except in rare cases involving
security or the hot pursuit of fleeing suspects. It is
believed that security personnel sometimes monitor telephones
and correspondence, but the practice is evidently not
widespread.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution safeguards the freedoms of speech and press,
but permits limited media constraints under martial law.
Jordanians freely express wide-ranging opinions, including
criticism of the Government, in informal settings. Public
debate is less pronounced but still notable in the state-owned
radio and television networks and in the privately owned (but
government-influenced) press, where self-censorship persists.
There are also occasional heated debates in Parliament on
public policy issues.
The Government frequently provides editors with guidance on
key foreign policy and security matters. On other issues,
government interference is sporadic and critical commentary,
though tolerated, is limited. In 1987, several journalists
were prevented from publishing in local newspapers and
magazines because of their criticism of the Government for its
handling of the economy, the West Bank development plan, and
relations with Israel and the PLO. Western correspondents and
resident Western writers have occasionally expressed concern
over government interference with freedom of the press, and
some local editors reportedly have complained that they are
prevented from covering stories considered "sensitive" by the
Government. In July, after the English language newspaper
published an expose on government mismanagement of water
treatment, all media were prohibited from further reporting or
commenting on the subject. In the past, there have been
reports of members of the press being placed under house
arrest or charged with membership in an illegal organization.
Currently all journalists must register with the Information
Ministry and join the Journalists Association.
Foreign newspapers and magazines are widely available,
although subject to occasional censorship. Single issues of
several publications were banned in 1987.
b. Freedom of Peaceful Assembly and Association
Public demonstrations require a permit, rarely granted, from
the Interior Minister. All organizations require government
approval and may not have political objectives. Government
surveillance of public meetings, university activities, and
organization gatherings is routine.
Professional associations for doctors, engineers, lawyers,
pharmacists, and similar professional groups operate freely.
They maintain influence with the Government in their
respective areas of interest. On June 17, the Government
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dissolved the Jordan Writers Association, claiming it had
become a political organization affiliated with proscribed
groups. The Government reconstituted a writers' union under
selected leadership.
Jordanians are free to join labor unions and professional
associations. These organizations require government licenses
which are usually granted without difficulty. Unions and
associations defend the interests of their members, and their
officers are elected by the membership. Unions engage in
collective bargaining. Strikes have occurred in the past, but
none took place in 1987. Strikes are only permitted if the
Ministry of Labor fails to act to arbitrate a labor dispute
within 2 weeks after receiving a complaint from a union.
Strikes are not legal for government employees, who compose
about half of the labor force.
About 20 percent of the Jordanian work force is unionized.
Seventeen unions comprise the Jordan Federation of Trade
Unions (JFTU) . Several other unions do not belong to the
JFTU. Unions have virtually no political role and confine
themselves to representing their membership in such areas as
wages, working conditions, and workers' layoffs. Their
effectiveness varies widely. The JFTU actively participates
in international organizations such as the International Labor
Organization.
c. Freedom of Religion
Islam, the state religion, is practiced by well over 90
percent of Jordanians. However, the constitutional guarantee
of freedom of worship is adhered to by the Government. There
appears to be little discrimination against most religious
minorities, who are well represented at all levels in the
Government, military, and business community. Laws making
harassment of religious minorities a crime are enforced. A
variety of Christian groups, including Catholic, Orthodox,
Armenian, Protestant, and Seventh-Day Adventist, maintain
churches, schools, hospitals, and other institutions. A small
Baha ' i community also exists. A few foreign clergymen reside
in Jordan. Although proselytizing among Muslims is forbidden,
conversion by Muslims is not a crime.
The only religious group restricted by the Government is the
Jehovah's Witnesses. There is no objection to their belief in
the Witnesses' doctrine but it is illegal for them to organize
or assemble in Jordan. The Witnesses' religion prohibits them
from taking oaths of allegiance, saluting flags, or serving in
the military. These religious restrictions are perceived as
evidence that witnesses are unreliable and disloyal. Some
observers believe that government opposition to the Witnesser
is motivated by political rather than religious considerations.
All religious groups must register with the authorities in
order to obtain official permission to operate in Jordan.
However, there are instances wherein denominations have failed
to register but are nonetheless permitted to meet without
harassment .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Movement within Jordan is unrestricted, except in certain
military zones. With a few exceptions (primarily military
personnel and reservists who need permission for foreign
1205
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travel), the Government does not restrict emigration or
foreign travel. A woman must present the written consent of
her husband, father, or male guardian to obtain a passport and
may be required to present the same type of permission when
she wishes to travel abroad without her husband. Children may
have to present proof of their father's consent to leave
Jordan.
Citizens who have left Jordan have the right to return. There
are no reported cases of revocation of citizenship for
political reasons. The Parliament recently passed legislation
allowing Jordanian citizens to have dual nationality. Some
citizens returning to Jordan, particularly those who have
traveled to Communist countries, are questioned by the General
Intelligence Department regarding security matters. The
Ministry of the Interior formerly required permits for travel
of Jordanians to Syria, but this provision was revoked in
1985-1986. There are restrictions on travel to and from the
West Bank, but the Government has recently taken steps to
facilitate such travel.
Jordan has faced a long-term refugee problem from the influx
of Palestinians made homeless by the 1948 and 1967
Arab-Israeli wars. According to the most recent statistics,
Palestinian refugees and their descendants registered with the
United Nations Relief and Works Agency (UNRWA) on the East
Bank total 850,965, including approximately 206,000 living in
refugee camps. The total includes refugees from the 1948
Arab-Israeli war and does not include a large but undetermined
number of other persons from the West Bank, Gaza, and Israel
who have settled in the East Bank since 1948. Except for some
refugees from Gaza, all have been granted Jordanian
citizenship and have the unrestricted right to live, work, and
own property. In 1987, for the first time, the Government
issued Jordanian passports to between 26,000 and 27,000 Gazans
resident on the East Bank who could prove they were displaced
prior to 1971. The Interior Minister routinely grants permits
for travel between the East Bank and Israeli-occupied
territories .
Jordan has granted asylum even in cases which have strained
relations with the neighboring states.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Executive and legislative powers are constitutionally vested
in the King, who rules with the assistance of an appointed
Council of Ministers. The Constitution may not be amended
without the approval of the King who, as a practical matter,
would be unlikely to approve removal of the monarchy.
Jordanian citizens, though enjoying a wide latitude to freely
elect members of Parliament, are not ultimately in a position
to replace their system of constitutional monarchy.
Parliament, reinstated by the King in 1984, is composed of an
appointed Senate and an elected lower house. It is
overshadowed by the executive branch, but has the right to
ratify treaties, royal decrees, and laws proposed by the
Council of Ministers. It is gaining in stature and functions
with increasing effectiveness.
The lower house is still composed largely of members elected
in the last national election of 1967, although since then 11
members for the East Bank have been elected directly and 15
1206
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members for the West Bank have been elected indirectly. A
full third of the 30 East Bank members were elected in
byelections in 1984 and 1986. Since 1972, general elections
have been deemed impossible because of continued Israeli
occupation of the West Bank. Vacant East Bank seats have been
filled through byelections which generally have been
considered fair and open. A new Electoral Law passed in 1986
provides for expansion of lower house membership to 142
members, and also establishes distinct electoral districts on
the East Bank which will allot seats to refugee camps on the
East Bank. Vacant West Bank seats are currently filled by
vote of the other members of Parliament. Parliament also has
reserved seats for Christians and Circassians.
A nationwide voter registration campaign in May registered
912,000 voters, a number thought to represent 80 percent of
the electorate. Public expectation of elections in 1987 ran
high in the months following the registration drive, but has
since abated. King Hussein is now widely expected to exercise
his constitutional authority to postpone elections for 1 or 2
years .
Most municipal and town councils are elected by popular vote.
The person receiving the highest number of votes is
traditionally confirmed as mayor by the Minister for Municipal
Affairs and then by the Prime Minister. Women were
enfranchised in 1973 and may also run for public office. King
Hussein appointed a female cabinet minister in 1979 and has
encouraged the participation of women in the political
process, although there are no women currently serving in the
Cabinet or Parliament.
Organized political parties are not permitted, although
several informal political groups operate openly. The
Communist Party is banned. All persons seek elected office as
independents .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Although in the past Jordan attracted little attention from
either private or international human rights organizations,
this is changing. In 1987 the country received more attention
and more criticism. The Jordanian Lawyers' Professional
Association, which has a human rights committee, continues to
be relatively inactive in this area. Other local
organizations and ad hoc groups also occasionally issue
statements and petitions on such human rights concerns as
Palestinian rights and the ban on political parties. The
International Committee of the Red Cross (ICRC) maintains an
office in Amman, and its representative regularly visits all
prisons and detention facilities. He is allowed to meet all
detainees in accordance with standard ICRC criteria.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The role of women in society has been changing in recent
years. Women now account for half the student body at the
elite University of Jordan. At another educational level, a
newly opened vocational training center in Amman has begun to
teach women to repair radios, televisions, and office
machinery. Such changes in educational patterns are similarly
reflected in the work force. Women today comprise about 20
1207
JORDAN
percent of the labor force, compared to 4 percent in 1975.
Women participate generally in subordinate positions and most
heavily in clerical, teaching, and administrative jobs. There
has been a significant increase in the number of women in such
professions as medicine, engineering, banking, and
architecture. However, professional women and women's
associations believe that more remains to be done to increase
female participation in these areas. Women are also now
officers in the police, and two female Jordanian pilots now
fly for Royal Jordanian Airlines. Women increasingly operate
businesses .
Equality between men and women is the legal norm. In
practice, however, certain traditions constrain women's
freedoms, and entry of women into professional and academic
realms traditionally the preserve of men can spark resentment
and opposition. While thus far the problem is limited, there
is public concern over the practice of intrafamily punishment,
even killing women (or men) for violations of social mores.
In matters of inheritance and divorce, women are treated
differently. Under Islamic law, sons inherit twice as much as
daughters. However, the son is required to use his
inheritance for the maintenance of his mother and sisters,
while a female is free to retain her inheritance for herself.
Likewise, a man may obtain a divorce more easily than a woman,
but he may be required to pay considerable compensation based
on the marriage contract. A recent divorce reform law
increased compensation for women suffering from an arbitrary
divorce. Women may also gain and retain custody of children
until the children obtain their legal majority, but they may
lose custody if they remarry.
CONDITIONS OF LABOR
Jordan's workers are protected by a comprehensive labor code
enforced by a staff of 30 full-time inspectors of the Ministry
of Labor. During an intensive enforcement campaign in the
last several months of 1987, other Ministry of Labor employees
augmented the inspection staff on a part-time basis. Children
under age 16 are not permitted to work except in the case of
professional apprentices who are allowed to leave the standard
educational track and begin part-time (6 hours a day, no night
shifts) training at age 13. The Government prepares and
adjusts periodically a minimum wage schedule for various
trades, based on recommendations of an advisory panel composed
of representatives of workers, employers, and the Government.
Maximum working hours are 48 hours per week, with the
exception of hotel, bar, restaurant, and movie theater
employees, who can work up to 54 hours. Workers are entitled
to a weekly day of rest, rest intervals during the workday, 2
weeks' annual paid leave, 2 weeks' annual sick leave, and
severance pay.
The law specifies a number of health and safety requirements,
including bathrooms, drinking water, safety equipment, and
first aid equipment for workers. Jordan also has a workers'
compensation law. The Government appears to administer and
enforce its labor laws fairly.
As part of a campaign to improve occupational and public
safety, the Government has created a committee to recommend
standards and regulations. The committee held a national
symposium, has begun a public awareness campaign, and is
studying international safety practices. In 1987 Jordan's
1208
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social security laws were extended to cover all companies of
five employees or more. Previously, only companies with 10
employees qualified for coverage.
1209
KUWAIT
Kuwait's amirs, drawn from the al-Sabah family, have
traditionally governed in consultation with the commercially
powerful families and other community leaders. The 1962
Constitution contains detailed provisions on the powers and
relationships of the branches of government and on the rights
of citizens. Kuwait's National Assembly has institutionalized
a degree of consultation with the ruling family and served as
an outlet for popular expression, including criticism of the
Government. However, in July 1986 the Amir decreed the
National Assembly's dissolution, citing the breakdown in
cooperation between the executive and legislative branches at
a time when the nation faced serious economic and security
problems. It remains unclear when the Assembly will be
reconvened, but the Amir has given assurances that Kuwait,
unique in the Gulf region for its historical commitment to a
popularly elected legislature, will not abandon its
parliamentary process.
Kuwaitis are a 40 percent minority in their own country,
outnumbered by expatriate workers and the large resident
Palestinian community. Kuwaiti citizens are around 70 percent
Sunni Muslim; the remainder are Shi 'a Muslim and a tiny
minority of Christians. As a consequence of the Iranian
revolution and the Gulf war, Kuwait's leadership faces the
threat of Iranian-inspired subversion focused on the Shi ' a
community. Meanwhile, the majority Sunni community has
experienced an Islamic revival, which frequently conflicts
with the attitudes of the traditionally moderate members of
the merchant class. Kuwait has upwards of 350,000 long-term
Palestinian residents, many in their second generation.
Non-Kuwaitis are given due process under the law but have few
other civil and political rights.
Kuwait maintains a small military force that includes army,
navy, and air force units. Its security apparatus is centered
in the Interior Ministry, whose Criminal Investigation
Department (CID) is responsible for ordinary criminal cases.
The Ministry's Office of Kuwait State Security (KSS) is charged
with investigating internal security-related offenses. There
is some overlap in CID's and KSS' operations; in terrorism
cases, for example, both are active in investigations. The
two offices work in collaboration with the country's uniformed
police force, which is also under the Ministry's jurisdiction.
With its large oil reserves, Kuwait enjoys a high standard of
living. Its per capita gross national product was estimated
at $10,700 as of 1986.
In addition to dissolving the National Assembly, the Amir's
July 1986 decrees imposed a system of prior censorship on the
Kuwaiti press that remains in effect. The Government has
stated that it is preparing a new press law that would do away
with prior censorship, but it is unclear when the law will be
enacted. The Amir's 1986 decrees added to existing
restrictions on the political and civil rights of all Kuwaiti
residents, women and non-Kuwaitis in particular. However, the
Government rarely violates the integrity of the individual,
and there is an independent judiciary.
In 1987 there was an upsurge in terrorist incidents, primarily
bombings of local oil facilities. Measures adopted by the
Government to combat terrorism and the increased political
turbulence in the region have resulted in increased
restrictions. The State Security Court conducted trials of
1210
KUWAIT
Kuwaiti citizens, all believed to be Shi'as, for bombings and
subversive activities. Some defendants received the death
penalty, yet to be implemented, but the majority were
acquitted. The terrorist acts have resulted in heightened
tensions between the Sunni and Shi 'a communities, but there
have been no major sectarian disturbances.
Kuwait's security organizations continue to have an expanded
role, particularly with regard to the expatriate community,
which has been the object of increased surveillance. The
security organizations have also made greater use of their
authority to deport foreigners summarily. The Government has
rejected calls by the Islamic movement for adoption of a legal
code based on Islamic law.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of government-instigated killings, but
four persons died in terrorists incidents. In May the bombing
of the local TWA agent's office claimed the life of an
employee, and the bombing of a petroleum facility, also in
May, resulted in the death of the suspected perpetrator. In
July two other presumed bombers were killed in a car-bomb
explosion. The incidents were attributed to Kuwaiti Shi 'a
citizens loyal to Iran. There were no summary executions.
b. Disappearance
There were no reported disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Unofficial but knowledgeable sources in both the Sunni and
Shi 'a communities believe that authorities tortured at least
some of the 12 Kuwaiti Shi'as arrested in January and February
1987 for involvement in the bombing of oil facilities. No
details on the torture are available, but the purpose was to
obtain confessi'^ns and leads on suspects at large. Reportedly,
detainees' family members were also abused. There are reports
that senior officials, on learning of the torture and
mistreatment, ordered that such practices be stopped.
In its 1987 Report covering 1986, Amnesty International (AI)
expressed concern about allegations it had received of torture
and ill-treatment by the State Security Intelligence Agency.
AI said that most such allegations concerned foreign nationals
who were detained for short periods and subsequently deported.
Alleged methods included beatings and having hot water thrown
on the detainee's head.
In routine criminal cases, police and security officials,
without authorization, occasionally use physical violence when
interrogating persons suspected of committing criminal acts.
These incidents do not appear to be systematic or condoned.
Non-Kuwaitis are more likely to receive rough treatment than
Kuwaitis, and the seriousness of the suspected crime also
appears to play a role.
1211
KUWAIT
Evidence of mistreatment during interrogation is a defense in
Kuwait's courts, and confessions or other evidence obtained
through torture are not admissible. The courts often hold
police officers to account for abuses. In September the press
reported that three police officers had been fined, sentenced
to 3 months' imprisonment, and suspended from duty for 1 year
for torturing the relative of a suspect.
Kuwait's prisons are managed along modern lines, with
facilities for inmates' recreation and vocational training.
By and large, prison guards treat inmates humanely, and the
Government provides food and other necessities. Prisoners,
including convicted terrorists held in maximum security
facilities, are allowed to receive family and International
Red Cross visits. Young offenders, few of whom are imprisoned,
are separated from persons charged or convicted of serious
crimes. There is no policy of discriminatory treatment among
prisoners for racial or religious reasons. There are credible
reports of substandard conditions in the detention centers,
where expatriates facing deportation are typically held for
several days prior to their departure.
Kuwait's legal process, based primarily on the Napoleonic
code, is also inspired by Islamic law, but punishments such as
mutilation or stoning are not permitted.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Arbitrary arrest and imprisonment are prohibited by the
Constitution. In 1987 there were no reports of persons being
detained for political reasons. The penal code affirms a
person's right to due process and stipulates that a detainee
may not be held for more than 4 days without charge. A
prosecutor's approval is reguired for detention periods beyond
24 hours. Thereafter, the suspect either must be released or
charged by a prosecutor, who may authorize detention for up to
an additional 21 days. Further detention pending trial may be
authorized by a judge. Warrants are reguired unless a person
is apprehended in the act of committing an offense. These
legal safeguards are generally observed, with arrests being
made openly and for specific violations of law. Reports of
incommunicado detention are rare. Road blocks and spot checks
of outdoor gatherings of expatriates, especially of South
Asians, are used sporadically by the police during searches
for illegal immigrants and contraband liquor. Persons without
proper identification may be detained by the police under the
procedures described above.
In 1987 there may have been some cases of arbitrary detention
in connection with the investigation of oil field bombings in
January. Besides the 12 Kuwaiti Shi 'as detained and charged
for the bombings, other local Shi 'as, Kuwaiti and expatriate,
were picked up, held for questioning, and subsequently
released, according to informed sources. Some of these
detainees appear to have been kept in custody without charge
beyond the 4-day limit and, like the 12 accused, held
incommunicado and in solitary confinement for an undetermined
period.
No Kuwaiti citizen may be exiled or denied return to Kuwait.
However, a noncitizen, even if a long-term resident, may be
summarily expelled without charge or judicial recourse if the
authorities deem him a troublemaker or security risk. The
number of expatriates deported has declined since 1986, when
approximately 27,000 were expelled as part of a sustained
1212
KUWAIT
security crackdown in response to a terrorist attack on the
Amir's motorcade in May 1985. As in previous years, the vast
majority of deportations in 1987 were due to illegal entry
into Kuwait or expiration of residency permits.
There is no forced labor in Kuwait.
e. Denial of Fair Public Trial
Kuwait's judicial system is independent and, except for the
State Security Court, provides for public trials and the right
of appeal. Judges are appointed by the Amir at the
recommendation of the Justice Ministry. Kuwaiti nationals
serving as judges usually receive lifetime appointments, while
the many non-Kuwaiti judges serve under 1- to 3-year contracts,
which are renewable. Judges may be removed by the Justice
Ministry for cause, but such removal is reportedly rare.
By law, all defendants in felony cases must be represented by
attorneys, court-appointed if necessary. In cases of
misdemeanors, which include crimes punishable by less than 3
years' imprisonment, legal counsel is optional, and the court
is not required to appoint a defense attorney. The courts
give consideration to defendants' allegations of police
mistreatment in reaching verdicts and sentencing. Defendants
tried in absentia have the right to an additional appeal.
There are no reports of government interference in judges'
issuance of verdicts or of discrimination against defense
counsel. The court-appointed attorney of a defendant unable
to engage his own lawyer is not always given adequate time to
prepare a defense. Translation of court proceedings to ensure
their understanding by non-Arabic-speaking defendants is
sometimes inadequate.
Defendants' rights are not always fully respected in the State
Security Court, which convenes on an ad hoc basis to handle
cases deemed of an internal security nature. Composed of
judges normally serving in other courts, this tribunal conducts
its proceedings in closed sessions; its judgments are not
subject to appeal. Defendants are permitted to have an
attorney.
In June the Court issued its verdicts in the 2-month trial of
16 Kuwaiti defendants, 4 in absentia, for oil field bombings
in June 1986 and January 1987. Six of the accused received
the death penalty, two were acquitted, and the rest drew
prison terms. In July the court acquitted 30 of the 40
persons, all but 2 of them Kuwaiti citizens, charged with
assaulting policemen and circulating seditious pamphlets. The
10 persons convicted received prison terms ranging from 6
months to 7 years. All defendants were believed to be
Shi 'as. In the latter case, most defendants were in their
early twenties or late teens, and one accused, age 14, was
sent to juvenile court for trial. The Amir has yet to give
his approval, as required, to the death sentences, just as he
has failed to sanction the executions mandated by the Court
last year for the attack on him in 1985 and the bombing of two
local cafes in July 1985.
The general view is that the State Security court, like other
Courts, is independent and that, despite its exceptional
procedures, allows defense attorneys to conduct an active
defense on behalf of the accused. Various informed sources,
including government critics, deny that there are any
political prisoners in Kuwait. In March the State Security
1213
KUWAIT
Court acquitted a Kuwaiti citizen charged with spreading
"false rumors" about Kuwait's internal situation and working
to "undermine the country's prestige abroad" in statements he
had made while in the United States.
In its 1987 Report, Amnesty International expressed concern
about the fairness of trials of possible "prisoners of
conscience" before the State Security Court. The report cited
the November 1985 case of Kami 1 Hussein Ali Dashti, who was
sentenced to 5 years in prison for having written a leaflet
calling for the overthrow of the Government.
According to the Constitution, military courts have
jurisdiction only over offenses committed by members of the
armed or security forces, except during periods of martial law
(which has never been declared in Kuwait). However, it was
the State Security Court, not a military tribunal, that tried
a military officer in March 1586 for distributing
antigovernment pamphlets.
The Amir has the power to pardon or commute sentences passed
by either civilian or military courts and does so through the
publication of an annual list of commutations following
Kuwait's independence day, February 25. In 1987 the Amir's
commutations covered over 900 prisoners held for common crimes
but did not apply to terrorists or others convicted by the
State Security Court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right to individual privacy and sanctity of the home is
provided for in the Constitution and generally respected in
practice. Search warrants are required, unless the police are
in hot pursuit of a suspect fleeing the scene of a crime or
there is an indication of the presence of alcohol or illegal
narcotics. Search warrants to enter premises are issued by a
public prosecutor. Expatriates, and particularly common
laborers and servants who live in accommodations provided by
their employers, may have their premises searched by the police
with authorization only of the employer. Items arriving by
post for personal or institutional use are usually not opened
before delivery unless the contents are suspected of being
pornographic. In a statement in February, the Information
Minister denied that there was any interference by authorities
in the delivery of personal mail.
In 1986 the Government restricted Kuwaiti males' right to
marry foreigners, decreeing that official approval in advance
would henceforth be required. The Government's action
apparently was motivated by concern over how to meet its
responsibilities toward the children of non-Kuwaiti spouses
residing outside the country. The Government, and the public
at large, were also concerned about the growing number of
Kuwaiti males opting to wed foreigners rather than Kuwaiti
nationals .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Constitutional provisions respecting these freedoms are often
subject to such conditional phrases as "in accordance with
conditions and manner specified by law." The Kuwaiti or
foreign resident feels free to offer his opinion in private
1214
KUWAIT
without fear of official retaliation. However, no one may
make a written or public attack upon the Amir and the ruling
family, upon Islam, or upon leaders of Arab states. Kuwait
has an active Censorship Department, which reviews all books,
films, videotapes, periodicals, and other material entering
Kuwait in bulk or for commercial purposes. Radio and
television are government owned and controlled.
The Amir's July 1986 decrees that amended the press law to
impose prior censorship on the Kuwaiti press and otherwise
tighten press curbs remain in effect. These decrees also
authorized the Government to suspend for up to 2 years any
publication found to be serving foreign states or
organizations, receiving assistance from foreign sources
without the approval of the Information Ministry, or
publishing material conflicting with Kuwait's national
interests .
The revised censorship regulations also toughened existing
penalties for violators, prescribing prison sentences of up to
3 years and fines up to $17,000 for offending publishers,
editors, and journalists. As before, the press was forbidden
to publish material that contained direct criticism of the
Amir and the ruling family, involved official confidential
communications or treaties and agreements with other states,
might disturb relations with Arab and friendly states, or, in
a final category, "might incite people to commit crimes,
create hatred, or spread dissension among the people." Prior
to the Amir's decrees there was selective enforcement of the
list of proscribed topics; violators were usually only issued
warnings. Since July 1986, however, government censors have
reviewed press items before their publication and ensured
compliance by excising offending material or having it
rewritten.
There were no reports in 1986 or 1987 of newspapermen being
arrested or journals being confiscated or suspended. In March
a court, ruling in favor of a plaintiff who claimed the local
daily, Al-Anba, had slandered him, ordered it to cease
publication for a week. The paper resumed normal publication
following the week's suspension. In December 1986, an issue
of the local daily, Al-Rai Al-Aam, failed to appear on
newsstands, as the paper's management withheld publication for
a day in protest over the censor's excision of a specific
article. An estimated 15 foreign journalists residing in
Kuwait and associated with local newspapers were summarily
deported in 1986, following the July decrees. There have been
no reports of deportations in 1987, and the work of some
journalists expelled last year continues to appear in the
local press, at least occasionally.
Since the July 1986 decrees, senior government officials have
held periodic meetings with Kuwait's chief editors. At an
October meeting. Crown Prince and Prime Minister Shaikh Saad
al-Abdullah urged the editors to feel free to print all
legitimate news and avoid being intimidated by the press
restrictions or practicing self-censorship. He said the
Government was preparing a long-awaited press law that would
eliminate prior censorship, but gave no indication when the
new law would be enacted. By law, publishers lose their
license, issued by the Information Ministry, if their
publication does not appear for 6 months. The publisher of
the leftist-oriented journal Al-Talia'a reduced publication
from a weekly to a semiannual basis following the July 1986
decrees, reportedly in order to protest the decrees while
1215
KUWAIT
maintaining compliance with the 6-month requirement. On
occasion, the Government has rejected applications for
licenses to publish new daily papers, claiming that Kuwait's
seven existing dailies (five in Arabic, two in English) are
sufficient to present diverse viewpoints. Overall, despite
censorship, the Kuwaiti press is vigorous and publishes a
variety of opinions on numerous issues, especially on
international and Middle Eastern affairs.
b. Freedom of Peaceful Assembly and Association
Political parties are banned. Political activity finds some
outlet in informal social gatherings known as "diwaniyyas . "
The Constitution protects the right to private assembly,
public meetings, processions, and gatherings which are
peaceful and not contrary to public morals. However, any
group of more than three people desiring to meet for public
discussion (or to meet privately, but to issue a public
statement) must receive prior permission from the Ministry of
Interior. The authorities may prevent such an assembly merely
by ignoring the request.
During the April-June trial for oil field bombings, several
unauthorized demonstrations took place outside the court
building, reportedly to protest authorities' mistreatment of
the defendants. Perhaps 200 persons participated in these
demonstrations, chanting slogans and carrying banners. There
were no reports of clashes with police or other violence, nor
were there any arrests. No other mass gatherings of a
political nature were held in 1987.
Kuwaiti citizens are free to establish and join trade unions.
However, only government employees and the petroleum, banking,
and airline sectors are unionized; the majority of union
members are civil servants. Unions may draw up their own
constitutions, formulate their own programs, and join
international confederations. Many union activities are
funded by the Government and are subject to official
approval. During the 1986 elections for the Kuwait Federation
of Trade Unions' (KFTU) governing board, there were
indications that the Government was promoting its "preferred"
candidates over leftist competitors. Official pressures on
the Federation to balance its historical relationship with the
pro-Soviet bloc World Federation of Trade Unions (WFTU) , ease
its longstanding leftist outlook on domestic issues, and
devote itself solely to nonpolitical concerns appear to be
continuing .
Workers have the right to bargain collectively. The right to
strike is recognized, but in recent years there have been few
work stoppages, and in 1987 there were no reports of any.
Kuwaiti labor law has a provision allowing for compulsory
dissolution of any union that "commits an act considered to be
violating the provisions of this law and of the laws connected
with the preservation of public order and morals." Expatriate
workers, who comprise the majority of the labor force, are
permitted to join unions after 5 years' residence.
Non-Kuwaitis are considered "associate members" of unions and
are not permitted to vote, hold office, or create new unions.
Since each union must be formed by and have several Kuwaiti
members, expatriate unskilled workers have no union
representation .
Professional groups, bar associations, scientific bodies, and
labor unions are permitted to establish international contacts
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KUWAIT
without government interference. The KFTU, grouping the
government and petroleum workers, is a member of the
International Confederation of Arab Trade Unions as well as
the WFTU. Kuwait is an active tripartite member of the
International Labor Organization (ILO).
c. Freedom of Religion
The Constitution declares that "freedom of belief is absolute,"
but must not "conflict with public policy or morals." Kuwait's
state religion is Islam; the Shari'a (Islamic law) is,
according to the Constitution, "a main source of legislation."
The ruling family and most of the prominent Kuwaiti families
are Sunni Muslims. There is no overt official policy of
discrimination against Shi 'a Muslims, who constitute 25 to 30
percent of Kuwait's citizenry. However, Shi 'as are seldom
appointed to sensitive government positions. There are
credible reports of Shi 'a employees in the oil industry losing
their jobs or being denied promotion following the series of
oil field bombings, attributed to Shia's, that Kuwait witnessed
in 1987. Kuwait has a tiny Arab Christian minority; there are
a number of expatriate Christian congregations and churches.
Expatriate practitioners of Eastern religions, e.g., Hindus,
Sikhs, and Buddhists not recognized by Islam, are not allowed
to establish places of worship but may worship privately in
their homes. Proselytizing of Muslims by non-Muslims is
prohibited.
In recent years, pressure from Islamic groups has resulted in
the National Assembly's barring the future granting of
citizenship to non-Muslims, prohibiting all importation of
alcoholic beverages, and repeatedly attempting to establish
Islamic law as the basis for all legal process. Assembly
members also pressured, with some success, those campuses of
Kuwait University which were sexually integrated to separate
the sexes in the classrooms and other facilities, such as
cafeterias. The Government accommodated the National
Assembly's demands for the application of some fundamentalist
principles but blocked attempts in the Assembly to apply
Islamic law across the board. Commercial law, for example, is
based on Western practice, and the collection of interest can
be enforced by court order.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens generally are free to travel inside and outside the
country, to emigrate, and to return. There is some
restriction on foreign travel for young men who have not
completed, or been exempted from, their compulsory military
service. Those serving in the military must receive permission
from the Defense Ministry before traveling abroad. Although
there are no different legal standards regarding the internal
or foreign travel or emigration of Kuwaiti women, in practice
husbands can prevent their wives and minor children from
leaving the country.
There are instances in which citizens' passports are suspended
temporarily. Generally, this has applied to criminal
suspects, although at the end of 1985 upwards of 8,500
Kuwaitis were barred from traveling abroad because of debts
remaining from the collapse of an extraof f icial stock market 4
years earlier. Most of these persons have since had their
travel rights restored. In June the Interior Ministry's
Director of Investigations stated that during the past year
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KUWAIT
15,528 persons had been banned from traveling, while the ban
had been lifted for 6,410 persons. Representatives of
societies, associations, and trade unions wishing to travel to
and participate in international meetings must receive prior
permission.
Although the Constitution states that "no Kuwaiti may be
deported from Kuwait or prevented from returning thereto,"
some persons have been stripped of Kuwaiti citizenship and
deported. Such actions appear to be rare, and in some cases
have been based on the voluntary acguisition by the individual
of foreign citizenship. In other instances, persons have been
deprived of their citizenship for terrorist or subversive
activities. In 1987 various defendants convicted by the State
Security Court for such activities were deprived of citizenship
and faced deportation on completion of prison sentences. Also
in 1987, an amendment to Kuwait's Nationality Law made it
easier to withdraw citizenship from naturalized Kuwaitis for
criminal activity.
All non-Kuwaitis over the age of 21 residing in Kuwait must
have the sponsorship of a Kuwaiti citizen. Kuwait does not
extend permanent residence to its expatriate population, and
1987 amendments to the Alien Residence Law mandate stiffer
penalties--f ines and, in some cases, prison sentences--for
expatriates who reside in Kuwait illegally or are not properly
documented. At the same time, in September the Government
announced a 3-month amnesty period for all illegal foreign
residents to allow them to regularize their status. Employers
have the power to restrict job mobility and the continued
residence in Kuwait of their expatriate employees. Many
expatriates (including some government employees, such as
teachers) must surrender their travel documents to their
employers, thus preventing them from leaving the country
without the employer's consent. Those employed by government
agencies are given residence visas which reguire an exit
permit or "no objection" letter in order to leave the
country. In accordance with the law, non-Kuwaitis convicted
of crimes are routinely deported after serving their sentences.
Illegal entrants to Kuwait are normally returned to their home
countries. Exceptions have been made for those, mostly
Iranians and Afghans, who are considered by the Government to
be legitimate refugees and have been permitted to remain in
Kuwait or sent to third countries. While most members of
Kuwait's large Palestinian population have Jordanian passports,
others are stateless and carry Lebanese or other Arab
laissez-passers . In recent years, the Government has indicated
that laissez-passer holders could stay even without sponsors.
Palestinian youths over 21 years of age who travel or study
outside Kuwait often have difficulty rejoining their families
in Kuwait.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Kuwait has no formal democratic institutions. Conseguently,
most of its citizens do not have a say in the choice of
leaders or in changing the political system. The Al-Sabah
have ruled Kuwait for over 200 years. The 1962 Constitution
limited succession to descendants of Mubarak the Great, the
ruler at the turn of this century. In practice, the ruler and
senior family members choose the Crown Prince from either the
al-Jaber or the al-Salim branch of the al-Sabah. Under the
Constitution this choice is confirmed by majority vote of the
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National Assembly. Executive power is vested in the ruler
and, under him, in an appointed Council of Ministers,
currently numbering 23, whose chairman by tradition is the
Crown Prince.
Upon independence in 1961, Kuwait inaugurated a National
Assembly composed of 50 deputies, elected by secret ballot,
plus cabinet members, sitting exofficio. The electoral law
provides that candidates for the National Assembly be
self-nominated, with multiple candidates permitted to compete
for the 50 seats. A "grandfather clause" effectively limits
suffrage to adult males who resided in Kuwait before 1920 and
maintained a residence there until 1959, and their adult male
descendants. In 1986 the National Assembly approved an
amendment to the 1966 Nationality Law that delayed for 10
years, until 1996, the granting of voting rights to Kuwait's
so-called "second category" citizens. The latter are certain
long-time Arab and non-Arab residents who do not meet the
"pre-1920" qualification. The Nationality Law was further
amended in 1987 to extend from 20 to 30 years the period that
naturalized Kuwaitis must wait before acquiring the right to
vote. Efforts since 1982 to gain suffrage for women have been
unsuccessful .
The dissolution of the National Assembly, decreed by the Amir
in July 1986, remains in effect, and it is unclear when it
might be restored. Besides dissolving the Assembly for an
indefinite period, the 1986 decrees suspended various
constitutional provisions, including article 107, which
specified that, within 2 months of the Assembly's dissolution,
either special elections be held for a new Assembly or the
dissolved one be reinstated. The Assembly previously had been
dissolved in 1976 and not reinstated until 1981. In the
Assembly's absence, the Amir rules by decrees having the force
of law.
The Assembly's 1986 dissolution represented a setback for
citizens' political rights. Far from being a rubber stamp, it
had served over the years as an important forum for the
expression of diverse political views, some sharply at odds
with those of the Government and not all serving the cause of
civil and human rights. The most recent elections, held in
February 1985, featured generally fair and hard-fought
campaigns by competing candidates. While the Assembly rarely
rejected government-proposed legislation, it was capable of
exerting sufficient pressure on the Government to cause it to
modify its legislation to satisfy the Assembly's desires. In
its review of government policy and programs, the Assembly
asserted its prerogatives, frequently questioning ministers
and criticizing their performance. Indicative of the
willingness of both the Assembly and the judiciary to
challenge the Government, in June 1986, Kuwait's
Constitutional Court ruled against the executive in a major
decision. The Court found that the Assembly had the authority
to investigate past actions by ministries and to examine
Central Bank records; the Government had contended that the
Assembly could only inquire into current ministerial
activities and was not authorized to examine Bank records.
In his announcement of the 1986 dissolution decree, the Amir
mentioned the lack of cooperation and dialogue between the
Government and the Assembly at a time when Kuwait was facing
major economic problems, serious threats to its security, and
other ills. In February the Government mounted its annual
voter registration campaign, announcing that all newly
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KUWAIT
eligible voters should have their names inscribed on the lists
maintained by registration committees in the various electoral
districts. There are reports of former parliamentarians
petitioning the Amir for the Assembly's restoration. In May
the Government established an appointive consultative body,
the Supreme Planning Council, and named to it members of the
dissolved Assembly as well as Islamic religious leaders,
government ministers, and other prominent personalities.
Informal contacts between rulers and ruled are an important
feature of the Kuwaiti political system. Traditionally, adult
male Kuwaitis have had relatively easy access to their tribal
and religious leaders, the heads of the prominent merchant
clans, and to the ruling family itself through the system of
"diwaniyyas , " informal discussion groups to which anyone can
come and freely speak his mind. That custom has endured, as
has the tradition that the Amir should govern in consultation
with the other community leaders. Following the Assembly's
dissolution in 1986, cabinet ministers instituted the practice
of setting aside several hours 1 day a week to receive the
public in their offices.
While most male Kuwaiti citizens can participate directly or
indirectly in the political process, noncitizens, who
outnumber Kuwaitis by three to two, have no role. Kuwait has
been reluctant to extend citizenship to those of non-Kuwaiti
origin, with the exception of certain stateless Bedouin.
Naturalization of even Kuwait-born persons is rare.
Citizenship has been extended only to a few Palestinian
families who made significant contributions to Kuwait before
the early 1970 's. The Government has established a committee
to revise criteria for granting citizenship, but the results
of its deliberations are not expected in the near future.
Expatriates seldom engage in political activities for fear of
exposing themselves to possible deportation.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has permitted visits by representatives of
international human rights organizations. In April the
Amnesty International's Secretary General visited Kuwait to
attend a conference of the Arab Bar Association. He also
reportedly met with government officials, including the Under
Secretaries of the Foreign and Interior Ministries. The visit
was publicized by the local media. In its 1987 Report, AI
noted that it had urged Kuwaiti authorities to investigate
reports that nine people were tortured following their arrest
in March 1985 and that eight others had died under torture
between March and November 1985. AI said that no reply was
received. Some prominent Kuwaitis are members of international
human rights organizations, such as the Arab Organization of
Human Rights. There are no human rights groups in Kuwait, but
the Government has an in-house Council on Human Rights,
composed of senior officials and working-level experts.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status.
Kuwaiti women are allotted a subordinate role by statute and
practice. Denied the vote, women are also limited by
tradition from freely choosing their role in the society,
though less so than in some other Islamic countries.
Nevertheless, there are Kuwaiti women who are outspoken in
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KUWAIT
their demand for a broader role in society. In contrast to
the practice in some neighboring countries, a Kuwaiti woman is
permitted to drive a car, may wear Western dress in public,
and has legal access to higher education inside and outside
the country. Women have the right to litigate against men
(for example, in child custody suits). In recent years,
growing numbers of Kuwaiti women have joined the work force,
and are able to compete for government and corporate
employment. Some have reached senior government positions, up
to the level of assistant under secretary.
Women are well represented in the field of education,
including at the university level. As yet, there are no
female judges, but in 1986 the Government named the first
woman as a prosecutor. The Government has restricted women
from being assigned abroad in Kuwait's diplomatic service,
although Kuwaiti women have represented Kuwait in financial
meetings, such as those of the Paris Club.
There is no evidence of discrimination among citizens in the
administration of Kuwait's extensive social welfare programs,
designed to provide housing, family allowances, retirement
income, medical care, education, and employment. Although
some members of Kuwait's Shi 'a minority perceive themselves to
be largely excluded from leadership positions in the
Government, many have achieved great wealth, and there is no
evidence that they are discriminated against in matters of
social welfare. However, foreign residents, who constitute
about 60 percent of the country's total population of
1,700,000, do not share in many of the rights and benefits
Kuwaiti nationals enjoy. Ownership of commercial
establishments (above 49 percent), real estate, and shares on
the local stock market is open only to Kuwaitis.
White-collar and skilled expatriate workers earn the same base
pay as Kuwaitis, but receive less in fringe benefits.
Benefits restricted to Kuwaiti citizens include higher
government salaries, additional government stipends and social
allowances, and, in general, retirement pensions. Resident
e:cpatriates are entitled to medical benefits. Public
schooling is offered, with some exceptions, only to children
of expatriates who arrived in Kuwait prior to 1957, although
the Government subsidizes tuition for students in a number of
Arabic language elementary and secondary schools. Kuwaitis
are given preference for admission to the University of Kuwait
and, because of limited space for new enrollees, non-Kuwaiti
University entrants may equal no more than 10 percent of the
number of Kuwaiti entrants. Unskilled expatriate workers
usually are not permitted to bring their families to Kuwait.
Some of these workers live in crowded apartments or work camps.
CONDITIONS OF LABOR
General conditions of work are established by Kuwaiti labor
law for both the public and private sector, with the oil
industry treated separately. The law limits the workweek to
48 hours, provides for a minimum of 14 days leave per year,
establishes a compensation schedule for industrial accidents,
and sets a minimum age of 18 years for full-time work, or 14
years for part-time work. Women are permitted to work except
in "dangerous industries and trades harmful to the health,"
and are promised "equal remuneration to that of a man provided
she does the same work." There is no legal minimum wage, but
this has little impact in practice since Kuwait is not a
low-wage country.
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KUWAIT
Reflecting the importance of the petroleum industry in Kuwait,
the law governing employment in this sector is more generous
than the general laws. It provides for a 40-hour workweek,
overtime pay for shift work, 30 days' annual leave, and a
generous sick leave policy. By and large, employers appear to
respect provisions of the labor law and provide suitable
working conditions, although some abuses occur in the treatment
of unskilled foreign workers, particularly household maids and
servants .
There are two ministerial orders that supplement the above
laws. Number 14 (1970) established an interministerial board
to resolve labor disputes, and number 42 (1979) created a
permanent commission to coordinate activities in the field of
public health and occupational safety.
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LEBANON
Formally, Lebanon is a constitutional democracy with a directly
elected, unicameral parliament which chooses the president.
Political power is divided on the basis of a formal
constitution and in accordance with the unwritten,
conf essionally based National Pact of 1943. The latter
provides for a Maronite Catholic president, a Sunni Muslim
prime minister, and a Shi'ite Muslim speaker of the National
Assembly. This same National Pact provides also for the
proportional allocation of government positions among various
religious groups on the basis of the last national census —
conducted in 1932.
Twelve years of civil war have altered greatly this
governmental arrangement. Parliamentary elections, which
should take place every 4 years, were last held in 1972.
Since that election, one-fifth of the elected parliamentarians
have died and, with one exception, have not been replaced,
leaving some constituencies unrepresented.
The years of intermittent warfare also have reduced
drastically the authority of the central Government and its
ability to safeguard human rights. Extralegal militias
control much of the country, where they, in effect, govern the
civilian population and enforce their own version of justice
without regard to the central Government or legal norms.
Armed confrontations between differing militia elements are
frequent and periodically result in civilian casualties.
The presence of foreign forces further reduces those areas
under government authority. Although Israel withdrew the bulk
of its forces from south Lebanon during 1985, the Lebanese
Government has yet to extend effective authority to that
region. Israel maintains a "security zone" that encompasses
Lebanese territory and mounts ground and air operations
against targets in south Lebanon which often result in
civilian casualties.
Syria added to its already large military presence during 1987
when additional security forces were sent to West Beirut at
the request of Lebanese Muslim political leaders. Syrian
troops in Beirut, north Lebanon, and the Biqa' Valley
currently number about 35,000. In those areas, the Syrian
authorities carry out security and other functions normally
reserved to the central government. Syrian military responses
to local opposition resulted in civilian casualties and heavy
material damage at times during 1987.
Already seriously disrupted by more than a decade of war,
Lebanon's free enterprise economy continued to deteriorate at
an increasingly catastrophic rate during 1987, prompting
violent demonstrations for the first time. The deterioration
of the Lebanese pound against the U.S. dollar was 74.4 percent
after the first 9 months of 1987, and Lebanese emigration was
increasing substantially.
The year 1987 brought no visible improvement in the human
rights situation. As in previous years, major battles fought
in densely populated areas intentionally or unintentionally
wounded and killed hundreds of civilians. Noncombatants were
the targets of violence, such as terrorist bombings, random
shellings, sniping, abductions, summary executions, and
assassinations. Freedom of movement between East and West
Beirut--already rest r icted--was limited further by the closing
of a major vehicular crossing point on the demarcation line
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LEBANON
separating the two halves of the capital. Movement to other
areas was made increasingly difficult by measures adopted by
militia and foreign military forces. Beirut International
Airport was closed for 3 months after being shelled. The
ferry service connecting Jounieh port in East Beirut with
Larnaca, Cyprus, was interdicted briefly by the Israeli navy.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Rival factions routinely kill for political motives. Such
killing has not been restricted to soldiers and militiamen.
Civilians have been victimized by car bombs exploded in
crowded areas, indiscriminate shelling, and daily sniping
across the demarcation line separating East and West Beirut.
In addition, there have been carefully planned assassinations
of political figures, claims of hostage execution, and death
threats aimed at forcing certain political actions. While
forces outside of government control were responsible for most
of these actions, opponents of the Lebanese Government charge
that security forces and the Lebanese army had roles in both
indiscriminate and planned attacks resulting in politically
motivated deaths. As in the past, the establishment of
culpability and the administration of just punishment did not
follow any of the political killings or assassination attempts
in 1987.
Political killing has resulted from both conventional warfare
and from terrorist attacks. Again in 1987, residential areas
in greater Beirut, Sidon, and elsewhere in south Lebanon were
frequently the target of random shelling, the purpose of which
often appeared to have been to kill or to intimidate
civilians. Snipers shooting across the Green Line that
separates East and West Beirut made no distinction between
military and civilian victims. Terrorist attacks in the form
of massive car bombs brought indiscriminate death or maiming
to numerous civilians in East and West Beirut, Tripoli,
Baalbek, Zahleh, and Tyre. This year also saw the return of
remotely controlled explosive devices as a method of
assassination. Syrian security forces were targeted with
increased frequency in 1987. For a week in February, West
Beirut was the scene of what has been described by witnesses
as the worst fighting since the war began in 1975. The
fighting between Shi'ite militiamen and a Druze-led leftist
coalition resulted in civilian as well as military casualties.
Random confrontations between various militia groups often
resulted in short, fierce street f ights--usually at illegal
checkpoints — but sometimes when carloads of roving militimen
encountered each other. Wounding, hostage-taking, and deaths
frequently resulted from such chance encounters.
The "Camps War" fighting between Shi'ite Amal militiamen and
Palestinian fighters near refugee camps in Tyre, Sidon, and
Beirut continued at fierce levels from October 1986 through
February 1987, when the fighting spilled over into open
militia warfare in the streets of West Beirut. "Camps War"
fighting continued at reduced intensity into April, then
subsided, but sporadic skirmishes picked up again in September
and October, threatening a new major outbreak of fighting. As
a result of the Shi ' ite-Palestinian fighting, hundreds have
been killed and thousands wounded, the majority of them
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LEBANON
civilians from both sides. Housing and infrastructure in the
camps proper were heavily damaged, as also occurred in the
Shi'ite areas immediately surrounding the camps. Fighting in
Tyre reportedly led hundreds of Palestinian families to flee
to Sidon, and fighting in towns and villages east of Sidon
drove thousands of Christian and Shi'ite families from their
homes .
In addition to random acts against civilians, there were
numerous assassination attempts against prominent political,
military, and educational figures. The assassination attempts
took the form of ambushes, rocket attacks on homes, car
bombings, explosive devices planted in buildings and aircraft
for remote detonation, and execution-style attacks. Foreign
diplomats and embassies were targeted. Terrorist organizations
also claimed to have executed a number of hostages from
Lebanon's small Jewish community. Lebanon's Prime Minister,
an important presidential advisor, and the Jesuit director of
the south Lebanon campus of a major university were among
those murdered in 1987. Numerous political figures received
death threats in the course of the year.
b. Disappearance
Thousands of Lebanon's inhabitants have disappeared since the
beginning of the war in 1975. Private militias and foreign
forces, rather than official Lebanese security services,
appear to be responsible for most of these kidnapings. Some
victims probably were summarily executed. Most of these
persons remain unaccounted for, but occasional hostage
exchanges and releases do occur.
During 1987 politically motivated kidnapings continued.
Abductions were particularly prevalent in West Beirut,
Beirut's southern suburbs, and along the Green Line, which
divides predominantly Christian East Beirut from mostly Muslim
West Beirut. Some Lebanese were kidnaped because of their
affiliation with rival militias--others because of interfamily
disputes. Most, however, were civilians abducted simply on
the basis of religion or for ransom. In this latter category,
civilian seizures often tended to coincide with media coverage
of sensitive political issues. Lebanese victims included, for
example, Muslims traveling to East Beirut and Christians
living or working in West Beirut.
In 1987 abductions of foreign diplomats, journalists,
businessmen, and academics continued in West Beirut and the
southern suburbs. A few were eventually released but, as of
the end of 1987, eight U.S., five French, three British, one
German, one Italian, one Irish, one South Korean, and one
Indian (a U.S. permanent resident) remained hostage. In 1987
four professors were abducted from the campus of Beirut
University College in West Beirut, the special envoy of the
Archbishop of Canterbury disappeared during a mission to
negotiate the release of Western hostages, a diplomat, two
journalists, and a businessman were taken hostage. The
diplomat (a Saudi) and one of the journalists (an American)
subsequently were released. A prominent Lebanese politician
was also kidnaped and held for several days before being
released.
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LEBANON
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Overwhelmed by the presence of private militias and foreign
forces, the official Lebanese security services control so
little territory that relatively few allegations of torture
are made against them. There are many allegations of brutal
treatment by Lebanese militias, Syrian occupying forces, the
Israeli-funded Army of South Lebanon, the Palestinians, and
Hizballah. It is difficult, however, to determine to what
extent these allegations, which are often leveled by
archenemies, reflect actual practice.
In its 1987 Report, covering 1986, Amnesty International
expressed its concern about the torture and ill-treatment of
prisoners and noted that it had received allegations of
torture from former detainees held by the Amal militia; the
Lebanese Forces, a coalition of Christian militias; and the
South Lebanon Army. Methods of torture reportedly included
hanging detainees from the ceiling by their feet, electric
shocks, and severe beatings.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Under Lebanese law, a suspect must be arraigned before an
accusation committee (a panel of three judges) and the
prosecutor within 48 hours of arrest, but government
prosecutors sometimes hold suspects indefinitely for
interrogation without reference to a court or judge. Every
prisoner has the right to legal counsel, and bail is permitted
in most cases. There is no public defender's office.
No militia or foreign occupying force observes the legal
safeguards which the Government is committed to apply in
arrest cases. In general, persons arrested by these groups
are denied access to the judicial system. Some of the major
militia groups have periodically turned individuals accused of
civil crimes over to the legal authorities. Normally, however,
the various militias detain individuals arbitrarily for
indefinite periods, often to be exchanged for persons held by
rival militias. Such detainees are frequently held
incommunicado. In addition to politically motivated
abductions, some militias presume to enforce law and order in
regions under their control, arresting, imprisoning, and
executing persons on purely criminal charges. The
Israeli-funded Army of South Lebanon maintains a detention
center in Khiam, which neutral observers have not been allowed
to visit.
The Government does not, as a rule, arrest or exile its
political opponents. Fear of assassination by political
rivals has, however, driven several prominent Lebanese into
voluntary exile, and the general decline in public security
has stimulated the emigration of many Lebanese.
The Government does not use forced labor. In the present
anarchy, however, militias have forced workers, especially
immigrant laborers, to perform unpaid duties such as filling
sandbags for use in building defenses against attack and
cleaning of militia offices. Hospitals and physicians are
sometimes also required to provide services free to the army
and the militias. In the case of the army, the mechanism for
reimbursement exists, but the central Goverr^ent has not
fulfilled its obligation for several years. The militias use
the authority of the gun to claim the same privilege as the
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LEBANON
army. This wide-scale nonpayment for medical services has
contributed significantly to the growing emigration of doctors.
e. Denial of Fair Public Trial
Lebanese law, practice, and custom provide the right to a fair
public trial. A decade of war, however, has disrupted the
judicial process, and many cases remain unadjudicated. Trial
delays result, for example, from the difficulty of conducting
investigations when most of the country remains beyond
effective government control from a shortage of judges, and,
most importantly, from the general breakdown in security.
Although Lebanese police and courts are present throughout the
country, the disposition of criminal cases ultimately depends
on the group in power locally. For example, militias
frequently intervene to protect their supporters from
detention and prosecution.
The Government does not sentence persons to imprisonment for
essentially political beliefs or acts. As noted, however,
militias frequently arrest and imprison members of opposing
political and military groups. Also, in the case of persons
arrested in connection with political assassination, the
detention period without trial or recourse to a lawyer can
drag on for years.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government generally has evinced no interest in controlling
personal life. The law requires the Government to obtain the
equivalent of a warrant before entering homes, except when the
Lebanese army is pursuing an armed attacker.
Rights of privacy, however, are violated frequently in the
course of military operations mounted by the army, militias,
and foreign forces in Lebanon and in the militias'
administration of areas under their control. All of these
groups have attempted to gather intelligence on their
adversaries; these efforts have included informer networks and
telephone monitoring.
g. Violations of Humanitarian Law in Armed Conflicts
In a report on its humanitarian activities to extend
protection and assistance to the civilian population of
Lebanon during the year 1986, the International Committee of
the Red Cross noted that outbreaks of fighting in various
parts of the country often compelled groups of civilians to
flee their homes or left them isolated in their villages or
camps, unable to get food or medical care. It noted that both
crops and homes were pillaged or destroyed in some areas. It
also noted the difficulties it had encountered in gaining
access to persons capture or detained because of the conflict.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Lebanon has a strong heritage of freedom of opinion, speech,
and press. The Government traditionally has protected the
rights of those who have opposed government policies through
peaceful means.
1227
LEBANON
Dozens of newspapers and magazines representing a broad
spectrum of opinion are freely published. Extralegal radios
and television stations are operated by widely diverse
political groups. Intimidation of journalists, including
assassination attempts by militias and terrorists, consituted
the most serious threat to press freedom. In 1987 two foreign
journalists were abducted: U.S. journalist Charles Glass
(kidnaped and held from June 17 to August 18) and French
journalist Roger Auque (kidnaped July 13 and still held
hostage) . Associated Press correspondent Terry Anderson
remains hostage 2 1/2 years after his abduction. Few other
foreign journalists remain in the country.
While there is an independent press in Lebanon, many
newspapers and magazines are widely believed to receive
financial backing from a number of other Middle Eastern
states--most notably Syria, Libya, and Iran. For this reason,
these publications reflect the opinions of their patrons on
various internal, regional, and international issues.
Christian militias have prevented the regular distribution in
East Beirut of several leftist and Islamic publications, and
militias in West Beirut have periodically refused to allow
distribution of Christian militia publications in their area
of control. Amal has stopped distribution of Hizballah
journals in south Lebanon.
The continued breakdown in security in 1987 greatly disrupted
schools and universities to the detriment of academic freedom.
Radical groups and militiamen continued the intimidation of
university faculty, administrators, and students, posing a
serious threat to Lebanon's long tradition of academic freedom.
As noted earlier, professors were abducted from the campus of
one West Beirut university. Syrian troops staged a nighttime
raid on another university's West Beirut campus. Students
attempting to cross from East to West Beirut to attend classes
were turned back at the demarcation lines by Christian
militiamen. Strikes in protest of government inaction towards
a sharply deteriorating economy further interfered with the
free pursuit of education. The assassination of the French
Jesuit director of the south Lebanon branch of one of
Lebanon's major Western universities was seen as the
continuation of terrorist activity aimed at driving Western
education out of Lebanon.
Behind-the-scenes pressures — both internal and external —
inhibited the free expression of opinion. Assassinations and
attempts at assassinations proved a more obvious deterrent to
openly expressed views and have greatly circumscribed efforts
at dialogue between Lebanese political factions.
b. Freedom of Peaceful Assembly and Association
The Government places no restriction on the right of free
assembly, as long as it does not incite popular unrest. Many
groups in Lebanon--even the most radical--exercised their
right to engage in peaceful public demonstrations during the
year .
The major constraint came from the militias and foreign
forces. In areas under the exclusive control of one militia,
demonstrations or open shows of support for rival militias or
political groups were not permitted.
Political groups, such as those which opposed the Israeli
occupation, are not permitted to operate freely in areas still
1228
LEBANON
under the control of the Israeli-backed militia. The Syrians
do not, in general, allow groups openly hostile to them to
remain in areas they occupy.
Lebanon has traditionally enjoyed democratic labor and
management institutions. Collective bargaining and the right
to strike continue to exist. During the past 12 months, the
country's largest labor group, the General Confederation of
Lebanese Workers (CGTL), has called for five general strikes
which have been observed nationwide. There are no
comprehensive statistics on union membership, although the
CGTL claims 200,000 to 250,000 dues-paying members. Employees
remain highly organized in the banking industry. The CGTL
sometimes negotiates wage increases with the Government to
seek to offset inflation whenever economic pressures dictate.
c. Freedom of Religion
The Government affirms the right of freedom of worship, and
Lebanese practice their various religions with a great degree
of liberty.
The 1943 National Pact essentially allocated political power,
on a confessional basis, according to the proportion of
various religious groups in Lebanon as determined by the 1932
census. The unwritten National Pact stipulated that the
president would be a Maronite Christian, the prime minister a
Sunni Muslim, and the speaker of parliament a Shi'ite Muslim.
Seats in the Parliament were divided on a six-to-five ratio of
Christians to Muslims. Positions in the government bureaucracy
were allocated on a similar basis. Some religious groups thus
enjoy greater institutionalized political power than others,
and it has been frequently charged that politically powerful
groups have influenced government policies to the economic
benefit of their coreligionists. Efforts to alter or abolish
the confessional system of allocating political power have
been at the center of Lebanese politics for more than three
decades. Those religious groups most favored by the 1943
formula have sought to preserve it, while others who feel
disadvantaged by it have sought to revise it on the basis of
new demographic realities or to abolish- it entirely. This
struggle has given a strongly religious coloration to Lebanese
politics and to the continuing civil strife there.
The intensification of religious hatreds has led away from
confessional mixing and towards confessional segregation.
Today, Lebanese live more and more in neighborhoods and
villages inhabited exclusively by one religious community.
Many fear to travel to areas where other sects predominate.
Few Muslims live, for example, in East Beirut. Christians
continued to leave mainly Muslim West Beirut during 1987,
complaining of increasing efforts to enforce Islamic mores and
of a severe deterioration in public security (despite the
augmentation of a Syrian security force). Virtually no Jews
remain in their traditional neighborhood in West Beirut.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigation and Repatriation
The Government does not restrict foreign travel by Lebanese
citizens. Emigration and dual citizenship are permitted.
There is no impediment to voluntary repatriation by Lebanese
with valid identity papers.
1229
LEBANON
Lebanon historically has been a land of asylum. During this
century, it has given refuge to hundreds of thousands of
Armenians and Palestinians as well as to smaller numbers from
other Middle Eastern ethnic and religious groups. Lebanon's
political and economic troubles in recent years have greatly
diminished its appeal to refugees.
Lebanon's relationship with the Palestinian community has been
difficult. Most Palestinians, like other foreigners, have not
been able to obtain Lebanese citizenship. Their status as a
"state within a state" under the 1969 Cairo Accords (abrogated
in 1987) and their involvement in internal fighting from 1975
to 1982 and again from 1985 until 1987 resulted in the bitter
enmity of many other groups. In the wake of the 1982 conflict,
many Palestinians encountered difficulty in renewing residence
permits and travel documents, and delays still continue. In
1987 Palestinian combatants continued to return to Lebanon,
and there were serious battles between them and Shi'ite
Lebanese militias.
Lebanese traditionally enjoyed freedom of internal travel, but
this freedom has been greatly circumscribed by militia groups
which have established checkpoints to keep those deemed
undesirable out of areas under their control. The Green Line
bisecting East and West Beirut remained closed for lengthy
periods, effectively dividing the city and paralyzing many
aspects of daily life in Beirut. Crossing the Green Line even
when it was officially open remained extremely risky. The
Israeli-sponsored Army of South Lebanon maintained tight
restrictions on the movement of people and goods into and out
of areas which it occupied.
Because of the closure of the Green Line, fighting and
kidnapings along the road to Beirut International Airport, and
chaotic security conditions at the airport itself, many
Lebanese encountered serious difficulties in traveling
abroad. Travelers unable or unwilling to risk using Beirut
International Airport, which is located in West Beirut, had
the option of traveling overland to Damascus or using a ferry
which runs between Jounieh in East Beirut and Larnaca, Cyprus.
Section 3 Respect for Political Rights:' The Right of Citizens
to Change Their Government
In practice, Lebanese citizens do not enjoy the right to
change their government. Formally, Lebanon is a parliamentary
democracy. According to its Constitution, direct elections
must be held for its 99-member Parliament every 4 years.
Parliament, in turn, elects a president every 6 years, and the
president appoints a cabinet which must obtain the confidence
of Parliament. Political parties may be formed. In theory,
women enjoy the same civil rights as men, but, in actuality,
women play almost no significant role in Lebanese politics.
More than a decade of political turmoil, a greatly expanded
militia role, and foreign occupation has robbed democratic
institutions of much of their substance. No parliamentary
elections have been held since 1972. Although Parliament, the
Presidency, and the Cabinet continue to exist, their effective
authority does not extend to most of the country, which is
under foreign occupation or militia control.
In the past decade, violence has dominated the political
process as militia groups and foreign forces have resorted to
force to gain their way. Leaders of the major factions met in
1230
LEBANON
Lausanne, Switzerland in March 1984 and agreed on a program
for national conciliation. These leaders later formed a
national unity government, but the Cabinet has not met since
early 1986.
In 1987 with the assassination of Prime Minister Rashid
Karami, efforts at dialogue stalled, and the boycott of the
Presidency by approximately half of the cabinet members
hardened.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has a mixed record in dealing with international
human rights groups, and indigenous groups have not pressed the
government strongly on human rights issues.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Women enjoy equality of civil rights and attend institutions
of higher learning in large numbers. Religion, social
tradition, and the prevailing atmosphere of insecurity and
economic hardship make it difficult, however, for women to
expand their participation in Lebanon's social, political, and
economic institutions, and they are massively underrepresented
in national official and private political and economic
institutions. The women's organizations that do exist are,
for the most part, subordinate arms of political parties which
work to advance the interest of the parent party rather than
that of women in general.
CONDITIONS OF LABOR
Lebanon has comprehensive labor laws covering a range of
issues involving workers* rights, including minimum wages,
safe working conditions, length of the workweek, child labor,
and annual holidays. However, given the civil strife and
weakness of the central Government, most of the statutes are
not strictly observed.
1231
LIBYA*
The Socialist People's Libyan Arab Jamahiriya describes its
form of government as a "popular democracy." In theory
political power is vested in "the masses" with the guidance of
the People's Congress and its executive arms, the People's
Committees; in practice the country is dominated by an erratic
military dictator. Colonel Mu'ammar Al-Qadhafi. He is aided
by extragovernmental "Revolutionary Committees" which operate
at his behest.
The governing principles of the society are expressed in
Qadhafi's "Green Book" rather than in the Constitution.
Qadhafi has created a political system borrowing from
pan-Islamic and pan-Arab sources and purporting to establish a
"third way" superior to both capitalism and communism. His
philosophy on human rights is summed up in his statement that
"it is an honor to jail or liquidate the enemies of the
authorities." He has instigated the assassination of his
enemies abroad, and he controls enemies at home in a variety
of summary and judicial proceedings which are employed
wherever popular resistance exists. Ethnic minorities such as
the Berber population are tightly controlled.
Libya's security apparatus operates at multiple levels,
involving not only Qadhafi's personal bodyguards and the
official police/interior establishment, but also the
Revolutionary Committees and People's Committees which act
independently of other authorities, sometimes encouraged
directly by Qadhafi. The result is a complex of multi layered,
tight surveillance and control of individual activities.
Conservative religious and social attitudes further restrict
freedoms and rights for such groups as women and professionals.
Qadhafi has sought to provide greater equality for women in
education and employment but has faced serious resistance from
his conservative countrymen.
Libya has used its oil income to finance internal development
(new schools, hospitals, roads), but much has been wasted and
the recent decline in oil revenues has forced retrenchment.
Significant parts of Libya's development plans have been
dropped, foreign exchange controls have been tightened, and
imports have been restricted. Qadhafi has exhorted the
population to return to the days of self-sufficiency. The
current economic difficulties have been exacerbated by the
regime's expenditures for large quantities of weapons and on
foreign military adventures, including Libyan aggression in
Chad.
Legal freedoms and rights are generally lacking in Libya,
except for minimal guarantees for minorities and women. There
is no right to peaceful association or assembly, no freedom of
speech, no right to express opposition to the Government in
any form, to form trade unions, or to strike. There are no
legal or judicial rights such as the right to be considered
innocent until proven guilty, to a public or speedy trial, to
be secure in one's home or person, or even to hold property.
Libya's human rights record remained poor in 1987. In
February the regime re-'ived the practice of public executions
*Since the U.S. has no official observers present in Libya and
since Libya's media is totally controlled, this report draws
heavily on unofficial ...urces.
1232
LIBYA
of political opponents. The campaign of "physical liquidation"
of Libyan political opponents abroad also continued during
1987, resulting in assassinations or assassination attempts in
Athens, Rome, and Vienna. There were continued reports of
torture and abuse, disappearances, and executions. Amnesty
International (AI) expressed concern -ibout 77 "prisoners of
conscience" and 144 political prisoners but believed the
actual number of such prisoners to be much higher.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
It is not known how many political killings were carried out
in 1987. In February the public hanging of six civilians and
execution by firing squad of three military personnel were
televised. The victims' crimes included the establishment of
underground fundamentalist organizations. There have also
been reports of executions of persons accused of plotting
against the regime and of military personnel blamed for
defeats in Chad.
In 1980 the Government instituted a policy of assassinations
of Libyan exiles and announced the formation of "suicide
squads" to hunt down and kill Libyan dissidents abroad. In
1985 Qadhafi stated that the death pienalty was still
appropriate for persons who refused to return and "repent"; he
reiterated his call that "stray dogs" be searched out and
"liquidated." Between March 1980 and June 1987, AI recorded
at least 37 attacks on Libyan opponents or presumed opponents
living abroad, resulting in 25 deaths. During 1987 this
campaign resulted in the assassination of a member of the
Libyan National Organization in Athens in January, the second
assassination attempt against the former Libyan ambassador to
Austria in Vienna in May, and the assassination of an executive
member of the National Front for the Salvation of Libya in Rome
in June. During 1987 both France and Switzerland expelled
Libyans, including government officials, suspected of plotting
attacks against opponents of the Libyan regime.
b. Disappearance
It is not known how many persons disappeared in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Detainees in criminal and security cases reportedly are
regularly beaten during interrogation. In some prisons,
conditions reportedly are tolerable but conditions of
detention for political prisoners are often poor, including
confiscation of reading and writing materials.
While Shari'a (Islamic) law is practiced in Libya, physical
mutilation is not used as a form of punishment.
AI has expressed concern about the large number of offenses,
including political offenses, which are punishable by death
under Libyan law. For example. Law Number 71 of 1972 provides
for the death penalty for anyone involved with any group
activity based on any ideology opposed to the principles of
the revolution.
1233
LIBYA
In its 1987 Report, AI noted that it had received reports of
torture in Libya, confirming that torture methods such as
"falaqa" (beating on the soles of the feet) and "farruj" (in
which the prisoner is hung upside down from a perch inserted
between the knees, with wrists and ankles bound and is beaten
intermittently) have been used in recent years. It also noted
that in October 1986 Libya paid $500,000 compensation to the
Norwegian Government for the torture and ill-treatment of
Norwegian merchant seamen and the death under torture of one
of them in May 1984. It said, however, that the investigation
into the death of another sailor, promised by Libya in 1985,
was reported not to have taken place.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Elements of the Revolutionary Committees and the People's
Committees continue to carry out arrest and detention of
suspected opponents of the Government with the encouragement
of Qadhafi. Under Libyan law, detainees may be held
incommunicado for unlimited periods. Many political prisoners
are held in unofficial detention centers controlled by members
of the Revolutionary Committees, where prolonged periods of
incommunicado detention are common. Many allegedly are held
without charge or trial, apparently as an example to other
would-be opponents of the regime. In security cases in
particular, there are many reports of prisoners being held
without trial for several years. While undergoing
interrogation, sometimes for periods of several months, they
are given no access to legal representation.
Libya declared several years ago that there were then "no
political detainees on any charge in its prisons." Reports
from a variety of sources, however, assert that the prisons
contain increased numbers of persons convicted of, or held
for, political offenses, including large numbers of persons
arrested in 1984. Qadhafi has justified imprisonment on
political charges. Although he has claimed to be opposed to
arrests in secrecy, there is no evidence that his exhortation
has resulted in any improvement in practice. During 1986
Libyan authorities did not respond to any of AI ' s
communications about 75 "prisoners of conscience." In its
1987 Report, covering 1986, AI noted that it had received
reports that political prisoners in Libya were often held
without trial or after having been acquitted or having served
their sentences.
Foreigners are not immune from arbitary arrest. In February
five foreigners who entered Libya on a disabled yacht were
held incommunicado for several months before four of them were
allowed to leave. The fifth was reportedly released seven
months later.
Exile is not a form of punishment practiced in Libya; to the
contrary, Qadhafi seeks to pressure Libyans working or
studying abroad to return to Libya. Libya does, however,
engage in the arbitrary expulsion of noncitizens. In general,
forced labor is not practiced, but paid labor is mobilized for
major projects under conditions similar to conscription.
During 1987 there were credible reports of widespread forced
conscription of troops — from among Libyans as well as
non-Libyan resident workers--for service in southern Libya and
northern Chad related to Libyan aggression against that
country.
1234
LIBYA
e. Denial of Fair Public Trial
Civilians may be tried in the regular courts, in less formal
"people's courts," or by military or revolutionary courts,
depending on the arbitrary decision of the security forces.
Security forces have the power to consider persons guilty
without trial, particularly "traitors to the people." Trials
are also held in private or in the absence of the accused.
The traditional courts have also been bypassed to a significant
extent by people's courts and revolutionary courts which
sometimes conduct "show trials" on television, followed by
public executions. These various trial systems provide few
safeguards. Freedom House notes, however, that some
acquittals have occurred in political cases.
A 1981 law prohibits the private practice of law and makes all
attorneys employees of the Secretariat of Justice. The Union
of Arab Lawyers, located in France, has expressed concern for
the ability and freedom of attorneys simultaneously to provide
legal defense for political prisoners and to serve as
government employees. Libya claims that it "guarantees
prisoners all necessary means of defense and safeguards of
justice adequate to the principles contained in the
Declaration of Human Rights" and provides for legal assistance
"as soon as possible with respect to the exigencies of
interrogation," but there are numerous reports that these
rights are frequently denied.
Alleged political offenses are often tried before ad hoc
"revolutionary courts" rather than under the normal judicial
procedure, with the opportunities for defense severely
restricted. Moreover, a number of these trials have been held
in secret. There is no precise estimate of the number of
political prisoners in Libya. AI states that it is concerned
about the continued imprisonment of 77 "prisoners of
conscience" in Libya as well as 144 political prisoners, many
of whom may be prisoners of conscience.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government does not recognize the right to privacy. The
legal requirement that judicial warrants must be obtained
before entering a private home is reportedly often disregarded.
Local and international phone calls are routinely monitored.
The informer network is very extensive, encouraged by both
security agencies and Revolutionary Committees. Individual
privacy is disregarded. Libyan exiles claim that mere family
ties to suspected regime opponents can result in harassment or
even persecution and detention by the authorities. Property
can be seized and burned if it belongs to "enemies of the
people" or those who "cooperate" with foreign powers.
g. Violations of Humanitarian Law in Armed Conflicts
In the course of Libya's armed aggression against Chad,
Chadian authorities accused the Libyans of poisoning wells
and mistreating Chadian prisoners of war. Libya has refused
International Red Cross access to Chadian prisoners of war.
In a public statement November 6, the International Committee
of the Red Cross cited Libya for violating the Third Geneva
Convention concerning treatment of prisoners of war. There
are reports that at least one Libyan commander in the conflict
with Chad was executed by Libyan authorities after the
Chadians overran Libyan positions in northern Chad in March.
1235
LIBYA
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although some difference of opinion is tolerated in People's
Committee meetings and at the General People's Congress, in
general, freedom of speech is severely limited, particularly
with regard to any criticism of Qadhafi or his regime.
Freedom of speech and other basic civil and political freedoms
are further restricted during periods of internal security
crises. Libyan media are owned and controlled by the State.
There is only one daily newspaper, which has a circulation of
40,000. JANA, the official news agency, is the designated
conduit for politically acceptable opinions. It is impossible
to publish opinions contrary to government policy. Foreign
publications, if not banned outright, are severely censored.
There is an underlying climate of fear and mistrust at all
levels of society which further restricts freedom of speech.
b. Freedom of Peaceful Assembly and Association
Public assembly is repressed unless it is government
controlled and supportive of regime positions. The right of
association is granted only to those institutions affiliated
with the regime. Organizations such as independent trade
unions and professional associations are viewed as threats by
Qadhafi, who has vowed not to "accept intermediaries between
the revolution and its working forces."
Unions are organized under government control and are
administered through the people's committee system. There is
no collective bargaining; there have been no reports of
strikes (except by students) for years, and presumably these
are not permitted. An exiled opposition group in June 1983
appealed to the International Labor Organization to investigate
"the oppressive record of the Qadhafi regime with regard to
its treatment of workers and laborers and employees in Libya,
with particular emphasis on violations of human rights
agreements and conventions governing labor and labor unions."
This group also charged that Libya has forced foreign workers
and employees into military training with the intention of
coercing them into military and subversive activities against
their own countries.
c. Freedom of Religion
Libya is overwhelmingly Muslim. Some minority religions (e.g.
Christians) still are allowed to conduct services, but Islamic
groups differing from the state-sanctioned one are banned. In
1986 the closure of all Koranic schools allegedly was ordered
to reduce the influence of the mosques and to integrate all
children into the public system. In October 1986, the regime
arrested, as a threat to state security, members of an
"enemies of God" or "godless" clique, nine of whom were
publicly executed in February 1987. In an apparent effort to
eliminate any alternative power bases, the regime has banned
the once-powerful Sanusiyya Islamic religious following.
Restrictions were placed on the operation of the organization's
Zawaayaa (lodges), a government supervisor was appointed for
Sanusi properties, anrl the Sanusi-sponsored Islamic University
was merged with the University of Libya.
1236
LIBYA
Services in Christian churches are attended exclusively by the
foreign community. There is a resident Catholic bishop and a
small number of priests. Nuns reportedly are permitted to
wear their habits.
All but five members of the formerly sizable Jewish community
have emigrated. Qadhafi has stated that he is opposed to
Zionism, not Judaism, and that Arab nations should welcome
Arab Jews who wish to return to their countries of origin.
But in a speech in June 1985 he cited the Prophet Muhammed as
stating that Judaism and Islam cannot coexist in the land of
the Arabs and, in September 1985, anti-Jewish broadcasts on
Libyan radio called virulently for anti-Jewish violence in
areas of Tunisia and Morocco within broadcast range.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
With the exception of security areas, internal freedom of
movement is monitored but not usually restricted for Libyan
citizens. An exit permit is required for travel abroad, and
currency controls are imposed to restrict travel. Although
restrictions on travel abroad were eased somewhat in mid-1987,
it remained difficult for Libyans to travel outside Libya.
Those who are permitted to leave Libya are always monitored by
members of the Revolutionary Committees while abroad. Under
Libyan Islamic law, wives may not leave the country without
their husbands' permission; children may not travel without
their fathers" consent. The right of return of Libyan
nationals is fully protected and theoretically extends to
include opponents of Qadhafi, so long as they are prepared to
"repent." However, this "right" often appears to be more of
an obligation or threat, with calls for students, often under
government subsidy, and others working abroad to return on
little or no notice and without regard to the impact on their
studies or work. Libyans studying abroad are interrogated on
their return.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The people of Libya have no right to change their government.
Major government decisions are controlled by Qadhafi or by
committees acting in his name. He makes appointments of
military officers and official functionaries down to a junior
level. Power flows through a small circle of trusted
associates, whose own authority is a reflection of their
proximity to Qadhafi. Corruption in administration has
assumed major proportions, with adverse effects on government.
Participation in elections is mandatory, and the candidates
are cleared by the Revolutionary Committees from among persons
who are not "merchants, contractors, tribal advocates, election
brokers, officials of the former (pre-1969) government or
people who have been attacked by the power of the revolution."
Political parties and tribal or local groupings are
prohibited, and involvement in such activities remains
punishable by death. Aside from these constraints. Freedom
House has noted that local elections are relatively fair.
1237
LIBYA
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no human rights organizations in Libya to monitor
the Government's performance, and the Government considers
inquiries from international human rights organizations to be
interference in its domestic affairs.
In its 1987 Report, covering 1986, AI noted that it had
received no reply from Libyan authorities to any of AI ' s
communications about 75 "prisoners of conscience," some of
whom were under death sentences or serving life sentences.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are frequent allegations of discrimination based on
tribal status, with particular discrimination alleged against
Berbers in the interior and Tuaregs in the south. Qadhafi has
complained about the continued power of tribal and other
antisocial groups. In past years, he sought unsuccessfully to
assure that Berbers married only non-Berbers, presumably to
diminish their tribal identity.
The conservative cultural attitudes of Libya's Islamic society
serve to restrict rights of certain groups, most notably
women. Within the confines of Islamic beliefs, Qadhafi has
taken a leadership role in efforts to change the status of
women and expand their access to educational and employment
opportunities. Women currently receive basic military
training and are subject to a draft. The husband's permission
is necessary for women or children to travel abroad, and
female circumcision is still reportedly practiced in remote
areas of the south.
There is also discrimination on the basis of religion. The
regime is opposed, however, to Islamic fundamentalism.
CONDITIONS OF LABOR
Libya maintains a work force of around 1 million workers in a
population of 3.7 million. Some 300,000 of these are foreign
workers whose permission to stay in Libya extends only for the
duration of the contracts under which they are employed.
Foreign workers do much of the blue-collar and technical work
in Libya. Foreign workers are subject to arbitrary pressures
such as changes in work rules and contracts with little option
but to accept or to depart the country, often without full
compensation for work already performed. Nevertheless, with
the Government dependent in many cases on the skills of
expatriates, most foreign laborers are paid substantially more
than they would receive in 'heir home countries. The
Government places significant restrictions on the amount of
earnings that may be repatriated.
No information is available on Libyan regulations governing
minimum wages, health and safety, and child labor. In
general, there is no evidence that child labor is a problem in
Libya .
1238
MALDIVES
The Republic of Maldives has a parliamentary system headed by
a strong president. There are no political parties, and
candidates for the unicameral legislature, the Majlis, run for
office as individuals. The Majlis selects a single nominee
for president, who is subsequently approved or rejected by the
voters. All citizens over age 21 may vote. In practice,
government control in this small, homogeneous society is
exercised by a small elite with a common background and
outlook, whose authority is generally and traditionally
accepted by the population.
The Maldives is a nation of 1,200 islands in 19 atolls
scattered across an area 500 miles long by 75 miles wide in
the Indian Ocean. The isolation of individual island
communities from each other, and of the Republic as a whole
from the rest of the world, is a dominant feature of social
and economic life. It is one of the world's least developed
countries, with nearly half the population engaged in
traditional activities such as fishing, harvesting and
processing of coconuts, and small-scale farming.
The Maldives has not been subject to attack or invasion from
outside for hundreds of years, and thus sees no need for a
large defense establishment. The country's 800-1,000 strong
national security service is responsible for maintaining
internal law and order, protecting the President, defending
the country, and preventing foreign fishermen from encroaching
on Maldivian fishing grounds. The police division of the
service investigates crimes, makes arrests, and enforces house
arrest .
There was little change in the human rights situation during
1987. Virtually universal adherence to Islam, the innate
conservatism of a traditional society, and the high degree of
homogeneity of the Maldivian people all underlie the relative
absence of pressures for social and political change. The
authority of the small ruling elite is widely accepted, and
open dissent is rare.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings in 1987.
b. Disappearance
There were no reports of disappearances in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The 1968 Constitution stipulates that "under no condition"
shall a torture considered to be injurious be inflicted upon
any person.
Maldivians follow Shari'a or Islamic law, and occasionally
convicted criminals are flogged. Usually, however, punishment
is confined to less physical means such as fines, payment of
1239
MALDIVES
compensation, house arrest, imprisonment, or banishment to a
sparsely populated island where the prisoner must labor to
earn his daily keep.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution requires that "no person shall be apprehended
or arrested, except on a verdict specified by Shari'a or
(civil) law." There is no provision under Maldivian law for
preventive detention, and incommunicad detention is not
usually practiced.
Acting on information or complaints received, the Attorney
General's office passes the case to the appropriate court, and
the judge then instructs the police to undertake an
investigation. The suspect is questioned at police
headquarters and may, depending upon the charges, be detained
or placed under house arrest for 15 days while the case is
investigated. If the case is not brought to trial within 15
days, the suspect is freed. Detention or house arrest may be
extended after the first 15 days by authority of the President,
but usually for not more than 1 month. While there are no
provisions for bail, an accused person held without bail who
has valid reason to travel may receive permission to do so
from the court handling his case.
Actions which "arouse the people against the Government" are
illegal, and persons can be arrested and charged with violation
of this law, the penalty for which can be banishment to remote
atolls of the Maldives. Forced labor does not exist, except
in the case of persons banished to remote atolls, who must
work to earn their keep.
e. Denial of Fair Public Trial
There is a High Court and eight lesser courts in the capital
at Male, each dealing with specific types of cases (e.g.,
debt, theft, property claims). On other islands there are
courts that deal with all types of cases. Judges are trained
in Islamic law, are appointed by the President and serve at
his pleasure, and thus cannot be considered fully independent.
Cases in island courts that present knotty legal points are
referred to the appropriate specialized court at Male, whose
judge may in turn refer the legal point to four judges
attached to the Justice Ministry for assistance. The High
Court acts as a court of appeal and handles political cases,
such as the trials of the participants in an attempted coup
d'etat in 1980 and four Majlis members found guilty of bribery
in 1983.
During trial, the accused may defend himself and call
witnesses. He also may be assisted by a lawyer, but there are
few lawyers, and lawyers are not provided by the courts. The
accused is sentenced by the judge; the length and type of
sentence are established by law and custom.
There are currently no Maldivians serving sentences for
political crimes; the last remaining prisoner of those
banished for participation in the 1980 coup attempt was
pardoned in 1987.
-779 0-88-40
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MALDIVES
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits the opening, intercepting, reading,
or making public of letters, telephone conversations,
telegrams, and wireless messages exchanged between persons
"except in accordance with the specific provisions of the
law." There were no reports of complaints in 1987 that the
Government monitors correspondence or telephone conversations
or uses a system of informers.
There are no prohibitions on the importation of foreign
publications, except pornography, and foreign broadcasts are
not jammed. The Government does not interfere with the right
to marry.
The Constitution also requires that private premises and
dwellings be respected and provides that "they shall not be
entered into except under conditions and in a manner
stipulated in the law." There have been no reports of
practices to the contrary.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and expression
"so long as the specific provisions of Shari'a and the law are
not contravened." Any citizen may criticize or complain to
the Government without fear if he does so through recognized
channels, such as by letters or oral complaints to the
President, to a Majlis member, or to a civil servant or other
person in authority.
Maldivians are frequently frank in private when discussing and
criticizing the Government. However, the law which prohibits
arousing opposition to the legally established government,
together with a long tradition of authoritarian rule, tend to
make Maldivians careful when expressing their opinions to
foreigners or in the media. There is no prior censorship of
newspapers, but writers and editors are subject to prosecution
if their articles contravene the law. In 1987 no writers or
editors were prosecuted for writing articles alleged to have
created antigovernment feelings.
There are three privately owned newspapers, each required to
register with the Government. The only government-owned
publication is the news bulletin, published by the Maldivian
Department of Information and Broadcasting.
b. Freedom of Peaceful Assembly and Association
The Constitution assures freedom of assembly and association,
but Maldivians make little use of these freedoms in a
political sense. The majority of rallies and meetings are
sponsored or approved by the Government and commonly are
addressed by officials or religious leaders. Clubs and other
private associations, of which there are many, are permitted
to function if they do not contravene Shari'a and civil law,
and if they register with the Government.
There are no trade unions in the Maldives. Workers' rights to
organize, bargain collectively, and strike are not recognized
or protected by statute. Until the 1970's, most Maldivians
either were self-employed or held government jobs and there
1241
MALDIVES
was a relative lack of interest in workers' rights or
organization. However, during the past 5 years three sizable
garment manufacturing facilities opened, employing large
numbers of workers. There were no special provisions
regarding workers' rights or treatment in the agreements to
establish these companies between the Government and the
foreign investors. However, a Department of Labor was formed
in 1982, and an Intergovernmental Labor Advisory Board met in
1987 and drafted the country's first labor laws, pertaining to
hours of work, overtime pay, and required annual holidays.
c. Freedom of Religion
The Constitution makes Islam the official religion, and all
citizens are Muslims. There are no churches or shrines for
the practice of any other religion. Missionaries of
non-Muslim faiths are not permitted to proselytize in the
Maldives. Conversion of a Muslim to any other faith would be
a violation of the Shari'a, the law of the land, and would
automatically result in- the loss of Maldivian citizenship.
However, links with coreligionists in other countries are
freely allowed, and a delegation from the Maldives performs
the Haj each year.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Maldivians are free to move about the country unless they are
under house arrest or detention or banished. However, the
Government discourages Maldivians from changing islands of
residence, primarily because most recent migrants have moved
to Male, which is becoming severely overcrowded. The
Government reimposed regulations in 1982 that limit immigration
to the capital island and its surrounding atoll, permitting
migration to Male only for short periods in order to work, be
educated, or receive medical treatment. At the same time, the
Government has made a major effort to improve social and
educational services and develop industry outside of Male. In
1987 the Government announced new housing standards for all
residences and plans to lease land on two islands in Male
atoll as part of a new plan to reduce overcrowding on the
capital island.
Maldivians are free to change jobs. There are no restrictions
on foreign travel or on emigration, and there are no exit
visas. The Government requires any Maldivian who has acquired
another nationality to maintain Maldivian nationality
concurrently. Such a person must enter and leave the Maldives
on a Maldivian passport. As far as is known, the Government
never has revoked the citizenship of any Maldivian, there are
no refugees or displaced persons in the Maldives, and no
Maldivians have been exiled or are refugees or displaced
persons elsewhere.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The people of the Maldives have only limited and indirect
influence on the selection and organization of their
government. President Maumoon Abdul Gayoom rules the Maldives
together with a small group of generally well-educated members
of the elite Who are loyal to him. There are no political
parties, although they are not forbidden by law. President
1242
MALDIVES
Gayoom has, however, publicly discouraged their formation as
being inappropriate to the homogeneous nature of Maldivian
society.
Members of the unicameral legislature, the Majlis, are chosen
for 5-year terms by means of secret ballots cast by all
Maldivians over 21 years of age. Candidates for the Majlis
must be over 25 years of age, Muslim, able to read and write
both Arabic and Maldivian script, not involved in a crime for
the past 5 years, and in good mental and physical condition.
Of 48 members, 40 are elected (2 from each atoll and 2 from
Male), and 8 are appointed by the President. There were 162
candidates for the 40 seats contested in the December 1984
elections. Once elected, Majlis representatives are freely
approached by citizens or groups with grievances or points of
view on proposed legislation.
Candidates for president must be Sunni Muslim, born of
Maldivian parents, male, over 30 years old, not convicted of
any crimes, and mentally stable. A single nominee for
president is chosen by secret ballot in the Majlis from as
many candidates as are proposed by the members. The
nomination then is confirmed or rejected in a nationwide
referendum, also by secret ballot. In 1983 the Majlis voted
47 to 1 to nominate Gayoom to a second 5-year term.
Maldivians confirmed Gayoom with 95.62 percent of their
votes. At the time of his nomination and the referendum.
President Gayoom had no serious competitor for the position.
Some irregularities apparently occurred during the referendum,
especially on outer atolls where island chiefs cast the
ballots of all eligible voters on their islands. Nevertheless,
Gayoom' s leadership is believed to be widely accepted by the
electorate.
Since there are no political parties, factions in the Majlis
tend to coalesce around individuals or points of view and vary
according to the issue. Any member may introduce legislation,
which, if seconded, must be considered by the Majlis. All
laws must be approved by the Majlis. The Majlis has the power
to guestion ministers and to call for their removal. In
practice, however, the Majlis generally supports the Government
after carefully discussing and sometimes amending its
proposals .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no requests for outside investigations of human
rights violations in 1987. There are no local human rights
organizations .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The population of the Maldives increased to 189,400 in 1986,
50,000 of whom live on the capital island of Male. Concerned
about overcrowding in Male, the Government has restricted
migration to the capital from other atolls, which results
indirectly in discrimination against residents of the more
distant atolls in terms of their access to a better life. In
1987, to address the interrelated problems of unhealthy
overcrowding on Male and greater access for non-Male residents
to the advantages available only on Male, the Government
announced plans to lease land on two other islands to people
1243
MALDIVES
who work on Male. One of the islands is within reasonable
commuting distance of the capital; the other is 17 miles away,
too far for a daily commute. Also, the Government has plans
to intensify development of three new proposed regional
centers, which will include regional airports (one is already
finished) and industrial areas with a free trade zone.
Women enjoy an equal status with men under Maldivian law, and
patterns of behavior are not notably restrictive. By Islamic
and Maldivian tradition, women play a lesser role than men in
public life. No women were serving as members of the Majlis
elected in 1980, but President Gayoom appointed one. There
are three women in the citizens' special Majlis that is
reviewing the Constitution. Women hold several responsible
positions in the civil service. The President has appointed
two women as aides, another to be his Director of Social
Affairs, and two women to his 12-member Consultative Committee.
In 1982 the President appointed a National Women's Committee
which is seeking ways to increase participation by women in
the country's life.
CONDITIONS OF LABOR
There are very few labor standards set by the Government.
Only Government workers are entitled by presidential directive
to a paid annual holiday and free health care in the event of
work-caused illness. There is no minimum age for the
employment of young people. The Government has set no
restrictions on conditions under which children or young
people may be employed, although most employers do not hire
young people for work at night or in what are considered
hazardous conditions. There is no national minimum wage,
although the Government has established wage floors for
certain kinds of work. Employees who work more than an 8-hour
day are entitled to be paid overtime, and employers are
required to provide a certain minimum number of holidays per
year under new laws adopted in 1987.
1244
MOROCCO*
Morocco is a constitutional monarchy whose King effectively
dominates the country by means of his wide-ranging
governmental powers and his traditional role as spiritual
leader of the country's predominantly Muslim population. The
King appoints and dismisses the Prime Minister and cabinet
members, promulgates laws, presides over the Council of
Ministers, may dissolve the nation's single legislative body
(the House of Representatives), and may exercise powers by
decree. The King's messages to the House of Representatives
and the nation are not open to debate. Bills may be
introduced in the House of Representatives only with the
concurrence of the King's Prime Minister.
The King often expresses his desire to strengthen democracy,
and some democratic practices and institutions in Morocco are
in place. The Constitution provides for a pluralistic
political system and a parliamentary form of government, and
stipulates the freedoms of movement, expression, and
association, among others. -Eight political parties are
represented in the House of Representatives, and most publish
newspapers reflecting House debate and containing a range of
views on the economy, social issues and the conduct of
government, albeit in relatively restrained terms. While
significant restrictions exist, the political system remains
open to gradual change.
The security apparatus is composed of several overlapping
police and paramilitary organizations, operating within a
framework of legal provisions designed to maintain public
order. All of the organizations are under the King's ultimate
control, though many are administered on a day-to-day basis by
the Interior Minister. In recent years, especially after the
riots of 1981-82 and 1984, Interior and Surete Nationale
officials have been placed in administrative posts in other
ministries, such as the Ministry of Religious Affairs, to
assure a pervasive Interior Ministry presence.
Private investment and private property predominate in the
economy. The Government has plans to privatize public sector
enterprises and has taken several initial steps toward that
end. Morocco is rapidly undergoing urbanization; over 50
percent of the population now lives in cities and towns.
Unemployment and underemployment probably total 25 percent of
the work force, and new job creation is not keeping pace with
demographic growth. New entrants to the labor force probably
number about 250,000 annually, and the majority are unlikely
to find full-time employment.
There were no major outbreaks of political unrest in 1987 such
as occurred in January 1984. Nor were there major political
trials as in 1986. Nevertheless, during the period from
December 1986 to February 1987 there was a series of
demonstrations, walkouts, and disturbances by university and
lycee students in Meknes, Fez, Tetouan, Al Hoceima, and other
locations. The Moroccan media reported that students were
arrested and beaten by the police. There were also allegations
that several students were killed by police during
demonstrations in Meknes and in the North. Student grievances
centered on practical issues — criteria for academic
•A separate section on the Western Sahara is appended to this
report .
1245
MOROCCO
advancement, the presence on campus of "vigils" (i.e., police
employed by the Ministry of Interior); inadequate food,
lodging, or transportation, and the insufficiency of state
stipends to students.
There are continuing reports of police brutality, including
torture, and of cruel treatment and substandard conditions
within prisons. There are almost daily reports of hunger
strikes, petitions, and other forms of protest on the part of
both prisoners and their families. Although the Government
asserts that all prisoners are common criminals, it is widely
held that some Moroccans are in prison and in exile because of
their political beliefs alone.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
In 1987 there were no known instances of political killing.
None of the death sentences for Moroccans convicted of
involvement in Islamic fundamentalist activities in 1985 or
1984 was carried out, although they continue to be held in
prison.
b. Disappearance
Given the frequent Moroccan practice of holding prisoners for
long periods of pretrial detention without notification of
families or attorneys, it is difficult to arrive at an exact
number of those who may have permanently--rather than
temporarily--disappeared. In a 1985 report, the New York-based
Lawyers' Committee for Human Rights indicated that up to 500
persons may have disappeared over the last decade. Although
that number cannot be confirmed, persons in several categories
appear to have disappeared during that time. These include
military prisoners accused of involvement in the 1971 and 1972
coup attempts; those arrested near the war zone in the Western
Sahara; and other political activists, including a number of
students and teachers.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Reports of abuses by the Moroccan police and prison
authorities, many of which are based on letters sent to the
press by prisoners and their families, continued in 1987.
Reported abuses include torture; inadequate prison food,
sanitation, and medical care; and deprivation of mail, reading
material, and family visits. There have also been reports
that prison officials have harassed prisoners' families
visiting the prison. Responses by prisoners reportedly
include hunger strikes as well as letters and petitions of
protest. Several suicides were reported in 1987 among
nonpolitical prisoners.
Most prisoners are allowed family visits once a week and on
religious holidays, and family members are permitted to bring
food to supplement the prison diet. However, prisoners
convicted of involvement in the 1971 and 1972 coup attempts
continue to be held in degrading conditions, in windowless,
dirty cells in extreme temperatures, with inadequate food and
without family visitation rights or the right to respond to
1246
MOROCCO
mail received. A number of Moroccan detainees, including many
considered informally to be "political prisoners," are allowed
to receive Moroccan newspapers, have access to radio and
television, and pursue studies while in prison, though there
were complaints that the latter privilege was in some cases
denied.
In September the Minister of Justice issued a statement, in
response to questions from House deputies, claiming that
increased funding since 1985 had greatly improved prison
conditions in terms of food, beds, and uniforms. He also
praised the Ministry's work in the areas of prison sanitation
and medical care. In order to eliminate overcrowding, he
urged the deputies to support the construction of prisons in
their home districts. The Minister stated that the Government
has made efforts to safeguard the rights of prisoners and said
that strong disciplinary measures under criminal law had been
taken against prison personnel who had violated these rights.
The Minister's claim has not been independently confirmed.
There were two cases of alleged inhuman treatment which
attracted international interest. The first involved Abdul
Mu'min Al Bouztati, a Moroccan citizen who was arrested April
28 and died 3 days later, allegedly as a result of torture
inflicted during his detention. Mr. Bouztati 's family
reportedly asked for an official inquiry. On May 31-June 1,
the government denied that Bouztati had died under torture,
stating that instead of being a young dissident, Bouztati was
a drug smuggler and user with a long criminal record who had
died in a Tetouan clinic of natural causes brought on by
tuberculosis and epilepsy, as substantiated by the clinic
physicians. According to September press reports (accompanied
by a photograph of the corpse), the Bouztati family continued
to demand a judicial inquiry, claiming that traces of blows
were evident on the corpse and that a medical certificate
stated that the lungs of the deceased had undergone great
damage.
The second case concerned former Interior Minister Mohamed
Oufkir's six children, who reportedly have been under house
detention near Casablanca since the involvement and death of
their father in the abortive coup of 1972. According to press
accounts, four of the children, now aged from 18-34, escaped
detention on April 20 and tried to leave Morocco. They were
retaken by the authorities in Tangier on April 23. According
to French press reports, they were destitute and badly in need
of medical and dental attention from their years of
confinement. Foreign press reports in late October stated
that the Canadian Government would allow the Oufkirs to
emigrate to Canada and that their departure from Morocco was
expected soon.
In its 1987 Report, covering 1986, Amnesty International (AI)
expressed its concern about allegations of torture and
ill-treatment of prisoners in Moroccan custody. AI noted that
it had expressed concern to Moroccan authorities about reports
of irregularities--including torture and the threat of
torture--during the pretrial detention of 41 individuals
accused in 1985 of belonging to the underground movement
Ila-al Amam. AI said that it had asked whether the court had
taken steps to investigate the torture allegations and had
requested details of the charges and evidence produced against
them, but that the authorities had limited their reply to the
provision of details about the charges against, and date and
place of trial of, a single member of the group. AI also
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MOROCCO
noted that it had written to the authorities about allegations
of torture in the case of five students arrested in October
1986 and sentenced to between 2 and 6 months' imprisonment for
public order offenses.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Constitution requires that a detainee be brought before a
judge within 48 hours of detention and informed of the charges
against him. The police can request a 48-hour extension of
that period. This legal requirement is, however, widely
abused, and detainees are often held for up to several weeks
or longer before being brought before a judge. Most persons
are arrested in public view, but police sometimes refuse to
identify themselves, and warrants are not always used.
Arrests are frequently made only on the basis of suspicion.
Moroccan law requires that a lawyer be present after the
initial presentation of the detainee before the review court,
but no such requirement exists for the prior period of police
custody. Morocco does not have an extensive system of bail,
although defendants are sometimes released on their own
recognizance. Moroccan law does not have a specific provision
for habeas corpus or its equivalent. Under a separate code of
military justice, military personnel have been detained in
past years without warrants or announcement of trial. No such
incidents were confirmed in 1987.
There have been allegations that prisoners have been held
incommunicado for extended periods. At the same time, family
or friends have learned, usually through their own efforts, of
the detainees' general location. In this regard, the Moroccan
press in August and September reported a "campaign of arrests"
over the summer involving some 20 Moroccan students, teachers,
and officials. (Other sources described them either as
Islamic conservatives or students belonging to the Leftist
National Union of Moroccan Students — UNEM--and estimated that
the actual number of those arrested over the summer greatly
exceeded those reported) . In October the press reported an
unspecified number of arrests of UNEM university students in
Oujda. In all cases, press reports indicated that the
Government had given no explanation for these arrests.
In its 1987 Report, AI expressed its concern about allegations
of prolonged incommunicado detention and continued detention
after expiry of sentence.
There are no known instances of political activists sentenced
by the judicial process to exile. There were, however,
allegations in 1987 that Moroccan security forces had ordered
citizens to leave Morocco or face criminal charges. Some
activists prefer to remain abroad rather than risk arrest on
their return to Morocco. According to some reports, the
Government refused to issue passports to enable large numbers
of exiles to return. When it appeared that liberation hero
and former leftist leader Mohamed Basri was slated to receive
permission, in the form of an amnesty, to return to Morocco in
the summer of 1987 after 20 years of exile, Moroccan political
parties publicly appealed to the King to extend the same
permission to other Moroccans living in exile.
While prisoners are regularly used on work crews, forced labor
is not used as a means of political coercion, as a sanction
against free expression, or as a means of discrimination.
1248
MOROCCO
e. Denial of Fair Public Trial
The Moroccan judicial system is generally considered fair and
independent of political control, except in cases involving
challenges to royal authority or state policy. Cases are
brought before an initial review court, which can call for a
hearing. The detainee is informed of charges and questioned
by the judge to decide if they have merit. If not, or if the
infraction is minor, the judge can release the detainee or
impose a light sentence. If a lengthy investigation is
required, the judge can release detainees on their own
recognizance. In cases involving serious crimes, courts
generally move quickly to bring cases to trial. If convicted
by the court of first instance, a defendant has the right of
appeal. The 1985 Lawyers' Committee Report and some lawyers
charge that these criteria are not always met in political
cases. They claim that trial transgressions in such cases
include: no notification of charges, intimidation of defense
lawyers, and ignoring defense arguments. However, capable and
committed attorneys do accept the defense of detainees in
political cases and provide an active defense.
Although most cases are handled by civilian/secular courts
based in part on French legal tradition, Morocco has a
parallel judicial system using Islamic legal principles to
deal with marriage, divorce, child custody, and inheritance
for Muslim Moroccans. Western legal practices are not
applicable in the Islamic courts; Koranic principles govern
the limited kinds of cases heard. There were no specific
charges of judicial corruption in 1987, though general charges
of corruption in both the judicial and administrative branches
continue to be heard.
Although the Government has stated that there are no political
prisoners, most observers estimate that there still remain
some 200 prisoners held for political activities dating as far
back as the early 1970 's and sentenced to long terms up to
life imprisonment.
In addition, there are approximately 125 Moroccans convicted
of Islamic fundamentalist activities, although some sources
insist that the number held could be as many as several
hundred. Human rights groups in Europe assert that nearly
1,600 persons were tried and sentenced following the riots in
January 1984. Many have been released after completing their
terms, but estimates of those still in prison range in the
hundreds. In early 1986, the Government released 15 to 20
long-term leftist prisoners, and in December it released four
former members of the banned Marxist party Ila-Al Amam.
According to the government press, these four had addressed a
letter to the King recognizing what they called their past
errors. The majority of such prisoners, however, apparently
prefer to remain in prison rather than seek release by
renouncing their views.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Arbitrary government interference in the private lives of
citizens is relatively infrequent. The Constitution states
that the home is inviolable and that no search or
investigation may take place without a judicial warrant.
However, this is not always observed in practice, and there
were allegations of illegal searches of the home in 1987. It
is widely accepted that the Government selectively monitors
1249
MOROCCO
certain individuals, including their telephones and mail. At
times of heightened agitation in the past, the authorities are
alleged to have searched homes and offices without warrants.
The Government does not generally interfere with the private
beliefs of the individual. There is no forced membership in
political organizations. The Government, concerned about the
spread of what it considers radical religious beliefs, is
active and vigilant in administering the nation's mosques, but
there are no reported instances of interference with parents'
teaching of religious beliefs to their children.
Section 2 Respect for Civil Liberties, Including:
a . Freedom of Speech and Press
The Constitution provides for freedom of speech, including
freedom of the press, except for criticism of the monarchy and
Islam. In the opinion of some observers, foreign policy is
also a subject not open to free debate. King Hassan has made
it clear that any challenge to Morocco's claim to the Western
Sahara is also off-limits as a subject for public debate. In
April and July meetings with the press. King Hassan asserted
that those who denied that the Western Sahara was Moroccan
directly challenged his responsibility to maintain the
territorial integrity of Morocco and had to be imprisoned for
their own safety in order to protect them from other Moroccans.
There is, however, some criticism of the Government and
Moroccan officials and limited discussion of political and
socioeconomic issues. Several daily publications actively
report on human rights issues. Nevertheless, investigative
reporting is severely limited, and journalists are under
government pressure to conform to government policy. In 1987
there were reports that a Moroccan journalist had asked for
political asylum abroad.
In 1987 the Government seized editions of newspapers, both
foreign and domestic, carrying material which it was thought
would inflame public opinion. Publication of the Communist
daily Al Bayane was halted from October 1986 through
mid-January 1987 for indirect criticism of the palace. The
authorities banned a book on women's issues, "The Political
Harem," by a Moroccan author, after it had been distributed in
book stores. Officials have frequently seized banned
publications entering the country from abroad through the
mail. Some cultural activities, including those of theatrical
associations, have also been banned.
The Arabic language daily Al Anbaa as well as the Moroccan
press agency Maghreb Arab Press are government owned. Many
newspapers and journals are privately owned, although they all
are influenced by the Government, receive some government
subsidies, and reflect official views to varying degrees.
Some are controlled by political parties or private groups.
Television and radio are government owned, and the views
expressed are the Government's.
There is a measure of academic freedom. Strictures against
scholarly investigation of the monarchy and Islam exist, but
there is in fact lim.ited research and publishing on Islam and
Islamic fundamentalism. Several students reportedly were
killed during protests against government academic policies.
1250
MOROCCO
b. Freedom of Peaceful Assembly and Association
There are constitutional guarantees of peaceful assembly and
association. However, groups seen as threatening the
political stability of the regime, such as declared radical
Islamic fundamentalist organizations, are outlawed. Private
associations are permitted, after registering with the
Government, and professional, business, religious, and
cultural associations are active. Permits are required for
public meetings, but if the requesting group is a legally
registered association, permission is normally--though not
always — granted.
There are three major trade union federations: the Union
Marocaine du Travail (UMT) ; the Confederation Democratique du
Travail (CDT) ; and the Union Generale des Travailleurs
Marocains (UGTM) . Each has a democratically elected
leadership. The UMT is politically independent. The CDT is
affiliated with the Socialist Party, and the UGTM with the
Nationalist Istiqlal Party, Of the total work force of 7.5
million, perhaps 1 million are unionized, mainly in the
industrial, commercial, and public sectors. The Moroccan
federations are members of regional labor organizations and
maintain contacts with the international trade secretariats.
The UMT, CDT, and UGTM regularly participate in annual
conferences of the International Labor Organization (ILO).
Morocco's Constitution and laws provide for the right of
association for labor unions, recognize the right to bargain
collectively, and call for the settlement of disputes without
outside interference. These guarantees are widely observed in
the modern sector of the economy but are less well observed,
and sometimes totally ignored, in the informal and underground
economy. The right to strike is guaranteed by Article 14 of
the Constitution, but a detailed law defining this right has
never been enacted. During strikes and work protests, workers
are sometimes arrested and prosecuted under criminal statutes
that outlaw picketing and damage to employers' property. Laws
also prohibit strikes in sectors deemed to affect national
security. Legislation governing settlement of labor disputes
was enacted some years ago, but the mandated procedures, which
are lengthy and complicated as well as in conflict with later
constitutional guarantees of the right to strike, are
customarily ignored as disputes are handled by the Government
on an ad hoc basis. Labor tribunals hear individual cases,
while collective disputes are generally handled within the
Ministry of Labor. Elected worker delegates, rather than
union representatives, act as workers' bargaining agents with
employers .
Although small-scale strikes continued in 1987, the labor
climate was generally calm. There were no major strikes or
protests. Moroccan trade unions allege that workers are
frequently dismissed or suspended for union activity and that
employers often do not respect laws governing workers' rights.
Unionists also complain of interference by the police and
Ministry of Interior officials in labor disputes. The UMT has
several complaints pending with the ILO on these and other
alleged infractions of ILO Conventions on Freedom of
Association and Collective Bargaining. Employers are subject
to fines--and in serious cases even impr isonment--f or labor
law violations. Ministry of Labor inspectors are charged with
investigating complaints and monitoring compliance with the
law. Labor unions contend that existing legislation is not
adequately enforced.
1251
MOROCCO
The Constitution also guarantees the representation of workers
in Parliament. There are 10 seats reserved for worker
representatives in the current 306-member Parliament. In the
1984 elections, the UMT elected 5 members, the CDT 3, and the
UGTM 2 .
c. Freedom of Religion
The population is over 99 percent Muslim, and Islam is the
official religion. The King bears the title "Commander of The
Faithful" and is the religious as well as secular leader of
the Moroccan population.
The Constitution provides guarantees for freedom of worship.
Proselytizing is forbidden. While conversion to another faith
from Islam is not banned in the civil code, the Islamic faith
and engrained popular attitudes strongly discourage it.
There are two non-Islamic religions with organized communities
in Morocco: Judaism and Christianity. There are up to 10,000
Jews, living mainly in Casablanca and several other major
cities. The Jewish community operates schools and social
institutions as well as a number of synagogues. Publications
in Hebrew are permitted, and rabbis serving the Jewish
community are trained in Morocco. Moroccan Jews serve in
leading positions in the business community. The President of
the Administrative Chamber of the Supreme Court is Jewish, as
is one parliamentary deputy. King Hassan meets from time to
time with delegations of Jews of Moroccan origin, most
recently in London in 1987.
There are also institutional links between the Government and
the Roman Catholic Church. In a 1983 letter to the Pope, King
Hassan pledged to guarantee the Catholic Church's right to
conduct both religious and charitable work, and that pledge is
adhered to in practice. The letter also formally recognized
the work of the Catholic clergy, who come exclusively from
abroad, to minister to some 100,000 foreign residents with
parishes in most cities. In 1985 the Pope visited Morocco at
the invitation of King Hassan, at which time he met with
Morocco's Islamic leaders and delivered an address to 80,000
Muslim youths. As a result of the Pope's visit, a resident
apostolic nunciature was established in June 1986.
There were no substantiated arrests in the small Baha'i
community in 1987, although there were reports of
administrative harassment of community members, including the
continuation of the 1983 ban on the holding of religious
meetings and the sealing off in 1986 of the Baha'i cemetery in
Rabat. The Supreme Court rejected the appeals of the nine
Casablanca Baha'is convicted in 1985 of proselytizing. The
nine, who had already served their 10-month jail sentences,
were nevertheless seeking to overturn their convictions, clear
their names, and eliminate other serious consequences of the
convictions, including possible 5-year banishment from their
Casablanca homes for the four non-Moroccan defendants, and
loss of employment opportunities for the five Moroccans.
The King and other religious leaders continue to actively
oppose "radical" religious beliefs, and large numbers of
Muslim fundamentalists have been imprisoned. Interior
Ministry officials monitor what is taught in the mosques and
report deviations from Orthodox Islam.
1252
MOROCCO
d . Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement is unrestricted throughout Morocco. As
the administering authority in the Western Sahara, the
Moroccan Government restricts movement in areas of the
territory which are militarily contested. There were no
reported cases of restrictions on foreign travel for political
reasons in 1987, although some persons who have been
imprisoned for political reasons in the past have had
difficulty obtaining a passport. For the ordinary citizen,
obtaining a passport often takes several months, though there
are no formal restrictions on emigration. A woman is obliged
to have the permission of her father, or, if she is married,
her husband, to obtain a passport. A divorced woman must
receive her father's permission for a passport and, if she has
custody of children, she must have the children's father's
permission for the children's passports.
There are no known instances of the Government depriving any
citizen of Moroccan nationality. Moroccan law considers any
person who acquires Moroccan nationality to be a citizen for
life. Morocco specifically encourages voluntary repatriation
for Jewish community members who have emigrated from Morocco.
It also encourages the return of Saharans who have opposed
Morocco in the Western Sahara conflict. Returning former
Polisario members deemed to pose no security threat have been
reintegrated into Moroccan life.
Morocco adheres to the 1951 Refugee Convention. It currently
has some 500 refugees, mainly from African countries and
Eastern Europe. Most of the Eastern European refugees came to
Morocco in the 1940's and 1950's. For a grant of refugee
status, the Government requires that the applicant be able to
care for his own needs.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution may not be amended without the approval of
the King who, as a practical matter, would be unlikely to
approve removal of the monarchy. Moroccan citizens, though
enjoying a wide latitude to elect members of Parliament, are
not ultimately in a position to replace their system of
constitutional monarchy. Executive power is vested in the
King and carried out by a government whose members are
designated by him and serve at his pleasure. In filling those
cabinet posts whose occupants are to have political party
affiliations (at present 16 of 30 ministers are affiliated
with political parties), the King gives some consideration to
the proportional strength of the parties in the House.
The Parliament passes the annual budget and other items of
legislation. However, many measures of importance are
promulgated as government decrees or by royal proclamation. A
frequent complaint of opposition politicians is that the
Government, which must approve the introduction of legislative
bills into the Parliament, does not give that body sufficient
work, both in terms of the volume of the legislation referred
to it and of the importance of the legislation. Parliamentary
absenteeism is high. While government legislative proposals
are rarely rejected outright, the Parliament is sometimes able
to modify the bills it passes. Political pressure on occasion
has persuaded the Government to delay or withdraw legislation.
1253
MOROCCO
More than a dozen political parties, representing a spectrum
of political philosophies from far left to conservative,
competed in the municipal elections of 1983 and the 1984
Parliamentary elections. Some of the results were challenged,
and there were widespread accusations, which persist today, of
government tampering, both in terms of the selection of the
candidates and in the tallying of the results. In a number of
cases, these challenges were upheld in court. On April 17,
1986, partial elections for 5 Parliamentary and 92 Municipal
Council seats were held to choose replacements.
The palace is capable of engineering changes in party
leadership for the purpose of ensuring political docility. A
case in point is the Berber-based Mouvement Populaire, which
last October, at palace direction, held an Extraordinary
Congress which removed the founder and Secretary General.
Since then this individual and his family have been the object
of official harassment and constant surveillance by police
authorities .
The Constitution provides that "men and women enjoy equal
political rights." Women occupy responsible government
positions, including at the ministerial staff level. Women's
role in political life remains restricted, however. No woman
holds a seat in the 305-member Parliament, although women have
run in Parliamentary elections. Of 15,000 city council
members in Morocco, only 17 are women. Women serve on the
executive committees of several of the major political parties
and on the Saharan Consultative Council, a body created in
1981 to advise the King on Western Saharan issues.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In recent years, Morocco has not refused any formal
international or nongovernmental investigation of human
rights, though the Government is sensitive to such
investigations and cooperation may be slow.
The Government has been slow to respond to Embassy inquiries
into alleged human rights cases, following up on interest
expressed by members of the U.S. Congress, human rights
organizations, and private U.S. citizens. Nearly all of the
Embassy's requests for information in 1987 remain unanswered.
There are two major human rights associations: the Moroccan
Association of Human Rights (AMDH) and the Moroccan League for
the Defense of Human Rights (LDDH) . The LDDH is affiliated
with Istiqlal (a Centrist and Nationalist political party)
while the AMDH, an organization which has been active in 1987,
is associated with lef t-of-center political parties. Although
permitted, human rights groups are occasionally subject to
police surveillance and harassment. In December the
Association of Moroccan Lawyers held a colloquium in Oujda on
human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution reaffirms the legal equality of all
Moroccans. In the professions, women have made great progress
in law, medicine, and teaching. Progress in professional
fields has not always been matched in the society at large.
There are areas where traditional standards prevail.
1254
MOROCCO
especially in the area of private law. Divorce is permitted,
but a husband can repudiate his wife while she cannot
repudiate him. A man is permitted four wives according to
Islamic tradition, although multiple marriages are
increasingly rare. Segregation of the sexes is common,
especially in social settings. However, in rural areas and
among the urban poor, as well as increasingly among middle and
upper class families, women are employed outside the home and
contribute to family income.
Some Berber spokesmen claim that Moroccan institutions do not
reflect the Berber character of the population and that, as a
result, for example, of a lack of Berber-language schools, the
Berber identity is not sufficiently maintained. A popular
intellectual monthly review, largely dedicated to questions of
Berber identity, was suspended in 1983 and has not
reappeared. However, Berbers continue to play a significant
role in national and local affairs. Some state-owned radio
stations broadcast several hours daily in the Berber language.
CONDITIONS OF LABOR
Morocco's basic legislation on working conditions, dating from
the 1930's and 1940's, is generally respected in the modern
sector of the economy. These laws provided for a 48-hour
maximum workweek, premium pay for overtime, paid public and
annual holidays, and minimum conditions for the safety and
health of workers, including prohibition of night work for
women and minors. Children may not be employed or apprenticed
before age 12, and special regulations govern employment of
children between 12 and 16. In the traditional sector of the
economy, however, particularly in the work of artisans,
children are often apprenticed earlier than age 12. Safety
and health conditions in many enterprises are substandard;
labor inspectors are charged with monitoring compliance with
the law, but often lack the resources or authority to enforce
compliance. In 1987 the Moroccan press pointed out abuses of
under-age workers in the rug-making and carpentry industries.
Minimum wage legislation provides a two-tier system for
agricultural and industrial workers. The Government last
raised wages in 1985. Nevertheless, legal wage levels are not
always honored by employers, particularly in small
establishments outside the modern economy, and in cases
involving minors. It appears that many minors are employed as
domestics with no recompense except room and board.
1255
THE WESTERN SAHARA
Morocco assumed administration of the northern three provinces
of the Western Sahara after the withdrawal of Spanish forces
in 1975, and of the southernmost province in 1979 when
Mauritania renounced its claim to the area. Sporadic fighting
continued in 1987 between the Moroccan armed forces and the
Polisario, an organization supported by Algeria which seeks
independence for the Western Sahara.
Since 1977 the northern provinces of El Ayoun, Smara, and
Boujdour have participated in elections held throughout
Morocco. Communal elections were held in the southernmost
province of Oued Ed Dahhab in May 1981. The four Saharan
provinces participated in 1983 elections and in all votes in
1984, including the referendum on the Moroccan-Libyan Treaty
of Union and direct and indirect elections to Parliament.
Participation in both the referendum and the direct elections
to Parliament tended to run higher in the Western Sahara than
in almost all other areas of Morocco.
All 10 parliamentary seats allotted to the Western Sahara
provinces are filled by persons of Western Saharan origin.
The governors of the Saharan provinces, appointed by the King,
are all native Saharans. In consultation with elected
municipal and provincial councils, the four governors
administer their provinces in the same manner as the provinces
and prefectures of Morocco proper are administered. Most
village and civil servants are also locally recruited
Saharans. The governors* primary responsibilities are to
accelerate development and the delivery of social services.
Investment in the Western Sahara remains tax-free, and the
Moroccan Government has stipulated other financial incentives
to encourage development.
Sovereignty over the Western Saharan territory remains a
subject of international dispute. At the June 1981 summit
meeting of the Organization of African Unity (OAU) in Nairobi,
Morocco agreed that a referendum should be held to decide the
question. The OAU summit meeting in 1983 resolved that the
referendum be held in December 1983 but also called for direct
negotiations between Morocco and the Polisario, a request
which Morocco rejected; the referendum also did not take place.
Morocco walked out of the November 1984 OAU summit in protest
over the seating of the Saharan Democratic Arab Republic
delegation. Morocco later called for the United Nations to
administer the referendum to determine the population's wishes
on independence or integration with Morocco. In October 1985,
King Hassan, in a message to the U.N., also announced a
unilateral cease-fire by Moroccan forces in the region. He
pledged that Moroccan forces would only defend themselves if
fired upon.
In 1986 U.N. Secretary General Perez de Cuellar lent his good
offices to an effort involving "proximity talks" with Morocco
and the Polisario, with a view to arranging a referendum under
U.N. auspices. Although the parties concerned agree in
principle to a referendum, they have yet to agree on the
modalities, particularly regarding who would be allowed to
vote and whether or not the Moroccan military and civilian
administration would remain in the region at the time of the
referendum. In addition, Algeria and the Polisario continue
to call for direct negotiations between Morocco and the
Polisario prior to a referendum. On November 20 a U.N.
technical mission visited the Sahara for a 2-week visit to
1256
THE WESTERN SAHARA
explore the problems involved in organizing a ceasefire and
arranging a referendum. The civilian population in the
portion of the Western Sahara under effective Moroccan control
is subject to Moroccan political institutions and laws.
Officially it is subject to the same human rights practices as
other Moroccans in areas of undisputed Moroccan sovereignty.
There are, however, reports that Saharans often have
difficulties obtaining passports, that their political views
are more closely monitored than those of residents of Morocco
proper, and that police and paramilitary authorities react
especially harshly against those suspected of supporting the
Polisario. The Moroccan Government counters such reports with
allegations of Polisario human rights abuses. There have been
few opportunities to evaluate the human rights practices of
the Polisario in areas outside the berm, the Moroccan
earthwork defense line, and these allegations cannot be
confirmed or denied.
1257
NEPAL
Nepal is the world's only Hindu Kingdom. Its Constitution
stipulates that the King (chief of state) is the sole source
of authority for all government institutions. There are
traditional and constitutional restraints on the King's powers,
but he effectively rules as well as reigns. Political parties
are formally banned, and elections are officially contested on
an individual basis. Nevertheless, parties do exist and
function more or less openly.
The National Panchayat (legislature) consists of 112
representatives elected directly on the basis of universal
adult suffrage, and 28 appointed by the King. Legislation
passed by the National Panchayat is sent to the King for his
approval, without which it cannot become law. The Supreme
Court can invalidate laws which it finds to be inconsistent
with the Constitution. The National Panchayat selects the
Prime Minister from its ranks. In turn, he appoints the
Council of Ministers (cabinet). The Council, answerable to
both the National Panchayat and the King, manages day-to-day
government operations and advises the King. In 1983, for the
first time, the Prime Minister was changed by a vote of no
confidence.
Internal security is maintained in the first instance by the
national police and as necessary by the army. Owing to Nepal's
meager communications facilities, local officials have a large
degree of autonomy and exercise wide discretion in dealing
with law and order issues.
Nepal is one of the world's poorest countries. Over 90
percent of its traditional and rural population is engaged in
subsistence agriculture. Nepal maintained a self-imposed
isolation until 1951, and economic development and the
broadening of political participation have been government
objectives only since that time. Nepal's limited
communications facilities are an important constraint on its
development .
The human rights situation in Nepal in 1987 was essentially
unchanged from 1986. The 1987 local elections were relatively
peaceful and fair. The irregularities and disturbances
reported appeared to be attributable to individuals involved
in specific campaigns and not to any organized effort by the
Government. The major concerns were over continued
restrictions on freedom of the press and reports of severe
mistreatment of prisoners. The number of political prisoners
dropped considerably, as a large number of persons, imprisoned
during the rash of bombings and the teachers' strike in 1985,
were released in 1987. Prosecution of persons charged with
proselytization or conversion continued at about the same rate
as in 1986.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no political killings reported. Three persons were
arrested in 1987 in connection with the attempted assassination
in 1986 of a journalist who was an outspoken critic both of
the Government and of those involved in drug trafficking. One
of the suspects was convicted of attempting to murder the
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NEPAL
journalist, and although the trial was secret, it was widely
speculated that the attempt was prompted by the suspects' ties
to the drug trade. The other two are still on trial.
b. Disappearance
There were no allegations of disappearances in 1987. Amnesty
International's (AI) November 1987 Report on Nepal documents
the disappearance of four men arrested in mid-1985. Despite
efforts by their families to obtain writs of habeas corpus,
the Government has not accounted for the missing men and has
denied that they remained in custody.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were continued persistent reports, particularly from
remote areas, that police regularly use brutal methods to
interrogate or intimidate prisoners, both criminal and
political. In its November 1987 Report, AI expressed concern
that the torture of criminal suspects is widespread and
routine and that in recent years two suspects are reported to
have died in police custody as a result of torture. They were
also concerned that the use of fetters, prohibited under the
United Nations' standard minimum rules for the treatment of
prisoners, is even more widespread in Nepal than is permitted
legally under Nepal's Prison Act. The Government rarely has
conducted active investigations into allegations of police
brutality or acknowledged public concerns about its
prevalence, and some officials privately admit that they are
unable to control police excesses.
Places of detention reflect the country's low standard of
living. Jail conditions vary according to the crime committed
and the person's status, but all prisoners have access to
medical attention and to the traditional Nepalese diet. They
are usually permitted visitors and goods from the outside.
Generally, political prisoners have fared better than those
convicted of criminal acts. Separate facilities are
maintained for women and for the criminally insane.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The Public Security Act permits 9 months of preventive
detention before charges must be filed if the detention order
is issued by a Zonal Commissioner or Chief District Officer,
and up to 18 months' detention if the order is imposed by the
central Government. It is alleged that some prisoners are
released and immediately rearrested for another 9 months
without charges being filed. There are also reports that some
people are held in prison after completion of their sentences
and, in some cases, in defiance of Supreme Court orders. Some
prisoners went on hunger strikes in 1987 to protest the
failure to release them on time.
Six leaders of the Tibetan community in Nepal were held under
the Public Security Act during late October and early November,
apparently as a preventive security measure during the sunnmit
meeting in Kathmandu of the South Asian Association for
Regional Cooperation. All were released without charges
having been filed. Approximately 20 Nepalis of Sikh origin
were reported to have been similarly detained.
Two National Panchayat members were arrested in 1987 in
connection with their political activities. Both were
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NEPAL
released after a short period of detention without charges
having been filed or a trial held.
For common crimes, a suspect must be brought before a court
within 24 hours and must be informed of the general grounds
for the arrest or be released. A 7-day extension may be
granted for the completion of the police investigation. These
rules are not strictly observed.
Neither official exile nor forced labor is practiced in Nepal.
e. Denial of Fair Public Trial
The law provides for the right to a public trial in most cases
(some security and customs cases excepted), and this right is
usually honored. Except for those held in preventive
detention, the Constitution provides for the right to counsel
and protection from double jeopardy and retroactive
application of the law. These rights are not always
respected. A number of defendants were convicted in 1987
under the Destructive Crimes Act of 1985, which was
promulgated after the bombings for which they were tried.
There was also controversy over the fact that several of the
defendants were tried in absentia.
There are separate military and civilian courts. Military
courts generally deal only with military personnel, but
civilians may be tried in these courts for crimes involving
the military. Lower court judges are appointed by the
Government on the recommendation of the Judicial Service
Commission, and higher court judges are appointed by the King
on the recommendation of the Chief Justice of the Supreme
Court. The Destructive Crimes Act and the State Offenses and
Punishment Act provide for closed trials before specially
constituted tribunals in cases of terrorism or treason.
The judiciary is legally independent but generally not
assertive in challenging the executive. All lower court
decisions (including acquittals) are subject to appeal, and
the Supreme Court is the court of last appeal. The King may
grant pardons and set aside judgments.
The Government has acknowledged holding "political prisoners,"
but there is no agreement in Nepal on the definition of the
term, which in opposition usage may include editors, student
activists, and convicted murderers. Current estimates of the
number of political prisoners in Nepal's jails range from 58
to more than 140. This is a considerable drop from the 1986
totals, reflecting the release during 1987 of a large number
of persons who had been in prison since the wave of bombings
and the teachers' strike in 1985.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government generally respects the privacy of the home and
family, principles which are bolstered by Nepalese law and
tradition. Except for those suspected of narcotics or
security violations, search warrants issued by Chief District
Officers are required before search and seizure. The
correspondence of some foreigners and domestic nonconformists
is opened with little attempt at concealment.
1260
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Under the Constitution, freedom of speech and of the press may
not be exercised in support of a political party or "to the
detriment of the common good," the monarch, or members of the
royal family. In practice, this rule is widely interpreted to
permit criticism of the Government but not of the monarch or
of the royal family. Journals and newspapers deemed to have
overstepped these guidelines have been closed down, and their
employees have been detained under the Public Security Act or
even the Treason Act. Journalists* groups complain of the
uncertainty surrounding what may be found objectionable at any
given time.
In 1987 the Government closed 19 papers for printing
objectionable material and arrested 9 editors and reporters
for material they had written. All but one of these
journalists were later released, as were several arrested in
1986. Some newspapers challenged their closure in court and
were allowed to reopen, and at least one resumed publication
under a new name. Late in 1987, the Supreme Court ruled that
under the amended Press and Publications Act the Government
cannot suspend publication of newspapers, as it has frequently
done in the past, but can only stop providing facilities to
them. However, the Government's power to withdraw a
newspaper's license remains unchanged, and an earlier court
decision that paralleled the Supreme Court's ruling did not
result in any fundamental change in the Government's treatment
of the press.
In August the editor, distributor, and print compositors of a
widely read newspaper were arrested after the paper published
an interview with a Hindu scholar who is a strong critic of
the Nepalese system of government (the "partyless Panchayat"
system). The paper was closed for violating the Press Act by
publishing objectionable material. The editor remains in jail
on a charge of sedition, while the others arrested have been
released on bail pending trial on charges of violating the
Press and Publications Act. The scholar himself was never
arrested.
The two dailies with the largest circulation are government
organs, but they carry some reports of opposition activities
and criticism of the Government, as well as extensive coverage
of the debates in the National Panchayat. A major complaint
of the independent newspapers is that government advertising
(and most private advertising) goes only to the two
semiofficial papers. Nevertheless, the independent press
continues to be fairly vigorous and candid in its criticism of
government policies and motives.
Foreign publications are seized or banned when deemed to carry
articles unfavorable to the Government or the monarchy.
Several Indian newspapers were banned for varying periods
during 1986 and 1987, but the bans were lifted in October
1987, just prior to the summit meeting in Kathmandu of the
South Asian Association for Regional Cooperation.
The single radio service in Nepal, and the sole television
station in Kathmandu (which began broadcasting in 1986), are
run by quasi-public boards and avoid controversial topics.
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NEPAL
b. Freedom of Peaceful Assembly and Association
Regulations permit local authorities to prohibit meetings,
speeches, and posters if they are found not to be "for the
convenience or good of the general public." These regulations
are frequently invoked. The law forbids activities detrimental
to the monarchy, to relations among the people, or to national
security. All political parties are banned under the partyless
Panchayat system, although in practice political party members
are generally permitted to assemble privately and to express
their views in the independent press.
Regulations governing political activities are interpreted
differently by local authorities in different areas of the
country, and the decision whether to permit a political meeting
is made on an ad hoc basis. Student groups, including those
openly affiliated with the banned political parties, are
allowed to contest campus elections. However, they are
usually prevented from holding meetings or demonstrations off
campus, and a number of student leaders are usually in jail at
any given time.
In its special report on Nepal issued in November, AI
expressed its concern about the cases of journalists, trade
union members, and students who have been jailed in Nepal for
the nonviolent exercise of their right to freedom of
expression and association.
The Government banned trade unions in 1960. The Nepal Labor
Organization (NLO) , established by the Government, is the only
organization officially permitted to perform trade union-like
functions. There are some independent workers' associations
which tend to be repressed by the Government when they become
too active. The Government has continued to withhold
recognition of the National Teachers' Association and has
countered domestic and international pressures for its
recognition by forming two separate secondary and primary
school teachers' associations whose constitutions are
structured in such a way as to minimize their political
activities .
There is a legal right to strike, provided that the strike is
authorized by the NLO. In practice, the few strikes which are
held are illegal wildcat actions. The NLO has not called a
legal strike within the last 3 years. The NLO, however, often
becomes involved in mediating between strikers and employers
after illegal strikes have begun.
c. Freedom of Religion
The vast majority of Nepalese are Hindus, though there is a
sizeable minority of Buddhists. Religious tolerance is
traditional, and the Constitution provides that "every person,
having regard to the traditions, may profess and practice his
own religion as handed down from ancient times." However, the
Constitution also provides that "no person shall be entitled
to convert another person from one religion to another." The
legal code provides a maximum penalty of 1 year in prison for
any Hindu who converts to another religion and 3 to 6 years
for any person who seeks to proselytize a Hindu. In 1987 5
new cases were registered in which 9 people were charged with
proselytization and 11 with conversion. One person was
detained under the Public Security Act. Including cases
initiated in prior years, approximately 120 persons remain
under indictment in more than 40 separate cases. More than 70
1262
NEPAL
defendants have been convicted but remain free on bail pending
appeal. No one is currently serving a sentence for either
offense .
There have been occasional allegations i.rom some members of
Nepal's small Christian minority of harassment which inhibited
the free practice of their religion, even when they were not
engaged in proselytizing. In October police disrupted a
Christian worship service in a private home when they intruded
to see who was participating. After the service's conclusion
they took all attending Nepalese citizens to the police
station, where all but eight were quickly released. The
remaining eight were eventually released on bail, after three
were charged with proselytizing and five with conversion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on travel within the country for
Nepalese citizens, although foreigners are restricted from
traveling to several border areas. Nepalese abroad are free
to return home. There are no known cases of revocation of
citizenship for political reasons.
Nepal has no stated refugee policy. In the past it has
accepted and assimilated approximately 12,000 Tibetan refugees
and, according to immigration officials, no refugee has ever
been forced to return to Tibet.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Political legitimacy in Nepal flows from the King, not from
the people, since the Constitution is bestowed by the monarch
rather than adopted by the citizenry. Accordingly, the
Constitution does not afford a mechanism through which
citizens could legally change the governmental system in which
the King plays a central role.
Most Nepalese accept and support a central role for the
monarchy, either for religious reasons (the King is regarded
as a reincarnation of the Hindu god Vishnu) or out of respect
for tradition. Many Nepalese also view the monarchy as the
symbol of Nepalese nationalism and a force that unifies a
nation of disparate ethnic and linguistic communities. At the
same time, there is substantial public support for the view
that Nepal's future political development should follow
democratic lines.
The 1980 constitutional reforms restructured the nation's
formal political framework to make officials more answerable
to the voting public. Direct election by universal adult
suffrage was intended to make National Panchayat members more
sensitive to the need to be seen as representing the interests
of their constituents in relation to the Government. The
Government was made accountable to the National Panchayat as
well as to the King, and in 1983, for the first time, the
Prime Minister was changed by a vote of no confidence.
Within the National Panchayat, there is lively debate on many
issues. However, the ban on political parties makes it
difficult for public opinion to be represented and mobilized
systematically. In the absence of political parties, the
palace still effectively dominates the legislature.
1263
NEPAL
The local elections held in 1987 were relatively peaceful and
fair, and the reported irregularities and disturbances
appeared to be attributable to individuals involved in
specific campaigns, and not to any organized effort by the
Government .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are several human rights organizations in Nepal which
work with AI and with regional human rights groups. Human
rights activists disseminate their views in public meetings,
newspapers, and pamphlets. There have been no reports of
attempts to suppress them. Members of AI visited Nepal in
August, 1987, to conduct research for their report on Nepal,
which was issued in November. Entitled "Nepal: A Pattern of
Human Rights Violations," the report expressed concern about
the disappearance of several persons while in police custody,
reports of torture of political and criminal detainees, the
continuing imprisonment of persons without formal charge or
trial, and the poor conditions in the prisons. There has been
no indication of any official or unofficial response by the
Government. The Government's normal practice is to ignore
foreign references to human rights in Nepal and avoid public
statements on the subject.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Women in Nepal have the right to vote and to hold property in
their own name. Women's property rights have been enforced by
the courts when cases are brought to them, especially in the
Kathmandu area. However, women have yet to enjoy their rights
fully in many rural areas, where lack of knowledge or
understanding of the law is common and the weight of
traditional practice and attitudes is great. A women's legal
project begun in 1987 is attempting to address this problem.
As a Hindu nation which began the development and
modernization process barely 35 years ago, Nepalese society is
suffused and shaped by the traditional caste system. However,
public discrimination on the basis of caste, and particularly
the practice of untouchability, has been outlawed and is
officially discouraged. The spread of education is slowly
reducing caste distinctions and increasing opportunities for
lower socioeconomic groups. Politics, as reflected by the
national election results, continues to be dominated by the
traditional higher castes (Brahmins, Chetris, Newars), but the
representation of other castes is increasing.
CONDITIONS OF LABOR
The industrial sector is small, accounting for little more
than 1 percent of Nepal's gross domestic product. The Nepal
Factories and Factory Workers Act of 1959, as amended, sets
minimum wage rates and working conditions, including special
rules for women and a minimum age of 14 years. Enforcement is
spotty, however, and there have been reports of child labor in
match and cigarette factories. The law establishes a standard
workweek of 44 hours and extensive standards for occupational
health and safety.
1264
OMAN
The Sultanate of Oman is an absolute monarchy without
popularly elected representative institutions. The reigning
Sultan, Qaboos bin Said Al Said, is the 14th ruler of the
current dynasty. The State Consultative Council, formed in
1981, functions as an advisory body on economic and social
questions. Members are appointed by the Sultan who has
continued the House of Al Said's long tradition of firm
control over all questions affecting the Omani State.
National security remains a matter of continuing close
attention. In the early years of the rule of Sultan Qaboos,
the Government focused its concern on quelling an insurrection
in the southern province of Dhofar, supported by the People's
Democratic Republic of Yemen (PDRY) . The insurrection was
defeated in 1975, but in the face of threats from the PDRY and
later from Iran, Oman continued to devote considerable revenue
to defense. Oman's strategic location on the south shore of
the Strait of Hormuz exposes the country to the increased
tension in the Persian Gulf area. Many key jobs in the
Government, especially in the military and internal security
services, are occupied by outsiders, including many British,
although the number of expatriates is declining.
Almost totally undeveloped in 1970, Oman has used its modest
oil revenues to foster a remarkable degree of progress in the
social, economic, and administrative spheres, achieving a
significant improvement in the living standards of its people.
Sultan Qaboos has also built on an earlier trend to bring
notables of the tribal system of the interior into the
national administrative system.
There were no major developments in 1987 with significant
impact on the human rights environment in Oman. While civil
and political rights are not formally codified, the Government
is reasonably accessible to the people through their tribal
leaders and walls (governors). The internal security services
are large, efficient, and pervasive, but are not generally
regarded as repressive, and the integrity of the individual is
generally respected.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known political killings in Oman in 1987.
b. Disappearance
No cases of disappearance were reported in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Though Islamic law is administered throughout the country by
Islamic judges, the amputations prescribed by such law are
generally commuted by the Government to prison terms. Prison
conditions are considered severe by Western standards; cells
are not air-conditioned despite summer temperatures which can
reach over 115 degrees Fahrenheit, and all prisoners must
observe the fasting requirements during the Islamic month of
1265
OMAN
Ramadan. There were no reports of torture or other forms of
cruel punishment by Omani authorities.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Although Omani law does not provide for habeas corpus or its
equivalent, the period of detention before trial in criminal
cases is usually short. Police notification may be slow, but
incommunicado detention is not practiced. Under current Omani
practice, a person suspected of a crime may be held up to 15
days while a case is under investigation, although this may be
extended to a maximum of 70 days if approved by the magistrate.
Attorneys are not always permitted access to their clients.
While abuses of the police power of arrest have occurred, the
criminal code imposes penalties for unjustified arrest or
detention. Citizens have several channels through which they
can seek redress of any grievance against law enforcement
authorities, and these appear to function well, particularly
in rural areas.
Membership in certain unauthorized organizations is a criminal
offense. The Dhofar insurgency (1955-1975) led to the
imprisonment of members of the Popular Front for the
Liberation of Oman (PFLO) . Although the PFLO remains a
proscribed organization and a few of its members remain in
custody, many former insurgents benefited from an amnesty and
returned to Oman from the bordering areas of the PDRY. All
Omanis who were in exile under the previous Sultan were given
the opportunity to return, as many thousands did after 1970.
The grace period for those in self-imposed exile who wished to
return to Oman ended on December 31, 1986.
There is no forced labor in Oman.
e. Denial of Fair Public Trial
Islamic law prescribes a fair and speedy trial before
experienced and impartial judges, and judicial practice in
Oman conforms largely to these prescriptions. In fact, the
majority of cases are settled by out-of-court negotiations.
There is no right under law to a jury, counsel, or public
trial, and attorneys are not provided for those who cannot
afford them. If a case proceeds to trial, it is heard before
a judge alone. Generally, all questioning is conducted by the
judge, and there is no examination or cross-examination by the
prosecution, accused, or attorney of the accused. Either side
may request the judge to ask particular questions of a witness,
however, and some judges do permit direct questioning of
witnesses. At the discretion of the judge, the accused may
call witnesses. Decisions are generally pronounced promptly,
and sentencing is immediate. Verdicts are final, although
there may be informal appeals to the State Advisor for Penal
Affairs and ultimately to the Sultan in cases involving
serious offenses. The Sultan must approve death penalty
verdicts. The various judicial systems are technically
subordinate to the Sultan, but they operate independently in
the majority of cases.
In January the Ministry of Interior announced the return of
the "Al Barzah" or people's courts which are described as one
of Oman's most ancient and traditional institutions. According
to the plan, the Al-Barzah sessions will be convened in the
forts of the larger wilayats of the country. The wali
(governor), assisted by his deputy, a judge, and staff will
preside over the sessions. The Al Barzahs handle personal
1266
OMAN
disputes as well as minor commercial disputes, but do not
handle criminal cases. Those cases not settled by the
people's courts are referred to Oman's existing formal courts
of law.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Warrants are not required to search private residences,
offices, or vehicles. Such searches, however, as well as the
monitoring of telephones and private correspondence, are
confined to cases where the Government perceives a security
threat or criminal activity.
There is no forced membership in political organizations.
Although there is no government policy to discourage the use
of other languages in speech or print or in religious
instruction in the home, the Government has increasingly
insisted that correspondence with it, and public and legal
documents, be in Arabic. A 1986 law banned, with a few
insignificant exceptions, marriage between Omanis and
foreigners. The move was explained as an effort to stem the
erosion of Omani culture. Those already married to foreigners
had to register within a specified period or risk forfeiting
their citizenship and that of their offspring.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There are no provisions in law which protect freedom of speech
or freedom of the press. Criticism of the Sultan in any form
or medium is prohibited by law. Criticism of individual
officials, agencies, and their programs is tolerated but is
not given media coverage. The Government controls all radio
and television broadcasting. Government control of all
printed matter, including newspapers and magazines, is
specified in the Press and Publication law, issued in May
1984. The law imposes strict controls on, and a mechanism
for, prior censorship of all information in printed form in
both domestic and imported publications. The Government owns
two of the three daily newspapers, one in Arabic and one in
English. Subsidies to the several privately owned weekly and
biweekly publications provide an effective incentive to
self-censorship, although there have been arrests and closure
for offensive articles. Thus, editorials and news coverage
invariably reflect the Government's views. Publications
arriving in Oman from foreign countries are censored for
politically or sexually offensive material and are
occasionally banned. The censor's attention generally focuses
on articles that directly attack or embarrass the Omani
Government. In 1985 the regional correspondent of a respected
economic journal was warned of the consequences of critical
coverage of Oman, and one local English newspaper was shut
down. In 1987 two expatriate reporters were deported for
articles written about Oman.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is not guaranteed by law. Associations of
any kind must register with the Government, and those which
oppose the political system of the Sultanate are prohibited.
Labor unions and strikes are illegal, and there is no
collective bargaining. Although Oman's labor law specifically
prohibits the right to strike, it does mention the concept of
1267
OMAN
"collective grievance" and encourages conciliation of disputes
through the formation of joint consultative bodies of labor
and management. The organization of other professional groups
is embryonic.
c. Freedom of Religion
Oman is an Islamic state, and virtually all Omani citizens
adhere to one or another sect of Islam, the exception being
the small Hindu community made up of Omani citizens of Indian
origin. Ibadhi Muslims are in the overall majority and include
the ruling family. However, members of the minority Sunni and
Shi'a Muslim communities are found in all walks of life in both
the public and private sector. Non-Muslim foreigners, both
Christian and Hindu, are allowed to worship at designated
locations on land donated by the Government. Although there
is no indigenous Jewish community, Jews are not barred from
living and working in Oman. Religion is not a factor in
gaining entry into Oman. Non-Muslims in Oman are prohibited
from proselytizing. Conversion to Islam is encouraged and
publicized.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Omanis living abroad before 1970 have returned to Oman in
large numbers with official encouragement and without legal
obstacles. Several thousand ethnic Omani refugees from East
Africa, particularly Zanzibar, have been successfully
resettled. Many Omanis who had sought refuge in the PDRY
during the insurgency in Dhofar (1965-75) have returned to
Oman with official encouragement. Non-Omani refugees are not
permitted to remain in Oman. Those few that reach Oman are
generally returned to their homelands unless they can be
guickly resettled in a third country. Omanis may travel
abroad freely, although a woman must have authorization from
her husband or father to obtain a passport. Many Omanis work
abroad, particularly in the United Arab Emirates, where an
estimated 30,000 Omanis are currently employed. Many of these
people travel home to Oman on weekends. With the exception of
a few military areas, there are no restrictions on travel by
Omanis within their country. The Government's development of
transportation has greatly increased the ability to move
within the country to heretofore inaccessible areas.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Sultanate of Oman has no formal democratic institutions.
Consequently, most of its citizens do not have a say in the
choice of leaders or in changing the political system. Oman
is a monarchy in which the Sultan retains the final word in
all government decisions. Succession to the monarchy is
determined through a consensus of the ruling family and leading
public figures. There are no political parties, legal
opposition groups, elections, or constitution. Citizens have
access to senior officials through the traditional practice of
submitting petitions for the redress of grievances.
Successful redress depends on the effectiveness of personal
contact and the quality of the persons chosen as
intermediaries. Outside of Muscat, the Government still
reflects the tribal nature of Omani society. Traditional
elites dominate the tribal and town councils, which settle
intratribal disputes. Final authority, however, is with the
walls, who are appointed by the Sultan.
1268
OMAN
In an effort to broaden participation in the Government, the
Sultan formed the State Consultative Council in 1981. It
consists of 55 members drawn from the Government, the business
community, and the outlying districts. It includes members of
every significant ethnic, geographic, and religious group. At
present, the Council's role is an advisory one, limited to the
social and economic spheres.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government of Oman declined to receive a proposed Amnesty
International mission in 1972 during the insurgency in Dhofar.
Since then, there have been no known requests by international
human rights organizations to visit Oman. There are no
independent organizations in the country to monitor human
rights violations. Though Oman usually plays a passive role
in the United Nations and other bodies on human rights issues,
it has criticized Israel's practices in the territories under
its occupation and the South African system of apartheid in
U.N. forums.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Though conservative, Oman has not been extreme in the
interpretation of Islamic precepts on the status of women.
Women have shared in the benefits of the social and economic
growth of recent years, and schooling for girls is available
to the same extent as for boys in urban areas, less so in
rural areas. However, for cultural reasons, the level of
education which girls attain is still below that of boys.
Many urban Omani women drive cars. A few women have reached
high positions in the public sector. By and large, however,
occupational advances available to women are limited to the
traditional spheres of teaching, secretarial work, and nursing.
The gains achieved by a small minority of women are largely
irrelevant to the great majority, both in the towns and in the
rural areas, who live their lives within the confines of the
house and the local marketplace. The previous lack of adult
education facilities means that all but the youngest females
in rural areas are illiterate. This general lack of education,
combined with communal and tribal customs which dictate a
subsidiary role for women, makes it difficult for most adult
women to participate fully in the modern sector. The
expansion of educational facilities for girls (including the
new university) will allow for some equalization of the
position of women in the future, but communal and tribal
customs will continue to mitigate against full participation
by women for the foreseeable future.
CONDITIONS OF LABOR
Oman's labor law, issued in 1983, is a comprehensive document
defining conditions of employment for both Omani and foreign
workers, who constitute approximately 50 percent of the work
force. The labor law reportedly is fairly enforced, and
workers' grievances, which are handled within the Ministry of
Labor and Social Affairs, are generally given the benefit of
the doubt in hearings conducted by labor inspectors.
Oman's labor law states that the Government can determine the
minimum wage and make adjustments according to economic
1269
OMAN
circumstances. In practice, the minimum wage in Oman has
covered only unskilled Omani workers and is currently set at
75 Omani riyals (approximately $195) per month. Unskilled
foreign workers are not covered by these provisions, but in
many cases the respective embassies set suggested minimum
wages. Every worker has the right to annual leave of 15 days
per year during the first 3 years of employment and 30 days
per year thereafter.
Employment of children under age 13 is prohibited. Omani law
regulates the employment of juveniles, defined as those
between the ages of 13 and 16, prohibiting evening and
nighttime work, strenuous occupations, and overtime and
holiday work. A special section deals with employment
conditions for women, prohibiting evening and nighttime work,
safeguarding health and morals, and setting out their rights
to maternity leave.
Omani labor law is very specific on matters of occupational
safety and access to medical treatment. Employees covered by
the labor law can recover compensation for industrial injury
or illness. The workweek is set at 48 hours (36 hours for
Muslims during Ramadan).
1270
PAKISTAN
Pakistan is governed by a civilian administration headed by-
Prime Minister Junejo and a cabinet of National Assembly
members and senators, chosen after nonparty elections in
February 1985. Parallel provincial assemblies were also
elected in 1985, and Pakistan ended 7 years of martial law and
a 20-year-old state of emergency on December 30, 1985.
President Zia ul-Haq, who came to power in a 1977 coup, won a
5-year term as President in a controversial referendum held in
December 1984. In addition to the powers of the Presidency,
Zia retains the position of Chief of Army Staff and wields
substantial residual powers under the Constitution.
Legislation passed in December 1985 authorized Junejo to
revive the Pakistan Muslim League (PML) under his own
leadership. Progovernment PML groups quickly formed in the
National Assembly and in provincial assemblies, giving the PML
comfortable majorities in all houses.
As it has in the past, the extraparliamentary opposition,
especially the coalition known as the Movement for the
Restoration of Democracy (MRD) , which boycotted the 1985
elections, continued to challenge the legality of the present
Government throughout 1987. MRD-sponsored rallies and meetings
were held in all the provinces, including protests on the 10th
anniversary of the 1977 coup. An all-parties conference
convened by opposition groups in August was held without
government interference.
Pakistani military forces are the world's seventh largest,
numbering some 482,000 men. The array is called upon on
occasion to restore order during civil disturbances.
Paramilitary forces operate in frontier areas. Police forces,
which are under provincial control, are often poorly trained,
undisciplined, and lack professionalism.
The public sector share in Pakistani industry has diminished
in recent years. In 1982 industry was divided evenly between
the public and private sectors. By 1986 the public sector
accounted for under 20 percent of total fixed capital
formation. Private entrepreneurship is now flourishing in the
small industrial sector. Pakistan continues to make impressive
economic gains, even though long-term growth may be hampered
by a poor educational system, widespread illiteracy, limited
resources, and a continuing bias among many officials against
an expanded private sector.
The war in Afghanistan, caused by the Soviet occupation of
that country, continues to have a major impact on Pakistan.
Pakistan provides refuge to some 3 million Afghans and is the
target of an intense Kabul regime-directed campaign of
disinformation, sabotage, and subversion. In 1986 and the
first 8 months of 1987, more than 450 people were killed in
over 700 separate bombing incidents. The most serious was in
Karachi in July. Soviet and Afghan regime forces frequently
shelled and bombed Pakistan border areas, killing almost 400
Pakistanis and refugees in the period January-August 1987.
Kidnapings and random violence continued to plague much of the
southern province of Sind. Government forces have at times
violated individual rights and used excessive force in efforts
to combat banditry and reestablish law and order. There were
repeated incidents of ethnic violence, especially in Karachi,
and ethnic and sectarian political groups expanded their
membership and influence.
1271
PAKISTAN
Democracy continued to advance in Pakistan in 1987. Political
institutions demonstrated continued growth and development
during the year. The National Assembly and Senate, each
including a government bloc and a parliamentary opposition
group, maintained a lively political dialogue.
Extraparliamentary parties were active, and political debate
--curtailed under martial law and during the previous civilian
government--was more open than at any time in the last 15
years. Political gatherings and rallies were held throughout
Pakistan, although on occasion meetings were banned in Sind.
In November local elections, both the progovernment and major
opposition parties supported lists of candidates in officially
nonpartisan contests. Voter turnout was high. Although there
were instances of irregularities and the Government used the
powers of incumbency to its advantage, the electoral outcome
has been widely accepted in Pakistan. American observers
concluded that the overall results appeared valid, and this
view has been shared by most of the Pakistani press.
Opposition leaders have protested instances of alleged
irregularities but have not challenged the overall validity of
the results. Opposition activities and commentary, including
criticism of President Zia and Prime Minister Junejo, are
widely reported in both the government and private press.
Members of religious minorities, particularly the Ahmadis,
continue to face discrimination and are the targets of police
and public harassment. Women have reserved positions in
political life, but both social and legal constraints inhibit
full equality with men. A major unresolved issue is the
review of martial law court decisions which have been critized
for lack of due process. Despite statements from the Prime
Minister that his party favored establishment of a review
mechanism and appointment of a parliamentary committee to
study the issue, no decision has yet been made. Police abuse
of prisoners remains a significant problem. In its 1987
Report, covering 1986, Amnesty International (AI) noted
reports of police torture of criminal suspects throughout the
country.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There was no evidence of government or government-instigated
political killings. However, the war in Afghanistan and
internal political feuding in Iran have brought another kind
of political killing to Pakistan. According to government
figures, during the period from January 1986 to July 1987,
more than 450 people died as a result of a wave of terrorist
bombings in all four provinces, which are believed to be the
work of Kabul regime and Soviet agents. Three people were
killed when houses in Karachi and Quetta used by members of
the Iranian Muj ahidin-I-Khalq organization were reduced to
rubble with rocket propelled grenades in a coordinated attack
by a pro-Khomeini group.
b. Disappearance
There were no reports of government-instigated disappearances.
Kidnapings by highwaymen, usually for ransom, and particularly
in rural Sind and in the semiautonomous tribal regions,
continued to be a problem.
Rn_77Q n _ RR - 41
1272
PAKISTAN
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Physical abuse of those charged with ordinary crimes is common.
There was no confirmed evidence that political detainees were
tortured in 1987, although there were credible reports that
some detainees were held in fetters. Police in Pakistan are
ill-trained, poorly paid, and rarely held accountable--f actors
which encourage both corruption and abuse of authority.
Police and jailers use "third degree" methods and frequently
employ the threat of abuse to extort money from prisoners and
their families. In October the Chief Minister of Sind
reported to the Provincial Assembly that there had been four
deaths of prisoners in the province as the result of
maltreatment or torture. In a fifth case, a detainee's feet
had to be amputated following torture by his jailers. Charges
have been filed in four of these five cases; in the fifth, the
official responsible has been suspended, and further
investigations are being conducted. While the Government has
become more responsive to highly publicized allegations of
mistreatment and has held police accountable in some cases, it
has not instituted systematic reforms.
In its 1987 Report, AI noted that the torture of criminal
suspects in police custody was reported throuqhout the
country, and that some political prisoners we: -. '■ I-gsdly
tortured, apparently to intimidate them. It cited the case of
Allah Dind who reportedly was arrested in August 1986 by police
after he had filed a petition to a local court complaining that
his brother had been unlawfully killed during a demonstration
held by the Pakistan People's Party. He stated he was kept in
police custody for 15 days, beaten on the soles of his feet
and his back, and hung upside down.
Three classes of prison facilities exist. Class "C" cells,
which generally hold common criminals, suspected terrorists,
and low-level political workers, usually have dirt floors, no
furnishings, and poor quality food. The use of handcuffs and
fetters is common in "C" cells. Prisoners in these cells
reportedly suffer the most abuse, such as beatings and being
forced to kneel for long periods. Political detainees and
foreign prisoners usually are held in class "B" cells, which
provide better treatment and better food. Only prominent
persons receive class "A" accommodations, which can include
air conditioning and private servants. Many of them have been
permitted to receive party workers while imprisoned. There
have been cases reported of some persons being committed to
mental institutions through inadequate judicial oversight.
These cases reflect inefficiency rather than a government
program to use psychiatric institutions as a form of
punishment. Pakistani human rights activists and opposition
politicians acknowledge that treatment of political detainees
and those convicted by martial law courts generally has
improved since the lifting of martial law.
The Government's 1979 Hadood Ordinances prescribe traditional
Islamic punishments for theft, adultery, and consumption of
alcohol and drugs. Penalties include flogging, stoning, and
amputation, but before a court may order stoning or amputation,
strict rules of evidence must be satisfied. Stoning or
amputation sentences by lower courts have not been upheld on
review. In November a couple found guilty of adultery was
sentenced to death by a sessions court in Karachi. The
decision will be appealed. To date, no punishments involving
stoning or amputation have been carried out under the Hadood
1273
PAKISTAN
Ordinances. Floggings were reported during 1987 for alcohol
consumption, narcotics offenses, and adultery.
Pakistani law does not apply in the tribal areas adjoining the
Northwest Frontier Province (NWFP) where the law is a
combination of Shari'a Islamic injunctions and tribal customs.
In August the press widely reported the stoning of an accused
murderer, who had been sentenced to death by a Mohmand Agency
local council under tribal law.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Pakistan law permits detention under court order for 30 days
of persons suspected of threatening public order and safety.
Pakistani governments have frequently resorted to this
provision to forestall perceived threats by taking opposition
political leaders out of circulation. Such court orders are
renewable for 30 days at a time, up to a total of 90 days, if
the Government can demonstrate to the court that the detainee
does in fact threaten public safety. According to the law,
detainees must be informed expeditiously in the courts of the
reason for their detention. Detention orders are often drawn
up hastily and incorrectly, however, and frequently cannot
stand up to judicial scrutiny. Most detainees are released
fairly soon, but only after the situation which prompted the
preventive detention has passed. Particularly in the Sind,
there have been cases of political activists, who have been
released from preventive detention, being charged with
additional, nonrelated crimes which have resulted in their
return to prison.
Large numbers of arrests, primarily in Sind, including those
of prominent political leaders, were also made in 1987 for
violations of administrative orders forbidding public meetings
under Section 144 of the Pakistan penal code. Section 144 can
be invoked by local administrators on their own authority.
The Sind Government used the provisions of Section 144
liberally to suppress ethnic rioting and to combat banditry as
well as to discourage political dissent. As of September 3,
when official reports of arrests in connection with the most
recent ethnic riots were stopped, 236 people had been arrested
under provisions of the Maintenance of Public Order Act in
connection with ethnic rioting. Most were released within
several months.
Relatives of known bandits have been jailed occasionally to
force the bandits to surrender kidnap victims or give
themselves up to the police. This counter-hostage tactic is
an outgrowth of traditional tribal practice, which still
strongly pervades much of Sind province.
Former detainees claim that prisoners under preventive
detention frequently have been held incommunicado.
There is no reliable evidence that the Government uses forced
labor, which is prohibited by law.
e. Denial of Fair Public Trial
Martial law courts were abolished with the lifting of martial
law in 1985. Since martial law was lifted, no clear-cut cases
of direct official pressure on the judiciary have been
reported. However, there is evidence of indirect pressure
through the executive's power to transfer judges. In addition,
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judges can be removed for malfeasance. The pace of justice is
slow due to the limited number of judicial benches, the heavy
backlog of cases, and outdated court procedures.
The civil judicial system, modeled after the British system,
provides for an open trial, cross-examination, representation
by an attorney--with court appointment of an attorney for
indigents in capital cases--and appeal of sentences. Judges
at the trial level are drawn from the judicial services. High
court judges are appointed from among those who have been
district judges or advocates before the high court. There
have been attempts to improve the procedures and the
availability of high court benches in the provinces.
The special Shari'a (Islamic) courts operate similarly to
ordinary civilian courts. They try offenses relating to the
enforcement of the Hadood Ordinances. Cases referred to the
Shari'a courts are heard jointly by Islamic scholars and
judges from the civilian court system who usually employ
ordinary criminal procedures. Both judges and attorneys must
be Muslim and be familiar with Islamic law. Defendants in the
Shari'a courts are entitled to bail and lawyers of their
choice.
Prior to the lifting of martial law in 1985, the martial law
courts hastily tried large numbers of cases in an effort to
clear the dockets, creating doubts about strict adherence even
to martial law standards of judicial procedure and conduct.
Also before martial law was lifted, the Parliament passed the
Eighth Amendment to the Constitution which withdrew from the
civilian judiciary the right to review the actions of martial
law authorities and courts. Under the Eighth Amendment, only
those sentenced to death by martial law courts may petition to
have their cases reviewed by the President; all others must
appeal to a provincial governor. Only one appeal, in a case
involving smuggling, has been granted.
The Prime Minister has stated his party's support for some
form of review of martial law cases, and he appointed the
parliamentary committee which studied the issue of civilian
review of the martial law court decisions. In October, during
debate of the issue in the National Assembly, the Prime
Minister indicated that the parliamentary committee's report
was under review and that a decision would be announced
shortly. Attorneys for persons sentenced by martial law
courts have challenged the Eighth Amendment, arguing that it
conflicts with other constitutional provisions on fundamental
rights. On November 18, the Lahore high court agreed to
review seven cases of persons tried in martial law courts.
The court held that cases in which there was malicious intent
within the law, violation of a constitutional provision, lack
of proper jurisdiction, or an improperly constituted review
should be subject to its review. The Government has appealed,
arguing that a full bench of the Lahore high court was
unconstitutional and that it misinterpreted constitutional
provisions ratifying martial law verdicts.
Effective July 23, in response to a wave of terrorist
bombings, the President promulgated an ordinance establishing
special courts to provide speedy trials in cases involving
"offenses sensational in character or shocking to public
morality, creating panic or an atmosphere of fear and anxiety
among the public." The measure was subseguently amended and
approved by the National Assembly and Senate. Cases involving
bomb blasts, sabotage, highway robberies, banditry, or
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PAKISTAN
kidnaping can be expedited, and the Government may transfer
cases from any court to a special court. Police investigations
must be completed in 14 days and hearings can be conducted on
a day-by-day basis. All requirements of the rules of evidence
must be observed, including the right to counsel, and judges
must meet the same standards as those appointed to a high
court. Decisions may be appealed to the Supreme Court.
Appeals of the 1986 death sentences against four Ahmadi
defendants, who were convicted in 1985 by martial law courts
in two separate murder cases, are still pending. In the
first, which took place in October 1984 in Sahiwal, Punjab
province, the defense has argued that one defendant acted in
self-defense against a mob and that the other was not present
at the scene of the crime. The Lahore High Court is reviewing
the sentences. Although no formal stay of execution has been
issued while the appeal is being heard, the defense attorneys
have received informal assurances that the defendants will not
be executed before a decision is rendered.
In the second case, concerning a mosque bombing in Sukkur,
Sind province, in May 1985, the defense has claimed that there
is no conclusive connection between the defendants and the
deaths of the bombing victims. This case is now before the
Supreme Court of Pakistan, which has agreed to review it on
narrow technical grounds.
The Government maintains that no political prisoners are being
held in the country, i.e., no prisoners are being held who have
not been charged with antistate offenses involving violence,
damage to public property, or terrorism. The nonpartisan
Political Prisoners Relief and Release Committee, however, in
conjunction with the Human Rights Commission of Karachi and
the Punjab-based National Council for Civil Liberties, claimed
in an April 25 press conference that 269 political prisoners
were being detained in Pakistani jails. These include 139 in
Sind, 76 in Punjab, 29 in Baluchistan, and 25 in the NWFP.
They include those convicted by military courts prior to the
lifting of martial law as well as those convicted in
connection with the Al-Zulfikar terrorist organization and
former army officers charged with attempts to overthrow the
martial law Government. They do not include those who were
held under Maintenance of Public Order or Section 144 in
connection with ethnic/sectarian violence or political rallies.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Decisions about occupation, education, place of residence, and
family size are made without official interference. Although
police are required by law to obtain a warrant before entering
a private home, authorities frequently ignore such legal
requirements. During bandit sweeps and riots, police often
chase suspects into homes without concern about the presence
of a magistrate as required by law. There have been repeated
incidents involving the use of excessive force during
antibandit campaigns in Sind. Some of these abuses have been
committed by irregular forces which are used by the Government,
but remain loyal to local political powers rather than to
official authorities. There are frequent charges that women
have been harassed and belongings stolen by individual
officers. There has been little attempt by the Government to
respond to or investigate these charges, and police reform,
1276
PAKISTAN
although much discussed during the past year, has not been
advanced significantly. Extortion and robbery by policemen
are believed to be common.
Pakistan historically has maintained a domestic intelligence
service to monitor political activists, suspected terrorists,
and foreign intelligence agents. Informed sources maintain
that wiretapping is used against opposition politicians and
that their mail is occasionally intercepted and opened. On
some occasions, Pakistani citizens, including government
officials, are questioned about their meetings with foreign
diplomats .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government owns and operates the radio and television
station and strictly controls the news they carry. A
Government-owned press trust controls four of the larger
newspapers and one of the two national wire services. All are
circumspect in their coverage of the news, but now cover the
opposition. The other newspapers are privately owned, and
their circulation far exceeds that of the government-owned
papers .
Continuing a trend begun in 1985, there is relatively free
discussion of government policies and criticism of the
Government, especially in the privately owned newspapers.
Increasingly, the press is critical of the Government's
control of radio and television coverage. In addition to more
or less unfettered reporting of statements made by legislators,
the private press covers remarks critical of the Government
made by opposition politicians. The greater degree of freedom
enjoyed by the press was well illustrated during the debate on
the budget of 1987-88. Similarly, the opposition's attacks on
President Zia and Prime Minister Junejo are reported and, in
many cases, supported by the editorial writers and
commentators. However, the Government continues to ban the
Pakistan People's Party (PPP) newspaper Musawat.
The Government can use its large advertising budget as a means
to control the press. It claims that its advertising policy
is determined by the circulation figures of a newspaper; by
whether the paper is local, regional, or national; and by its
reputation among readers. However, there was at least one
instance in 1987 of indirect pressure exerted to punish a major
daily. The Muslim, by cutting off advertising as a result of
the editor's attempt to publicize views on Pakistan's nuclear
status which conflicted with the official position. The
country's biggest dailies are financially independent enough
and obtain enough private advertising to be relatively immune
to government pressure.
A restrictive "press and publication ordinance," originally
promulgated in 1963, remains on the books, although the Junejo
Government is committed to its repeal, and it was not applied
in 1987. Under the ordinance, official permission for
establishing and operating a printing business may be denied
or withdrawn if the authorities conclude that the publisher is
likely to prejudice the glory of Islam, national integrity or
security, public order, decency, or morality. The ordinance
is so broad that the Government could theoretically stop
publication of almost anything it deemed objectionable.
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PAKISTAN
Academic freedom is not explicitly denied, but the authorities
have immense powers, in view of the preponderance of state-run
institutions of learning, to circumscribe the actions of those
regarded as troublesome. A serious threat to academic freedom
is the atmosphere of violence and intolerance among the student
body. At most large universities, well-armed groups of
students of varying political persuasions clash frequently and
are successful in intimidating other students and instructors
on matters of language, syllabus, doctrine, and dress. Even
though student unions are officially banned, "student
organizations," which strongly resemble unions, are not.
Educational institutions have been frequently closed because
of student violence, but university authorities have recently
begun taking measures to restore order and reestablish their
authority.
Literary and creative works remain generally free of
censorship, but authors and publishers tend to avoid
controversial and political themes. Obscene literature, a
category which has been broadly interpreted by government
authorities, is subject to seizure, and authorities on this
ground frequently ban or confiscate indigenous books and
magazines dealing with sensitive political topics, e.g.,
provincial separatism and sectarian extremism. Foreign
publications critical of the Government occasionally are
seized, and some have been banned. No effort was made by the
Government in 1987 to restrict foreign journalists' access.
The National Assembly approved legislation providing for the
arrest of non-Muslims who translate, interpret, or comment on
the Koran. Ahmadis fear that they will be the targets of this
legislation. The Punjab Home Department objected to the
February and April issues of the monthly Urdu Ahm.adiya
magazine, although the magazines remained in circulation.
b. Freedom of Peaceful Assembly and Association
In most cases, government authorities respected the right of
peaceful assembly in 1987. Political leaders of all
persuasions were usually able to travel freely and address
large rallies, often emphasizing antigovernment themes.
However, there were exceptions to this policy in connection
with the holding of meetings which the Governm.ent believed
might result in violence or serve as an incitement to
secession. In addition, there were cases in which Section 144
was invoked to ban public meetings, primarily to forestall
public demonstrations critical of the provincial governments,
particularly in the Sind. Opposition political parties charge
that the Government has broadly interpreted the law to inhibit
political activity by its opponents.
Unions covering the entire political spectrum are permitted to
exist. Under laws going back to the premartial law period of
the early 1970's, workers in individual factories remain
legally free to form labor unions, negotiate wage and working
conditions in most areas of the economy, and elect collective
bargaining agents--although the law precludes industry-wide
bargaining. Most unions are small, and labor organizers
assert that Pakistan labor law encourages the fragmentation of
organized labor. Only about 7 percent of the labor force is
unionized; most Pakistanis work in agriculture or in small,
nonunion shops. Recent statistics, although not totally
reliable, indicate that union membership shrank at the end of
the Bhutto period in 1977, but has remained stable since 1980.
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PAKISTAN
Under Pakistani labor law, nonunion workers can be signed to
short-term contracts in plants where the work force is
unionized. Many labor law welfare provisions covering social
security, retirement, other benefits, and particularly job
security, do not apply to such employees. Pakistani unions
complain that the widespread use of contract employees
circumvents freedom of association by allowing employers to
fire unionized labor in favor of easily intimidated
nonunionized "contract employees." Pakistani employers argue
that contract hiring is necessary, since the rigidity of
Pakistan's laws does not allow them sufficient flexibility in
hiring and firing to respond to economic (including seasonal
market) fluctuations. The issue has been referred to the
International Labor Organization (ILO). The Government has
not responded to repeated ILO requests for information. The
governing Muslim League has declared its intention to amend
labor laws to end or restrain the practice of contract hiring,
but no legislation has yet been introduced.
The right to strike was restored with the end of martial law.
In 1987 there were occasional strikes, and little evidence of
government interference with them. By law, a strike cannot be
called until attempts to resolve a labor dispute through
arbitration and the labor courts have failed. An "intent to
strike" notice must then be filed with the Labor Ministry.
This is followed by a mandatory cooling-off period of several
months. Labor leaders claim these requirements infringe upon
the right to strike, but there is little indication that
unions initiating strikes without following this procedure
have been treated harshly. Government employees and laborers
in designated essential services (utilities, hospitals,
f iref ighting , sanitation, and the police) are forbidden to
organize and to strike. In 1983 the Essential Services Act
was extended to cover Pakistan International Airways (PIA),
the nationalized airline, which has had a history of militant
and highly politicized antigovernment unionism.
No mediation or arbitration procedure exists to cover workers
excluded from unionization under the Essential Services Act.
The Government proposed to remedy this by amending it to
empower the head of the National Industrial Relations Board to
arbitrate disputes. In 1987 provincial government clerks, who
are covered by the Act, again engaged in a wildcat strike
which resulted in government recognition of some of the
strikers' demands. Some unions in Pakistan historically have
had strong links to political parties; the independence
movement spawned parallel labor structures which successive
political parties have sought to adopt or maintain. The PPP
has a labor bureau and has expressed its intent to form a
"Peoples Labor Federation." The Nationalist Labor Federation
is associated with the rightist/fundamentalist Islamic
Jamaat-e-Islami , and there are indications that the ruling
Pakistan Muslim League also may be forming a labor federation.
Pakistan's moderate labor federations are permitted to
associate with the ILO, the International Confederation of
Free Trade Unions, and counterparts in other countries. In
the past, extreme left-wing unions generally had their
contacts with outside bodies curtailed. However, recently
they have been permitted to associate with the World
Federation of Trade Unions (WFTU) , and restrictions on foreign
travel for their members have been lifted.
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PAKISTAN
c. Freedom of Religion
Pakistan is an Islamic republic. Its 1973 Constitution
requires all law to be consistent with "Islamic ideology."
Under the Constitution, the President and Prime Minister must
be Muslims. However, designated minority religious groups--
Ahmadis, Christians, and Parsis (Zoroastrians) — have held high
office and are represented in the economic, political, and
social life of the country. They do not vote in Muslim
constituencies, but rather must seek office and cast their
ballots in at-large constituencies reserved for them in the
national and provincial assemblies. (Ahmadis, disputing their
minority status and asserting the right to be recognized as
Muslims, have refused to exercise these options.) Each
community is governed by its own codes in family and property
matters, and members of minority groups may join any political
party.
Generally, minorities can practice their own religion openly,
maintain links with their coreligionists in other countries,
and travel for religious purposes. Foreign clergy may enter
the country to serve congregations. Conversions are permitted,
but the Government prohibits proselytizing among Muslims and
has refused to renew the residence permits of some foreign
missionaries who have ignored this ban. Following reports of
anti-Muslim violence in India, there were scattered acts of
violence against Hindus and Christians, but these were
immediately condemned by the responsible provincial government.
Conservative government estimates list more than 130 killed in
sectarian clashes in July between Sunnis and Shi ' as in the
Kurram Tribal Agency. As a result of careful planning by the
Government and a sincere effort by both Shi 'a and Sunni
religious leaders, Muharram in 1987 was not marked by the
violence of the previous year in which more than 10 people
died in Punjab alone. However, for the first time in several
years, fighting between two Sunni sects during Muharram led to
two deaths in the Jhang district of Punjab.
The Ahmadi sect, which considers itself Muslim despite
theological divergences from traditional Islam, has
historically been the object of popular prejudice and
discrimination. Anti-Ahmadi riots in 1953, in fact, helped
spark the imposition of Pakistan's first period of martial
law. In 1974 Prime Minister Zulfikar Ali Bhutto, with the
support of all parties, sponsored a constitutional amendment
declaring the Ahmadis a non-Muslim minority. In April 1984,
the Government issued a follow-up ordinance which bans the
Ahmadis from using Muslim terminology or proselytizing;
violators are subject to prosecution. In 1986 Parliament
passed legislation, apparently aimed at Ahmadis, making
blaspheming the Prophet Muhammad a capital offense. Thus far,
no Ahmadis have been brought to trial under this provision.
Ahmadis assert that they are indeed Muslims, and many members
of the sect were detained in 1987 for wearing badges bearing
the Islamic profession of faith. Most were released, but
several were tried, convicted, and received prison sentences.
Police removed the profession of faith from Ahmadi places of
worship, which cannot be called mosques under the law. During
1987 mobs attacked the Ahmadi mosque in Khushab and raided
Ahmadi shops in Rabwah and Bahawalnagar . In Peshawar the
police intervened to prevent mob action against a place of
worship. Ahmadis in Lahore have been able to practice their
faith at 11 mosques with little interference. However, the
Ahmadis were prohibited from holding their annual meeting in
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PAKISTAN
December 1986 in Rabwah, and there are credible reports of
discrimination against Ahmadis in the military and civil
service. (The case of four Ahmadis under sentence of death is
discussed in Section I.e.)
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Pakistanis generally have freedom of movement within the
country, but the Government occasionally bans individual
political leaders from traveling to certain provinces for a
specified time through use of an "externment" notice,
preventing entry. Such orders were used to prevent Awami
National Party leader Wali Khan and his wife from going to
Karachi shortly after Moha j ir/Pathan riots early this year and
again to prevent him from visiting Baluchistan after a series
of Baluch nationalist riots in the Makran area. He was
permitted, however, to enter Karachi briefly to attend a
wedding in December 1987. Similar orders are also commonly
used against religious leaders who it is believed will
exacerbate sectarian tensions.
Pakistanis are generally free to travel abroad. However,
travel to Israel is prohibited, travel to the Soviet Union,
India, South Africa, Taiwan, and Eastern Europe is restricted,
and the passports of opposition party leaders occasionally
limit travel to one or a few countries.
Pakistanis must obtain a "no-objection" certif icate--usually a
check covering payment of taxes or other obligations--prior to
departing the country. These are issued routinely, but
occasionally opposition politicians have complained of undue
delays. The exit control list, which the Government used
during 1986 to control foreign travel, was invoked sparingly
in 1987. Many prominent opposition politicians traveled
abroad in 1987, including Benazir Bhutto, Wali Khan, and Jaye
Sind leader G.M. Syed. The PPP leader Salman Taseer
successfully challenged a ban on his travel. The courts
upheld orders banning the travel to India of Urdu poet Habib
Jalib, and in September the Government refused to permit Dr.
Hamida Khuro, a Jaye Sind activist, to leave Pakistan. The
right of citizens to return to Pakistan is recognized.
Nearly 3 million Afghans have fled to Pakistan as a result of
the Soviet invasion of Afghanistan. The Government administers
and supports over 300 Afghan refugee camps, incurring
significant current and longer-term costs above the sizable
amounts of relief supplies provided by various donors. The
movement and employment of Afghans in Pakistan generally is
not restricted, and many Afghans reside outside the refugee
camps. Responding to public resentment and fears, the
Government made extra efforts in 1987 to encourage refugees in
urban areas to return to the camps. These measures were
generally taken after consultation with representatives of the
United Nations High Commissioner for Refugees.
Following the July fighting between Iranian groups in Karachi
and Quetta, the Government has given closer scrutiny to its
growing population of illegal immigrants from countries such
as Bangladesh, Iran, and Sri Lanka. It has publicly vowed to
shut off illegal immigration and return illegal immigrants to
their places of origin.
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PAKISTAN
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
A martial law regime led by General Zia ul-Haq governed
Pakistan from July 1977 to December 30, 1985. Zia interpreted
the results of a referendum held in December 1984 as an
endorsement of his rule and in March 1985 was sworn in for a
5-year term as President. In February 1985, the Government
held nonparty elections for a national and four provincial
assemblies. Protesting the prohibition on party participation,
most of the opposition parties called for a boycott of the
polls. Individuals ran for election on a nonparty basis,
however, and a majority of the voters ignored the boycott
call. Although opposition political parties continue to
question the legitimacy of the Government formed as a result
of these elections, several opposition parties, including the
Pakistan People's Party, actively supported slates of
candidates in nonparty local elections in November. The
elections were marked by a high turnout of voters.
In March 1985, Mohammad Khan Junejo was nominated as Prime
Minister by President Zia and confirmed by a vote of
confidence in the National Assembly. He heads a Westminster-
style government composed of a cabinet drawn from the elected
members of Parliament. With the end of martial law,
restrictions on the formation of parties were lifted. A
majority of members in the National Assembly joined together
to create the Pakistan Muslim League, based on the already
established Muslim League. They elected Prime Minister Junejo
as party chairman. Several religious parties have small
representations in Parliament. The remaining members are
independents. Pakistan is a member of the International
Parliamentary Union.
The four provincial governments are headed by chief ministers,
also now members of the Pakistan Muslim League, which has
majorities in each of the elected assemblies. Provincial
cabinets are composed of provincial legislators.
Members of the legislative assemblies have immunity for
actions and speech in those chambers but no general immunity.
Several sitting members of the Sind Provincial Assembly were
arrested briefly for assisting women demonstrators in
violation of a Section 144 ban.
The mayor of Karachi and several municipal councillors were
arrested in February and the Karachi Municipal Council
dissolved for leading a public protest against what they said
was unfair encroachment by the provincial government on the
local government's power to tax. Under sweeping powers
granted by the Sind Local Government Ordinance of 1979, the
provincial government replaced the council, which represented
more than 7 million people, with an appointed administrator
and council, giving the ruling Pakistan Muslim League greater
representation than it held in the dissolved elected body.
Under the Political Parties Act, as amended by Parliament in
1986, members of the national and provincial assemblies who
have designated a party affiliation cannot switch to another
party without resigning their seat. This provision, although
criticized as unconstitutional, was upheld by the courts.
Political parties may operate without registering with the
Government, but they must register with the Election
Commission in order to participate in elections. This
I
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PAKISTAN
includes making financial records available for scrutiny and
holding internal party elections. Although they have
submitted their accounts, the PPP and a number of the other
extraparliamentary opposition parties have declined to
register, asserting that those provisions dealing with
organizational structure, personnel, and finances could be
manipulated to suppress or impair their parties. The PPP has,
however, complied with those portions of the party registration
law which were operative before the martial law period.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Domestic human rights organizations, including those
affiliated with opposition parties, operate free of official
harassment, and their reports receive extensive coverage in
the privately owned press. Pakistan has allowed visits by
persons affiliated with Amnesty International, the Lawyers
Committee for Human Rights, Freedom House, the International
Commission of Jurists, and other international human rights
organizations. Appropriate government officials, including
the President, Prime Minister, and chief ministers, have met
with the delegations, whose meetings and reports have been
reported widely in the press. The Government has not,
however, responded to criticisms in the reports the
organizations have issued.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Twenty seats in the National Assembly are reserved for women,
and two women were elected to nonreserved seats in 1985 in
their own right. Seats in the provincial assemblies and local
bodies are likewise reserved for women. Islamic
traditionalists, however, still exert a powerful influence on
Pakistani social norms. It is accepted practice to assign
women a subordinate role in terms of civil, political, and
individual rights. Many Pakistanis interpret the Koran's
injunctions on modesty to mean that women should remain either
at home or behind the veil.
These attitudes have contributed to an officially reported
adult female literacy rate of only 16 percent, compared to 36
percent for males (1985 estimates, which are generally regarded
as high by informed observers). The primary school enrollment
ratio was only 33 percent for girls as compared to 64 percent
for boys. The ratio of men to women in secondary educational
institutions, according to 1983 Pakistan statistics, was
better than five to one. Eight times as many men as women
work outside the home for a wage.
Urban women are represented in the universities, but
postgraduate employment opportunities remain largely limited
to teaching, medical services, and the law, with a small
number of women entering the commercial and public sector.
The Government's policy of Islamization has reversed some of
the social and legal gains made by women in past years. The
establishment of a women's university has been hotly debated,
and no decision has been made. Fundamentalists would require
all women students to attend this institution; others argue
that it would permit the women to study without harassment
from male students, but they would not ban women from the
other schools. Women may not participate in international
athletic competition, and, as part of a drive to promote
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PAKISTAN
wearing traditional attire by both men and women, the
Government determines appropriate dress for women employees
appearing in public on television, in the print media, and as
airline stewardesses. Women members of the National Assembly
have held up passage of a Shari'a bill, arguing that, if
adopted and implemented strictly, it could roll back present
economic, political, and social rights for women.
While several members of minorities are prominent in the
National Assembly or in public life, reports of discrimination
against minority groups in the areas of employment and
education appear well founded. The perception of
discrimination on ethnic and linguistic grounds is fundamental
to the repeated ethnic upheavals witnessed in Karachi during
1987. Sindhis and Mohajirs (refugees from India and their
descendants) resent domination of the bureaucracy, the police,
and armed forces by the majority Punjabis. In Baluchistan,
the rapid growth of the Pathan population, reinforced by the
influx of Afghan refugees, has led to armed clashes, based on
the fear that Pathans will soon become the majority in the
Baluch home province. Officially designated as "non-Muslims,"
Ahmadis are subject to discrimination and occasional
harassment and have limited chances for advancement in the
public sector. The Sind Department of Education distributed
circulars requesting the names of Ahmadi teachers, some of
whom were later transferred to undesirable assignments.
Ahmadi youth complain of increasing difficulty in gaining
admittance to good colleges. This problem is not unique to
Ahmadis, but they appear to suffer greater discrimination--see
also Section 2.c.
An element in all cases of discrimination is the fact that
socially prominent Pakistanis suffer less at the hands of
officialdom than those less well-off, partly because of their
ability to return favors or offer inducements to appropriate
civil servants, and partly because of the general deference
still accorded social "betters" in Pakistan society. Although
the original caste distinctions common to South Asian societies
have no legally binding force, clan affiliations and ethnic
identities, which in some ways parallel the old caste system,
still help or hinder those seeking education, employment,
justice, and public office.
CONDITIONS OF LABOR
Pakistan law sets minimum wages for skilled and unskilled
labor. Comprehensive health and safety legislation provides
for inspection of the workplace to ensure compliance with
health, safety, and workmen's compensation regulations. The
law requires that no adult shall work more than 9 hours per
day without payment of overtime, and that no worker shall work
more than 10 hours overtime per week. (The normal workweek in
Pakistan is 6 days). The enforcement of all of this
legislation is poor.
Child labor is widespread in Pakistan, despite laws stating
that the employment of children under the age of 15 is illegal,
and that those between 15 and 17 may not work more than 5 hours
per day. The Government has had institutions in place to
administer these labor regulations since independence.
Nevertheless, lack of resources, -indifference, corruption, and
illiteracy hamper the application of labor legislation.
Noncompliance is widespread, and punishments for infractions
are rarely meted out.
1284
PAKISTAN
Agricultural workers do not have the right to organize and are
largely uncovered by labor legislation. Workers in small
industries (less than 50 employees) are also frequently not
extended the full coverage of labor laws.
1285
QATAR
Qatar, a small, wealthy Arab Gulf state ruled by an Amir from
the Al Thani family, is governed by a 1970 Basic Law which
institutionalizes the customs and social mores of Qatar's
conservative Wahhabi Muslim heritage. These include respect
for the sanctity of private property, freedom from arbitrary
arrest and imprisonment, and protection against transgressions
of Islamic law (the Shari'a). Thus, although the Amir holds
nearly absolute power, he must exercise authority with care.
While he may, for example, suspend any secular law or
countermand any civil court decision, he is unlikely to do so,
especially without consulting his Council of Ministers and the
Advisory Council of Notables that assist him in making policy
decisions. The Amir is also unlikely to reach any major
decision without achieving a consensus within his family.
After expanding rapidly in the 1970's and early 1980's,
Qatar's economy grew more slowly in 1987. The economy is
mixed, with the state owning and operating most basic
industries and services while retail trade and the
construction industry remain in private hands. Its fast
developing industrial infrastructure has led to the creation
of a ratio of expatriates to nationals of almost 4 to 1.
Limiting the influence and controlling the activities of
expatriates are for most Qataris a major national goal.
Qatari resentment against expatriates makes them more likely
than nationals to be the victims of arbitrary police action.
It is also difficult for an alien to take legal action against
a citizen. The economic downturn of 1983-87 has given added
impetus to the Government's policy of reducing the number of
expatriates. This policy, however, is administered with a
degree of compassion. Palestinians, for example, have not
been forced to leave unless they can make arrangements to
settle elsewhere, a possibility which is facilitated by
substantial severance payments. However, because of the
current economic, social, and political conditions in Qatar,
the Palestinian community is not as successful as it was in
the past. The number of expatriates from South Asia continues
to drop, while expatriates from other regions, some of whom
are unemployed, are allowed to remain.
The human rights situation in Qatar continues to change very
slowly. There are many factors against change--not the least
being the absence of any credible internal threat to the
regime. So long as the Government feels secure, major
innovation is likely to occur only as the result of a
consensus within the ruling and other leading families.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known instances of political killings.
b. Disappearance
There were no reports of disappearances.
1286
QATAR
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although non-European expatriates routinely complain of
mistreatment after their arrest by Qatari authorities, the
practice does not seem to have official sanction. Torture is
not condoned by the authorities and, although the Government
does administer most of the corporal punishments prescribed by
the Shari'a, it no longer allows physical mutilation.
Executions rarely occur. Prison conditions are uncomfortable
but adequate. Family members and friends may bring food to
supplement the monotonous prison fare as well as small
luxuries and mail. There have been private allegations of
unsanitary conditions in the women's prison.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
As a general rule, the authorities must charge suspects before
a competent court within 48 hours. In most cases involving
expatriates, the police have promptly notified the appropriate
consular representative. Suspects detained in security cases
are generally not afforded their rights. Involuntary exile
remains a rare practice. The last known major exile took
place over 10 years ago; it involved the previous deposed
Amir, his family, and close supporters. Expatriate offenders
are normally deported upon completion of their sentences.
There is no forced labor.
e. Denial of Fair Public Trial
Except for security cases, most disputes are judged before
either a civil or a Shari'a court. Most commercial litigation
involving expatriates takes place before the civil courts.
The Shari'a courts administer criminal and family law and may,
if one party requests, take jurisdiction in business cases.
Although the judiciary is nominally independent, most judges
are expatriates holding residence permits granted by the civil
authorities and thus hold their positions at the Government's
pleasure .
Many expatriates find proceedings in the Shari'a courts
bewildering. Only the disputing parties, their relatives and
associates, and witnesses are allowed in the courtroom.
Lawyers may not play any formal role, save that of preparing
litigants for their cases. Although non-Arabic speakers are
provided with translators, foreigners report being at a
considerable disadvantage, especially in cases involving the
nonperformance of contracts. Shari'a trials are normally
brief. After both parties have stated their cases and
examined witnesses, the judge is likely to deliver a verdict
with only a short delay. Criminal cases are normally tried 2
to 3 months after suspects are detained.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Traditional attitudes regarding the sanctity of the home
provide a great deal of protection against arbitrary
intrusions for most citizens. The police must normally obtain
a warrant before searching a residence or business but not in
security cases or emergencies. There were reports in past
years that police conducted many searches of expatriate homes
without warrants, but these were not repeated in 1987. Police
routinely monitor the communications of criminal and security
1287
QATAR
suspects. Mail thought to contain either pornography or drugs
is also opened as a matter of course.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although both expatriates and Qataris are free to express
themselves privately, public criticism of the ruling family
and its policies is not tolerated. The Government strongly
discourages attacks on other Arab governments as well. This
policy applies to the electronic media, which are government
owned and controlled, and to the press. The journalistic
community, particularly the expatriates, generally avoids
challenging these restrictions because of the risk of having
residence permits cancelled.
The authorities routinely screen all video cassettes, audio
tapes, books, and periodicals for objectionable political
sentiments and pornography. In 1987 the Government
confiscated a shipment of textbooks at Doha airport intended
for students at the Iranian school because they contained
pages insulting to other Arab governments.
b. Freedom of Peaceful Assembly and Association
The Government allows private social, sports, trade,
professional, and artistic societies to operate. The
activities of these organizations, which must register with
the Government, are closely watched.
Government policy does not allow political parties or
demonstrations .
In practice, the Government does not allow labor unions or
collective bargaining by employees.
c. Freedom of Religion
Qatar's state religion is Islam, the Koran is its basic
constitution, and the Shari'a its legal code. All other
faiths are prohibited public worship; nor may they
proselytize. Apostasy from Islam remains a capital crime,
although no one has been executed for it in recent memory.
The Government tolerates the private practice of non-Muslim
religions; non-Muslim parents may raise their children in
their own faiths, and private gatherings of non-Muslims may
worship in private homes.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on internal travel. Male Qataris
travel abroad at will. Females, both Qatari and foreign,
usually require the permission of a male guardian or relative
to leave the country. All Qatari citizens have the right to
return. Foreigners are subject to immigration restrictions
designed to control the local labor pool. They require a
local sponsor to enter Qatar and the sponsor's permission to
depart. The Government has no formal policy on refugees.
Those attempting to enter illegally, including defectors from
nearby countries, are denied entry. Often refugees who can
get local sponsorship or employment may enter. If they lose
their jobs, however, they are expected to leave. The
Government continues to tighten its policy of discouraging
1288
QATAR
Qatari males from marrying foreign-born (primarily Western)
^^Jomen by refusing to issue residency permits to those wives.
In several instances, a foreign-born wife lives in another
country, where she is visited by her Qatari husband because
she is denied entry into Qatar.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Qatar has no formal democratic institutions. Consequently,
most of its citizens do not have a say in the choice of
leaders or in changing the political system. Qatar's
political institutions blend the characteristics of a
traditional Bedouin tribal state and of a modern bureaucracy.
There are no political parties, elections, or organized
opposition to the Government. The Amir exercises all
executive and legislative powers. His autocratic rule,
however, is checked to some extent by entrenched local
customs. Interlocking family networks and the recognized
right of citizens to submit appeals or petitions personally to
the Amir provide effective, if informal, avenues for redress
of grievances and also serve to limit abuses. The custom of
rule by consensus leads to extensive consultations between the
Amir, leading merchants, religious leaders, and other notables
on important policies. Women for the most part play no role
in public life.
Under Qatar's Basic Law of 1970, the Amir must be chosen from
and by the adult males of the Al Thani family. The current
Amir, Khalifa bin Hamad, has designated his son Hamad as heir
apparent. This took place with the consent of the notables
and religious leaders according to established custom. There
are no serious challenges to this arrangement, and in the
foreseeable future effective political power will remain in
the hands of the Amir, his family, and the local notables.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
No major international or nongovernmental organization
monitoring human rights abuses has asked to investigate
conditions in Qatar.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Women and their activities are still bound by a number of
social customs and quasi-legal restrictions, such as veiling
and prohibitions against the issuance of driver's licenses.
While women remain largely relegated to the roles of mother
and homemaker, some are now finding jobs in education,
medicine, and the news media. However, they do not as a rule
receive the overseas university scholarships available for
males. While their employment is tolerated in such fields as
nursing, teaching, and home economics, expansion beyond these
areas is discouraged. Public life is a male sphere.
Expatriate women find it easier to get jobs or to own and
manage a business than their Qatari counterparts. There are
signs that, as more Qatari women receive education, they will
press for a relaxation of some of the restrictions from their
country's tribal past.
CONDITIONS OF LABOR
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QATAR
The minimum working age is 18 years, but expatriate children
frequently work at younger ages in small businesses and
shops. Some regulations concerning worker safety and health
exist, but enforcement is infrequent. There is no minimum
wage in Qatar, and most workers spend less than 48 hours per
week on the job.
1290
SAUDI ARABIA
Saudi Arabia is a traditional, Arab, and Islamic monarchy ruled
by the sons of its founder, the late King Abd Al-Aziz (known
in the West as "Ibn Saud"). There is no written national
const ituti on.
By convention, the King and Crown Prince have been chosen from
among the sons of Abd Al-Aziz, who themselves have preponderant
influence in the choice. Senior religious scholars and other
princes also have a voice. The King serves as Prime Minister.
Officials from the highest levels down maintain contact with
citizens by holding open door audiences ("majlis") regularly.
Saudis from all social strata attend these meetings to seek
redress of grievances, which is frequently granted. There are
no elected assemblies or political parties. The legitimacy of
the regime rests to a large degree on its perceived adherence
to the defense of Islam, particularly the austere Hanbali
School of Islamic Jurisprudence. Rulers and ruled share a
respect for laws believed to be divinely inspired as well as
ancient customs which call for consensus in government,
internal social cohesion, and economic private enterprise.
During the past 30 years, massive oil revenues have transformed
Saudi Arabia's centuries-old pastoral, agricultural, and
commercial economy. This transformation has been marked by
rapid urbanization, large-scale infrastructure development,
government subsidies to entrepreneurs and consumers, the
emergence of a technocratic middle class, and the presence of
almost 3.4 million foreign workers in a population of about 11
miillion. With the exception of the oil sector, economic
activity and resources have largely remained in private hands.
No major new developments affected human rights in 1987. As
in previous years, there were continuing reports of
mistreatment and torture of prisoners. Civil liberties remain
significantly restricted. The July 31 riots in Mecca,
instigated by Iranian participants in the annual Muslim
pilgrimage, resulted in the deaths of more than 400 persons.
This event powerfully reinforced the perennial concern of the
Saudi authorities and public about security, and has increased
Saudi vigilance in this respect. In general, the heightened
sense of external threat to the country occasioned by the
intensifying Iran-Iraq war has sharpened the sense of
nationhood and solidarity of most Saudis.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no known political killings.
b. Disappearance
There were no known disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Some punishments meted out under Islamic Shari'a Law involve
amputation with anesthetic, or execution by beheading, firing
squad, or stoning (with the convicted person in a drugged
state). There were some reports in 1987 that the police beat
1291
SAUDI ARABIA
detainees to elicit confessions. One such documented case
involved an Asian man accused of homosexuality who was beaten
while suspended upside down. In the absence of eyewitnesses,
confessions are usually required for conviction in Shari'a
courts. Members of the Committee for the Propagation of
Virtue and Prevention of Vice (the "religious police,"
commonly called Mutawwi'in, which means "enforcers") have the
legal right to detain suspects for supposed infractions of
Muslim strictures up to 48 hours before turning them over to
the regular authorities. On occasion they have claimed the
right to flog detainees while seeking a confession. In the
past, the U.S. has protested Mutawwi'in actions against U.S.
citizens to the Saudi Government.
Saudi security officials at various levels have separately
indicated that a royal order prohibiting the striking of
prisoners exists. There were no reports of abuse of European
or American prisoners in 1987, but a number of reported
instances of abuse of African and Asian prisoners. Credible
reports also claim that two Saudi Shi'ite prisoners died under
unclear circumstances, possibly involving abuse and neglect.
The implicated officers of the security forces were
transferred.
In its 1987 Report, covering 1986, Amnesty International said
that it had received several reports in 1986 about the torture
and ill-treatment of detainees, and that, as in previous years,
such torture or ill-treatment apparently occurred during the
period immediately after arrest when detainees were held
incommunicado. AI said it was was unable to investigate these
reports fully but from their consistency and from the variety
of sources concluded that they "appeared to indicate a pattern
of torture and ill-treatment."
Prison conditions are not intentionally degrading. Conditions
in some correctional institutions are, however, severe.
Prisoners often sleep on the floor, suffer heat stroke, and
sometimes complain of difficulty in obtaining adequate medical
treatment. Despite government efforts to expand and improve
prisons, deterioration of some facilities has occurred.
In accordance with Shari'a law, Saudi Arabia imposes capital
punishment for the crimes of intentional murder, adultery,
apostasy from Islam, and, depending upon the circumstances,
rape and armed robbery. The Interior Minister and Cassation
Courts review all cases in which capital punishment has been
imposed. The King must approve all such sentences. The
number of executions rose in 1987 (to 45 in the first 9 months
of 1987 from 18 in the same period of 1986). Five of those
executed were convicted of narcotics smuggling and sentenced
to death pursuant to a March 1987 law making narcotics
smuggling a capital offense. (These smugglers also fired at
police, killing one officer, so that one of them at least was
also guilty of murder; Shari ' a--unlike U.S. law--would not
necessarily find the other four offenders guilty of that
crime. )
Beheading is the usual method of execution. Death by firing
squad or stoning may be imposed for adultery. A recidivist
thief may suffer severance of a hand. In the first 9 months
of 1987 no one suffered this punishment. For less severe
crimes, such as drunkenness, or publicly flaunting Islamic
precepts, flogging with a cane is often imposed. Public
flogging is intended to humiliate the criminal and serve as a
1292
SAUDI ARABIA
deterrent to others. The skin is not broken, and the flogging,
though it is painful and leaves welts, is administered with a
bent elbow.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
There were no reports of arbitrary arrests and imprisonment in
1987. The several dozen Shi 'a arrested in the Eastern
Province during 1986 were released at the beginning of the
year in what appears to have been a general amnesty.
There is no automatic, prompt procedure for contacting a
detainee's family or employer; however, in cases involving
foreigners, Saudi authorities acknowledge that they have the
obligation to do so. When asked, the police will almost
always confirm an arrest.
Embassies usually hear about arrests of their nationals
informally within a few days, and in most cases are granted
prompt consular access to prisoners. Official notification
almost always takes several months, if it occurs at all.
Problems arise when persons are arrested by the General
Directorate of Investigations (GDI), the security service
commonly called the "Mubahith" or investigation police. GDI
prisoners are regularly held incommunicado during the initial
phase of an investigation, which may last several weeks. The
total number of persons affected is unknown.
Shari'a law makes no provision for bail or habeas corpus.
Prisoners may be held for months while an investigation
proceeds before being either charged or released. Regulations
issued by the Interior Ministry in 1983 to eliminate lengthy
pretrial detentions or detentions without charges are
frequently unenforced. On the other hand, the Board of
Grievances, an independent judicial body empowered to
investigate citizens' complaints against official abuse, has
used the authority granted to it in 1983 to become an
ef f ective--if slow--avenue of redress for citizens and private
corporations against state institutions, public sector
companies, and government officials accused of malfeasance,
nonfeasance, bias, or corruption.
The Government does not use forced labor or exile as a form of
punishment .
e. Denial of Fair Public Trial
The judicial system is founded upon the Shari'a. Shari'a
courts exercise jurisdiction over common criminal cases and
civil suits regarding marriage, divorce, child custody, and
inheritance of real or personal property. Trials are generally
closed and are normally held without counsel, though the
advice of Islamic lawyers is available before trial. In the
Shari'a court the defendant appears before a judge who
determines guilt or innocence and, if warranted, imposes the
appropriate punishment. Appeals against judges' decisions are
automatically reviewed by the Justice Ministry or, in more
serious cases, by the Supreme Judicial Council to ensure that
court procedure was correct and that the judge applied
appropriate Shari'a principles and punishments. Counsel is
not permitted in the court itself, but lawyers may act as
interpreters for those unfamiliar with Arabic. With rare
exceptions, there is no consular access to the trials of
foreign nationals.
1293
SAUDI ARABIA
The independence of the judiciary is prescribed by law and
respected in practice. The Justice Ministry is responsible
for the appointment, transfer, and promotion of judges.
Judges may be disciplined or removed only by the Supreme
Judicial Council, an independent body of senior jurists. The
Supreme Judicial Council has investigated and removed corrupt
judges to allow prosecution and imprisonment.
Specialized labor and commercial courts decide cases on the
basis of decrees issued by the Council of Ministers and
regulations issued pursuant to those decrees. The commercial
courts' effectiveness is frequently vitiated by long delays in
reaching decisions and practical difficulties in enforcing
judgments reached. The military justice system has
jurisdiction over uniformed personnel and civilian government
employees charged with violations of military regulations.
Court-martial decisions are reviewed by the Minister of
Defense and Aviation, and the King.
The Board of Grievances arbitrates claims against the State.
The President and Vice President of the Board are experienced
jurists. They are aided by board members expert in
administrative, contract, corruption, civil service, and
forgery legislation. The President is responsible directly to
the King, and the members of the Board are guaranteed
considerable independence. The Board has on occasion used
powers granted by a 1983 decree to call erring officials to
account .
There were no reports of prisoners formally sentenced for
political offenses.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Among the most fundamental of Islamic precepts are the
sanctity of family life and the inviolability of the home.
The police must generally demonstrate reasonable cause and
obtain permission from the provincial governor before searching
a private home, but warrants are not required. The Mutawwi'in
may enter homes to search for evidence of un-Islamic behavior
when they have grounds for suspicion, but instances of this
appear to be exceedingly rare. Wiretaps and mail surveillance
can be carried out on the authority of officials of the
Interior Ministry or the Directorate of Intelligence.
Informants are reliably reported to be widely employed in
internal security matters.
Some social and religious norms and strictures affecting
personal life are matters of law and are enforced by the
Government. Saudi women may not marry non-Saudis without
government permission. Saudi men must obtain approval to
marry women from countries other than the six members of the
Gulf Cooperation Council. During the Muslim holy month of
Ramadan, the prohibition against public eating, drinking, or
smoking during daylight hours is enforced on Muslims and
non-Muslims alike. Prohibitions against alcohol and
pornography are strictly enforced. The Mutawwi'in patrol the
streets and markets to assure Islamic decorum in dress and
demeanor as well as the closing of shops during the five daily
prayer periods.
1294
SAUDI ARABIA
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Criticism of Islam and the ruling family is not allowed. The
potential presence of informers renders public criticism of
the regime rare. In private, complaints are expressed
relatively freely. Saudis are able to voice complaints and to
seek redress of grievances through the open-door audiences
which are held regularly by even the highest officials, but
such grievances are generally expected to be personal rather
than political or social.
The press is privately owned. It is effectively controlled by
a 1982 media policy statement and the firm understanding that
nothing embarrassing to the Government, ruling family, or
religious leadership may be published. The media policy
statement enjoins the press to uphold Islam, oppose atheism,
promote Arab interests, and preserve the cultural heritage of
Saudi Arabia. Newspapers receive guidelines issued by the
Information Ministry on government positions on controversial
political issues.
Editors-in-chief are appointed with the tacit approval of the
Information Minister, and the Government has the power to have
them removed. Saudi television and radio are state owned and
operated. Besides entertainment, their basic aim is to
project and gain public support for official policies and
views, with the corollary that conflicting viewpoints are not
presented. A new educational channel is in the planning
stage. Foreign news is increasingly presented objectively as,
for example, in press and electronic media coverage of the
U.S. Supreme Court confirmation hearings, preparations for the
U.S. presidential elections, and the "glasnost" campaign in
the Soviet Union. Foreign publications circulate but are
censored with increasing vigor for materials deemed immoral or
explicitly or implicitly critical of Saudi policies and
actions, especially since the Mecca riots. For example,
entire pages of the International Herald Tribune containing
articles on Saudi Arabia, advertisements for alcoholic
beverages, or beach scenes have been torn out, and the entire
newspaper has sometimes been withheld from distribution.
Academic freedom is constrained by similar guidelines; the
study of Freud and Marx, representational art, and philosophy,
for example, is forbidden. Professors commonly believe that
classroom comments, which would be taken as antiregime, will
be reported to the authorities. There is also an injunction
against the study of music and art in educational institutions,
including universities. Nevertheless there has been an
increase in artistic activities outside these institutions, as
evidenced by classes sponsored by the Saudi Arabian Society
for Culture and Arts, an association whose head holds
ministerial rank.
b. Freedom of Peaceful Assembly and Association
Public demonstrations as a means of political expression or to
present grievances are prohibited. Tribal, familial, and
economic interest groups informally aggregate public opinion,
which their leaders express to high officials. Nonpolitical
clubs and professional groups may be organized with the
permission of the authorities. The few existing professional
bodies are permitted but not encouraged to maintain contacts
1295
SAUDI ARABIA
with their recognized international counterparts. Government
decrees prohibit labor unions and strikes. Collective
bargaining is unknown.
c. Freedom of Religion
Islam is the official religion. All Saudis must be Muslim.
Conversion to another religion is a crime punishable by death.
Proselytizing by non-Muslims is illegal. Non-Muslim places of
worship may not exist. The Saudis scrupulously uphold the
Islamic injunction that all Muslims have a responsibility to
make a pilgrimage, or hajj, to Mecca, and all Muslims are
welcome to visit the holy places. Travel to these places by
non-Muslims is illegal. Political activities by pilgrims are
banned.
The Shi 'a Muslims of the Eastern Province, usually estimated
at 250,000-400,000 persons, constitute a religious minority
subject to social and economic discrimination. In the wake of
the Iranian Revolution, they have been periodically subjected
to surveillance and limitations on travel abroad. Some have
been arrested without charge and detained, occasionally for
months. For security reasons, the Government does not permit
Shi'ite public processions to mark Ashura, the holiest of the
exclusively Shi'ite holidays. Ashura passed without incident
in 1987. The Shi ' a are free to adjudicate exclusively
intra-Shi'a disputes within their own legal tradition, but
Shi'ite judges receive no stipend or salary from the
Government. Likewise the Government provides no financial
support for the Shi'ite religious establishment and seldom
permits the construction of Shi'ite mosques. However, a
Shi'ite mosque previously closed in Dammam was allowed to
reopen in August 1987 under some restrictions. In recent
years the authorities have made efforts to redress Shi'ite
complaints about the economic underdevelopment of their
areas. Still, most Shi ' a continue to live under conditions
notably poorer than those of their Sunni compatriots.
Non-Muslim religious services are not permitted, and
non-Islamic religious materials are illegal. Foreign nationals,
may practice their religions only in private. Large gatherings
or elaborate organizational structures are likely to attract
official attention and lead to the deportation of their
leaders. There was at least one instance in 1987 in which a
private service, discovered and brought to the attention of
the authorities, was broken up and those conducting it
arrested, interrogated, and deported.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Saudis may travel freely anywhere within the country.
Passports are issued by the Interior Ministry. Male Saudis
may travel abroad freely. In the case of government
officials, the permission of the Royal Court is required but
apparently is normally perfunctory. Women must obtain prior
permission from their closest male relative before being
allowed to leave the country. The passports of suspected
subversives have occasionally been seized. Shi 'a are
generally prohibited from traveling to Iran. Detection of
such travel by Saudi authorities is followed by interrogation.
Shi 'a known to have pro-Khomeini sympathies may not be allowed
to travel abroad. Saudis are permitted to emigrate and assume
foreign nationality. This results in the loss of Saudi
nationality. Citizenship is not revoked for political reasons.
1296
SAUDI ARABIA
There is no explicit formal policy regarding refugees or
granting asylum. Refugees and displaced persons are in most
cases dealt with like other foreign workers. With some
exceptions (including all North Yemenis), persons seeking
residence in the Kingdom must meet strictly enforced
requirements of sponsorship and employment. There are over
260,000 foreigners who fled their native countries, primarily
Palestinians, Lebanese, Eritreans, Afghans, and South
Yemenis. These persons generally receive no special
treatment, privileges, or services. Individual Saudis
(frequently members of the ruling family) permanently sponsor
such individuals to enable them to remain in Saudi Arabia,
permitting them to find work where they may. In a small
number of cases, sponsors reportedly have charged fees to such
persons for providing documentation required by the Government.
There are few Saudi refugees outside the country. A few Shi 'a
reportedly have fled to avoid arrest.
Foreigners living in Saudi Arabia, except for Yemenis, are
required to carry identification cards. They are not
permitted to travel outside the city of their employment or to
change their workplace without their sponsor's permission.
Foreign national employees are not permitted to travel abroad
without their sponsor's permission, since sponsors hold their
passports and are responsible for obtaining exit visas for
them. Foreigners involved in commercial disputes are often
not allowed to leave the country until the problem has been
resolved. Sponsors have taken advantage of this arrangement
at times to exert unfair pressure to resolve commercial
disputes in their favor. Occasionally Saudi sponsors or
business partners have been able to prevent foreign nationals
from departing Saudi Arabia for long periods or have them
arrested or deported. In criminal cases, Saudi regulations
require that the passports of all potential suspects and
witnesses be seized. This has sometimes forced foreign
nationals to remain in Saudi Arabia for lengthy periods.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Kingdom of Saudi Arabia has no formal democratic
institutions. Consequently, most of its citizens do not have
a say in the choice of leaders or in changing the political
system. The King rules the country in matters secular and
religious, within limits established by religious law,
tradition, and the need to maintain consensus among the ruling
family and religious leaders. The King's legitimacy is based
upon his descent, his selection by consensus, his propagation
of the tenets of Islam, and his perceived concern for the
welfare and security of the nation. The King is also the
Prime Minister, and the Crown Prince serves as First Deputy
Prime Minister. The King appoints all other ministers, who in
turn appoint subordinate officials with cabinet concurrence.
There are no popularly elected officials in Saudi Arabia.
(The only elections appear to be businessmen's elections of
two-thirds or more of the board members of the quasi-official
Saudi Chambers of Commerce and Industry.) Political parties
are not permitted, and there are no known organized opposition
groups .
The participation of women in the political and business life
of the country is severely restricted in practice.
Traditionally, public opinion has been expressed through
client-patron relationships and interest groups such as
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SAUDI ARABIA
tribes, families, and professional hierarchies. The open-door
audience (ma j lis) remains the primary forum for expression of
opinion or grievance. Any male citizen may attend these
sessions, which all important officials hold regularly and
openly. Since the assassination of King Faisal during a
majlis in 1975, however, kings have reduced the frequency of
their personal contacts with the public. Typical topics
raised in a majlis are complaints about bureaucratic
dilatoriness or insensitivity, requests for redress or
assistance, and criticism of particular acts of government
affecting personal or family welfare. Broader "political"
concerns--Saudi social, economic, or foreign policy--are
raised only occasionally. Either the King or the Crown Prince
meets with religious leaders at least once a week.
This relaxed but institutionalized means of ascertaining
public opinion through consultation has limitations.
Participation by women in the process is severely restricted.
Rural-urban migration has weakened tribal and familial links.
Citizens are not directly able to change policies or officials
through the majlis system, which is largely a forum in which
grievances are aired and favors sought. As governmental
functions have become increasingly complex, time-consuming,
and centralized in Riyadh, direct access to senior officials
has decreased. The creation of a Consultative Council to
serve as a means of consultation between rulers and ruled has
been under consideration for many years. Though the King
again endorsed the establishment of such a council in the
spring, no steps in this regard beyond completion of the
building identified as its quarters were known to have been
taken in 1987.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no reports that international or nongovernmental
organizations sought to investigate alleged violations of
human rights during 1987. There are no human rights groups in
Saudi Arabia. In international forums, Saudi representatives
regularly protest violations of the human rights of
Palestinians, Afghans, Eritreans, and Muslim minorities in
several countries, including Bulgaria.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Women do not enjoy equality with men. By Koranic precept, a
daughter's share of an inheritance is less than that of her
brother. Women must demonstrate legally specified grounds for
divorce, but men may divorce without grounds. If divorced or
widowed, a woman normally may keep her children until they
attain the age of 7 years, but then they revert to the
husband's family, to whom they belong under Islamic law. In
Shari'a court, the testimony of one man equals that of two
women. Women may not drive motor vehicles, and there are
restrictions on their use of public facilities when men are
present. By custom, women do not travel alone. They are
restricted to specially designated sections in the rear of
urban buses. Women may travel abroad only with the written
permission of their nearest male relative. Employment
opportunities for Saudi women either in the civil service or
with public corporations are extremely limited. In practice
their employment is largely restricted to the teaching and
health care professions. In public, women are required to
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SAUDI ARABIA
dress with extreme modesty, including (in the case of Muslim
women) a black outer garment covering the entire body. Free
but segregated education through the university level is now
available to Saudi women. Polygamy is relatively common in
outlying areas but is becoming less so in cities, particularly
among younger Saudis. Islamic Law limits the number of wives
to four, and requires a husband who has more than one wife to
treat each of his wives equally.
The large expatriate work force does not, for the most part,
receive the same economic and social benefits available to
native Saudis, and must conform to the restrictive Saudi
social standards. Opportunities for non-Muslims are
circumscribed. The poorest of the foreign nationals, almost 3
million Yemenis, Africans, and Asians, live under conditions
significantly more harsh than those of the Saudi urban
classes. Foreign embassies have received numerous reports of
sexual abuse of non-Muslim female domestics by their Saudi
employers. It appears that such victims have limited options
for redress in the courts, although a few employers have
reportedly been punished for such abuses.
Saudi Shi 'a face discrimination in government employment,
especially in jobs with national security implications, and
some limitations on their access to social services, despite
efforts by the Government to improve the social service
infrastructure in predominantly Shi ' a areas of the country.
CONDITIONS OF LABOR
The 19G9 Saudi Labor Law requires employers to protect most
workers from job-related hazards and disease. Domestics and
workers employed in enterprises with fewer than five employees
are not covered in the labor code. Labor Ministry inspectors
and the labor courts are seeking with some success to enforce
the labor code, but foreign nationals report frequent failures
to enforce health and safety standards. Saudi authorities
reportedly have enjoyed greater success in enforcing contract
terms and working hours. The Saudi Labor Law establishes a
maximum 48-hour workweek at regular pay, and allows employers
to require up to 12 additional hours of overtime at time and a
half. Employees may volunteer for additional overtime. There
is no legal minimum wage. The Labor Lav; provides, however,
that minimum wages may be set by the Council of Ministers on
the recommendation of the Minister of Labor. The effective
minimum is the amount required to induce foreign laborers to
come to work in Saudi Arabia.
There is no minimum age for those employed in agriculture,
family enterprises, private homes, or repair of agricultural
machinery. Adolescents (ages 15 to 18), juveniles (under 15),
and women may not be employed in hazardous or harmful
industries, such as mines or industries employing
power-operated machinery. In other cases, the Labor Law
provides for a minimum age of 13, which may be waived by the
Ministry of Labor in certain areas with the consent of the
juvenile's guardian. Child labor does not appear to be a
significant problem in Saudi Arabia.
Saudi Arabia has a generous social security program. Most
foreign workers were formerly eligible to participate in this
program on the same basis as Saudis, but were excluded from
participation in March 1987. Some foreign workers,
particularly those in unskilled positions such as lower-level
construction workers and housemaids, are exploited due to
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SAUDI ARABIA
their ignorance of the labor code, inability to understand
Arabic, lack of written contracts, or fear of retribution from
their employers. Such labor problems can be settled in labor
courts, which have the reputation of being reasonably fast and
fair, but the poorest employees may face insuperable practical
and financial obstacles to taking advantage of these courts.
In 1986 the Government increased its authority over
recalcitrant employers through a written code that permits it
to attach assets.
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SRI LANKA
Sri Lanka has a multiparty, constitutional, parliamentary form
of government. Beginning in 1983, it suffered the tragic
results of accelerating violence between its majority
Sinhalese and minority Tamil communities. On July 29 Sri
Lankan President Jayewardene and Indian Prime Minister Gandhi
signed a Peace Accord aimed at ending the Sri Lankan conflict,
but radicals from both ethnic communities have refused to
accept the Accord, and high levels of violence persist.
Sri Lanka's 1978 Constitution provides for a strong president
and a unicameral parliament elected by universal adult
suffrage. The then-Prime Minister and leader of the ruling
United National Party (UNP) , J.R. Jayewardene, became
President in 1978 and was reelected in 1982. The term of the
UNP-majority Parliament elected in 1977 was extended 6 years
by a national referendum in 1982. Under the terms of the
Accord and its implementing legislation, significant powers
held by the Central Government are to be devolved to newly
created Provincial Councils in all Sri Lanka's provinces.
Sri Lanka has 34,000 servicemen in its army, navy, and air
force and 16,000 men in its police force, which includes over
1,200 police commandoes in the Special Task Force (STF) .
Although there are a few Tamils and Tamil-speaking Muslims in
the security forces, the overwhelming majority are Sinhalese-
speaking. They and the largely Hindi-speaking IPKF have
communications problems with residents in Sri Lanka's north
and east, which are thought to have contributed to human
rights abuses. Sri Lanka also had about 20,000 Sinhalese and
Muslim part-time militiamen, known as "home guards", who
operated in parts of the north and east until the Accord,
after which all of those in the Northern and Eastern Provinces
were disbanded. Some 8,000 home guards remained in the other
seven provinces. Informed observers singled out the home
guards and the STF commandoes in particular as being
responsible for numerous human rights abuses again in 1987.
A developing country, Sri Lanka has achieved a high quality of
life for its population of 16,400,000 despite low per capita
income which in 1986 was only $363. Tea and garment exports
are the largest sources of foreign exchange. Approximately 60
percent of Sri Lanka's productive capacity is state owned or
controlled .
Since Sri Lanka's independence in 1948, the leaders of the
island's two main ethnic groups have discussed ways to
safeguard the interests of the Tamil minority while redressing
the grievances of the Sinhalese majority stemming from the
colonial period. By the mid-1970's, some Tamil leaders
concluded that separation of the Tamil-majority areas and
formation of an independent Tamil state, or "Eelam," was the
only solution, and some Tamils formed militant groups which
turned to armed struggle and terrorism to achieve such a state.
Tensions between the two communities came to a head in 1983
when Tamil militant attacks in the north produced a backlash
in Colombo, where at least 387 people, mostly Tamil, were
killed. These events led to widespread violence and escalated
military conflict which continued in 1987.
Discussions involving the Government, Indian mediators, and
Tamil United Liberation Front (TULF) members began in June
1986 and ultimately resulted in the July 29 Accord. The Tamil
militants refused to join these talks. The strongest Tamil
militant group, the Liberation Tigers of Tamil Eelam (LTTE) ,
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SRI LANKA
refused to accept the Accord or turn in its weapons. This led
to armed clashes between the LTTE and the Indian Peacekeeping
Force (IPKF), provided under the Accord at the Sri Lankan
Government's request, to prevent the Accord from unraveling.
There continued to be serious human rights abuses in Sri Lanka
in 1987. Tamil militant groups continued to assassinate Tamil
opponents and Sinhalese and Muslim civilians to pursue their
political ends. In the Sinhalese-majority south, Sinhalese
radicals opposing the Accord assassinated over 100 government
supporters during the last 4 months of 1987. Also, at year's
end, there were reports of excesses against civilians resident
in the north and east by members of the IPKF. Finally, there
were numerous and credible accusations of human rights
violations by the Sri Lankan security forces and police against
Tamils in the north during the first half of the year, and
against suspected Sinhalese radicals in the south following
the signing of the Indo-Sri Lanka Peace Accord.
Ironically, during a year marked by the signing of a peace
agreement aimed at providing a lasting solution to the
communal problem, more Sri Lankans were killed or injured than
in any year since independence. Many residents of the Northern
Province were killed or displaced as a result of two military
offensives, one in May by the Sri Lankan military and another
in October by the IPKF; many residents of the Sinhalese-
majority south were killed in terrorist bombings cr political
assassinations; many i ^-rnts of the Eastern Province were
killed or driven from their homes by Tamil separatists. There
continued to be reliable reports of torture and disappearance,
especially before the Accord. The Prevention of Terrorism Act
(PTA) and the Emergency Regulations (ER) remained in effect
throughout 1987. During the first 10 weeks after the July 29
Accord, about 4,000 persons, out of the 5,400 detained under
these laws, were released, but the releases were suspended
when the LTTE failed to release the 8 Sri Lankan soldiers it
held and refused to turn over its weapons as called for by the
Accord. In the last few months of the year, the Sri Lankan
forces and the IPKF detained others, bringing the number held,
according to nongovernmental estimates, to about 3,000. The
Government dropped about 500 PTA and ER cases pending under
the PTA and ER by mid-July, but resumed filing indictments in
mid-October. There were about 200 persons convicted and
serving sentences under the PTA or ER at year's end. Press
censorship was imposed for 48 days in 1987.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Deaths from politically motivated violence arising from the
communal problem as well as from antigovernment activity rose
to a new high in 1987. However, extensive military activity
and disruption of civil administration in the north and east,
especially during the last few months of the year, made
collection of accurate statistics difficult. The Government
estimates that approximately 2,800 people were killed during
the year. These included 344 members of the security forces
killed by Tamil militants in the north and east and 7 by
Sinhalese radicals in the south, 710 Tamil militants killed by
government forces and 924 killed by the IPKF, and 824
civilians killed by militants in the north and east and 110 by
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SRI LANKA
Sinhalese radicals in the south. Other observers estimate
that 4,200 persons were killed, including 300 Sri Lankan
servicemen, 300 IPKF members, 1,000 Tamil militants, and 100
Sinhalese radicals. At least twice as many Sri Lankans were
wounded as were killed in politically motivated violence.
From 1983 to mid-1987, the Government tried to put an end to
the Tamil insurgency using its armed forces and police.
Following the July 29 Accord, Indian troops took on this task,
with the results unclear at year's end. Antigovernment
violence in the south also increased during 1987--by Tamil
militants before the July Accord and by Sinhalese radicals
after the Accord was signed. As in previous years, there were
credible reports of extrajudicial killings by members of the
government security forces, particularly in the Eastern
Province, before the July Accord. Following a pattern set in
1983, no results of official inquiries into these incidents
were published, nor was disciplinary or judicial action taken
against any member of the security forces accused of human
rights abuses.
b. Disappearance
There has been continuing concern since 1983 about Tamils,
usually young men, who have disappeared while in the custody
of the Government. Amnesty International published in June
1987 its second special report on disappearances in Sri Lanka.
Counting the 272 cases documented in its 1986 report, AI
listed 500 Sri Lankans as having disappeared in the 4 years
prior to the Peace Accord while in the custody of the security
forces. Over 300 disappearance cases were presented to the
United Nations Human Rights Committee Working Group on Enforced
or Involuntary Disappearances, which has referred the cases to
Sri Lanka for investigation. Of these cases, only 27 have
been resolved satisfactorily.
The Government cites several factors which complicated the
task of accounting for disappeared persons. These are that
(a) arrested persons sometimes gave a false name to conceal
from authorities their true identity and affiliations; (b)
some of the disappeared were possibly among those--whose names
the Government does not know--seeking political asylum in
Western countries; and (c) many, if not most, of the large
numbers of young men rounded up by the security forces usually
were released within a few hours, and some of those probably
departed Sri Lanka without returning to their homes.
Local sources reported that well over 200 persons disappeared
during 1987, almost all of them from the Batticaloa and
Amparai Eastern Province districts, which brings the total of
disappeared persons over the past 4 years to over 1,000,
according to these sources. In many cases, detained persons
who were subsequently released reported having seen a
disappeared person in government custody and, in a few cases,
having seen the corpse. These reports have led local citizens
to believe that the disappeared persons were killed by the
authorities while in custody, in reprisal for attacks on
security forces by Tamil militants.
Sri Lankan attorneys brought 250 lawsuits during the past 20
months, asking the Government to inform the court of the
whereabouts of these so-called disappeared persons whom
witnesses had observed being arrested by the security forces
but who were subsequently reported not to be in government
custody. At year's end the subjects of one-third to one-half
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SRI LANKA
of these cases had been located in detention centers; no
information had been provided about the others. Under normal
procedures, government authorities have 1 month to respond in
such lawsuits. However, in these cases courts have granted
government requests for delays of 6 to 9 months. In its
November report, Asia Watch stated that it was not aware of
any allegations of disappearances since the Accord, but
criticized the Government for its failure to account for
previous disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution provides that "no person shall be subjected
to torture, cruel, inhuman or degrading treatment or
punishment." However, there were persistent, credible reports
again in 1987 that the military and police tortured or
mistreated persons in detention.
In July 1987, the Supreme Court ruled in favor of one Sri
Lankan who filed a fundamental rights suit against the
Government, alleging that he had suffered torture while in
government custody. The court awarded the plaintiff court
costs and damages, and directed the authorities to investigate.
At year's end, police investigators had completed their work
and submitted their recommendation--that four police officers
face criminal prosecution for their role in the incident--to
the Attorney General's office, which has not yet taken a
decision in the case.
In its 1987 Report, covering 1986, Amnesty. International
reported that it continued to receive credible allegations of
torture at various police stations and army camps. It said
that former prisoners stated that they had been beaten, often
on the soles of their feet, hung upside down, forced to inhale
burning chili fumes, and burned with cigarettes.
In his annual report, the U.N. Special Rapporteur on Torture
and Other Cruel, Inhuman, or Degrading Treatment or Punishment
singled out Sri Lanka as one of the countries of special
concern. The report notes that: "The situation in Sri Lanka,
which finds itself caught in a spiral of violence and where
civilians are allegedly tortured in order to extract
information from them about planned acts of violence by the
insurgents, is also of great concern."
d. Arbitrary Arrest, Detention, Exile, or Forced-Labor
The Constitution stipulates- that no person "shall be arrested
except according to procedure established by law" and that an
arrested person must be informed of the reason for his arrest.
Within 24 hours an arrested person must be brought before a
magistrate who may authorize bail or, for serious crimes,
continued detention. A suspect may be detained up to 3 months
without bail, or longer if a court so rules.
However, the PTA, first adopted in 1979 as a temporary measure
and made permanent in 1982, and the ER,. issued monthly with
the extension of the state of emergency in-ef^fect since May
1983, give the- security forces extraordinary powers in dealing
with suspected criminals. These laws authorize preventive and
incommunicado detention, and allow the security forces to
detain a suspect held under the ER for up to 3 months before
he must be presented to a magistrate. Magistrates are not
empowered to investigate the circumstances leading to a
80-779 0-88-42
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SRI LANKA
person's arrest and continued detention, but, under the ER,
"shall" remand the detainee to a prison, where he may be held
indefinitely. For those held under the PTA, a person may be
detained without charges for up to 18 months, but there have
been numerous cases of persons held beyond that time period.
Bail may be granted at the discretion of the Government.
Visits by family, access to lawyers, food, and other
conditions of incarceration are normally restricted under
these extraordinary laws.
The PTA and ER were used extensively in 1987 to detain large
numbers of persons, mostly Tamil youths from the north and
east before the July 29 Accord, and Sinhalese youths allegedly
belonging to radical political groups after the signing of the
Accord. Some Sri Lankans have alleged that there were 5,400
such persons in detention as of mid-1987. Under the terms of
the Accord, about 4,000 persons were released. At the end of
1987, the Government reported that there were 903 Tamils in
detention under the PTA and ER for crimes said to be committed
in the north and east. Another 108 Tamils and Sinhalese were
in custody under the PTA for acts committed outside the north
and east, and 270 mostly Sinhalese were held under the ER at
year's end. The Sinhalese prisoners detained for activities
in the south are not subject to release under the terms of the
Accord. This has led some Sri Lankans to accuse the Government
of discrimination. Local observers reported that the IPKF had
detained in its camps in the north and east over 300 alleged
Tamil militants, as well as Tamil journalists and businessmen
accused of sympathizing with the separatists.
Relatives may write to the Ministry of Defense and ask that
the case of their family member detained under the PTA be
reviewed. The review is conducted by a three-man advisory
board which considers the evidence, interviews the police and
the detainee, and makes a nonbinding recommendation. Advisory
board reviews frequently take several months, and government
authorities have refused or delayed carrying out the
recommendation of the board in some cases. Persons may also
challenge the legality of their detention either by filing a
suit in the High Court, or by charging the Government before
the Supreme Court with illegally violating fundamental rights
enumerated in the Constitution. However, the High Courts are
located only in Colombo, which necessitates costly travel to
the capital for those seeking this remedy, and fundamental
rights suits must be brought--complete with necessary
documentation — within 30 days of the alleged infringement.
Some observers charge that this 30-day limit makes it
virtually impossible in practice for persons detained
incommunicado for prolonged periods or relatives of those
alleged to have disappeared to bring such suits.
There is no forced labor in Sri Lanka, but criminals may be
sentenced to "rigorous imprisonment" (hard labor) under which
they are required to work.
e. Denial of Fair Public Trial
Persons accused of criminal acts are generally entitled to a
fair trial in open court, are informed of the charges and the
evidence against them, and are represented by counsel of their
choice. Persons tried in the High Court are provided an
attorney at government expense if they need one, but the
Government does not provide attorneys for defendants tried in
other courts.
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SRI LANKA
Although public trial by jury is the custom, juries are not
provided in trials under the PTA on the grounds that jury
members could be intimidated. Like anyone else, those
convicted under the PTA or the ER have the right to appeal
convictions to the Appeals and Supreme Courts. However, most
people held under this Act are never formally charged and
therefore do not enter the appeals process.
In the northern Jaffna peninsula, the judicial system did not
function during most of 1987 due to intimidation by the Tamil
militants. Outside the north, Sri Lanka's judiciary has
demonstrated its independence of the other branches of
government. All the judges of the Supreme Court, Courts of
Appeal, and High Courts are appointed by the President. The
Chief Justice and two Supreme Court judges comprise a judicial
service commission which appoints, transfers, and dismisses
all lower court judges.
The Government brought indictments against 603 persons detained
under the PTA and the ER during 1987. In the weeks following
the peace agreement, the Government withdrew charges in about
500 of these cases before the trials commenced.
Estimates of the number of political prisoners vary widely.
According to Sri Lankan human rights activists, approximately
200 persons had been convicted of crimes under the PTA and the
ER and were serving prison terms by the end.of 1987.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government generally respects individual^privacy and the
sanctity of the family and the home. The judiciary has a good
record of upholding rights to privacy in those cases which
reach the High Court. Ordinarily, search and arrest warrants
are required in order to enter private premises. Under the
PTA, however, police officers above a certain rank and less
senior officers authorized by them in writing may enter and
search any premises without a warrant, and seize "any document
or thing" when there is a presumption on evidence of support
for, or involvement with, unlawful activity. Monitoring of
telephones is not known to be a common practice.
g. Violations of Humanitarian Law in Armed Conflicts
Sri Lankan and Indian security forces, engaged in armed
conflict with members of Tamil and Sinhalese militant
organizations during 1987. These conflicts were often fought
in heavily populated areas, such as in the north and east, and
resulted in significant civilian casualties. In the first 5
months of the year, the Government blockaded supplies of
petroleum, resulting in some temporary transportation and food
distribution difficulties for residents of Jaffna. Before the
July 29 Accord was reached, security forces frequently were
accused of indiscriminately opening fire in civilian areas
following an ambush or landmine attack by Tamil militants.
Sinhalese militants in the south claimed responsibility for a
series of assassinations of civilian government officials and
supporters. The IPKF was accused of having failed to take
adequate precautions against the killing of civilians during
its offensive in Jaffna. There are allegations of several
instances of Indian troops opening fire on civilians following
landmine explosions and numerous reports of molestation of
women by IPKF soldiers. Indian authorities have undertaken
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SRI LANKA
investigations in many of these incidents, and four Indian
soldiers were publicly court-martialed for their misbehavior
in early 1988.
The security situation underwent a significant transformation
during 1987. During the early months of the year, Tamil
militant forces continued their well-established practice of
landmine and ambush attacks against government forces, who
often retaliated by opening fire or conducting search and
destroy missions in civilian areas. In one such incident on
January 28, eyewitnesses stated that the STF, following a
landmine blast which killed 12 of its members near Batticaloa,
entered a nearby town, rounded up 83 unarmed local residents,
including 22 employees of a shrimp farm, took them to an
abandoned church and killed them. On February 7, Igcal
residents stated that LTTE militants killed 28 Sinhalese
civilians in a remote village of southeastern Amparai district.
Loss of civilian life resulting from Sinhalese-Tamil violence
rose considerably during the second quarter of 1987. At least
122 persons were killed when several civilian vehicles were
stopped by militants 15 miles south of Trincomalee on April
17. On April 21, 113 people were killed and 295 injured when
a bomb, believed to have been planted by Tamil militants,
exploded at the main bus stand in the Colombo business
district. Shortly after these incidents, government security
forces launched air attacks against alleged Tamil militant
targets in the northern Jaffna peninsula which resulted in
civilian casualties. Subsequently, between May 26 and June 2,
the Government conducted a full-scale military offensive in
the northeastern portion of the Jaffna peninsula, resulting in
at least 60 civilian casualties. Also on June 2, alleged LTTE
Tamil militants murdered 32 civilians, 29 of whom were
Buddhist monks, at the village of Arawantalawa, south of
Batticaloa on the east coast.
The signing of the peace agreement on July 29 was marked by
riots in Colombo and the southern part of Sri Lanka by
Sinhalese opposed to the Accord, resulting in about 100
deaths. When the responsibility for maintaining the peace in
the north and east shifted from the Sri Lankan security forces
to Indian troops, these troops intervened in an attempt to
stop internecine fighting among Tamil militant groups and
Tamil militant killings of civilians in the Eastern Province.
In October, when it became apparent that the LTTE would
neither accept the Accord nor turn in its weapons, the IPKF
mounted a 2 1/2-week military offensive against the LTTE,
seizing its stronghold at Jaffna town. There were allegations
of indiscriminate shelling and strafing of some civilian areas
during this offensive, and Tamil militants were accused of
using civilians as human shields. At least 100 Tamil
militants, 200 Indian soldiers, and 350 civilians in the east
and north lost their lives in these actions. At the end of
the year, the IPKF was continuing its attacks against suspected
LTTE separatists in the north and east, and the Sri Lankan
security forces were deployed in the south to defend against
attacks by antigovernment Sinhalese radicals against government
officials and supporters of the Accord.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for "freedom of speech and
expression including publication," but it also permits these
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SRI LANKA
rights to be restricted "as may be prescribed by law in the
interests of national security." In practice, opposition
groups have charged that the Emergency Regulations have been-
used directly and indirectly to restrict free speech. For
example, persons wishing to post bills advertising meetings of
any type are required under the ER to get police approval of
the text. In May 1987, the Supreme Court ruled that this .
clause gave too broad an authority to the police, and that
they would have to specify a reason for denying a person
permission to post bills. In September 1987, the UNP-
dominated Parliament amended the Parliamentary Powers and
Privileges Act of 1978, which permits Parliament to impose a
fine on anyone who criticizes a Member of Parliament. Under
the 1978 act, fines imposed under this law were limited to
$160; under the 1987 amendment. Parliament was empowered to
impose unlimited fines and imprison violators for up to 2
years .
The Government controls the country's largest newspaper chain
and owns the radio and television services. A variety of
independent newspapers and journals provide a full range of
viewpoints on foreign policy and most domestic matters. Many
small circulation periodicals published by opposition
political parties operate in an unrestricted manner.
In the wake of violent riots at various places throughout the
south following the signing of the peace agreement, the
Government imposed censorship on the press. Critics charged
that the censorship, which lasted 48 days, was inconsistently
and inefficiently administered. Some Sri Lankans have also
claimed that, even without formal censorship, the Government
practices indirect intimidation of the press. By threatening
to take over private media which do not operate in the public
interest, these observers believe, the Government has prevented
the media from accepting advertisements from certain
organizations. In another case which critics have described
as an attempt to intimidate the press, police in October
briefly detained incommunicado a journalist who had reported
on extensive conversations with LTTE Tamil militants.
Academic freedom is generally respected.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association and the right to form and join trade unions. Sri
Lanka has numerous private associations and trade unions,
which are free to maintain ties with international bodies.
One radical leftist political party, the Janatha Vimukthi
Peramuna (JVP) , has been proscribed since 1983.
Under the Emergency Regulations, the President (or his
designee) is empowered to prohibit public meetings which would
be "likely to cause a disturbance to public order and promote
disaffection." In practice, the police issue permits, at the
discretion of the police superintendent in each area, for
outdoor public meetings or processions. Several times in
1987, opposition political groups were denied permission to
hold outdoor public demonstrations, which sometimes led to
violence when the groups gathered anyway. In the largest
incident of this kind, the traditional annual political and
trade union May Day demonstrations were prohibited in 1987,
but several groups assembled anyway, and police killed two
persons in attempting to disperse the crowds.
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Workers' rights are recognized and protected by law. Any
seven workers may form a union, draw up their own procedures,
elect their own representatives, and formulate programs.
Workers are expressly granted the right to bargain
collectively by the Constitution. Department of Labour
officers may arbitrate when workers and employers are not able
to resolve a dispute. These officers are stationed throughout
the country to assure that employers fulfill their legal and
contractual obligations to workers and to be available for
mediation in minor local disputes.
Except for public service employees, workers are free to
strike, and have done so frequently. Under the ER the
President may declare any business to be an essential service,
making a strike illegal. As in previous years, when the
Government used this power to terminate strikes in 1987, it
generally agreed to discuss grievances with labor
representatives .
About 1,000 labor unions and federations together represent
about one-third of the 5.5 million-strong labor force.
Workers in the nonplantation agricultural sector and most of
those employed in small businesses, as well as workers in the
free trade zone, are not represented by unions. Employees in
the zone participate in labor-management company associations.
Although there are a few independent unions, most of the
largest worker organizations are affiliated with political
parties, frequently operate as arms of those parties, and play
a significant role in the political process. Despite
constraints arising from their political affiliations, Sri
Lankan unions generally have been vigorous in advocating
improved conditions for workers.
c. Freedom of Religion
The Constitution establishes Buddhism as the official religion
and requires the Government "to protect and foster" Buddhism,
but it also guarantees the rights of all others, including
Hindus, Muslims, and Christians, to practice their religions
freely. Earlier complaints that Buddhists had an advantage
over members of other religions in winning senior government
positions have dissipated, and now members of all religious
groups can be found in influential positions in government and
in the full spectrum of political parties.
Members of all religious groups in Sri Lanka are free to and
do maintain active ties with coreligionists in other
countr ies--including with the Church of England and Catholic
hierarchies. Many Sri Lankans perform religious travel each
year. Religious publishing is freely allowed, as is
proselytizing. Foreign clergy also are permitted to work in
Sri Lanka.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution grants every citizen "freedom of movement and
of choosing his residence within Sri Lanka" and "freedom to
return to Sri Lanka." Exit visas are no longer required, and
the constitutional provisions are generally honored.
However, believing that Tamil militants were frequently
crossing from southern India to northern Sri Lanka via the
Palk Straits, the Government adopted a series of measures.
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beginning in 1984, which progressively restricted free
movement in the north. The effect of the maritime
surveillance and prohibited zones has been to restrict free
movement considerably and made it virtually impossible for the
large number of fishermen resident in that area to fish.
These restrictions were not enforced consistently during 1987,
but they were strengthened significantly by the IPKF following
the October offensive in the north and east.
Movement in the north as well as in the southern parts of the
country also was restricted by curfews imposed by the
Government. A curfew was imposed on residents of Jaffna
during military operations there in May and June. Most of the
north and east was under daily curfew from October through the
end of the year, including 12 days of continuous curfew in
Jaffna during the first part of the Indian offensive in
October. A few southern districts were under daily curfews
for over a month in July and August, and cities in the south
were under curfew several times in October, following
terrorist incidents and civil disturbances.
Refugees or displaced persons from other countries are
generally denied entry to Sri Lanka. The Government does not
try to help refugees who try to stay in the country while
seeking permanent residence elsewhere. In 1987 several
prospective Afghan refugees spent long periods in police
detention while awaiting resolution of their cases.
At year's end, there were approximately 400,000 displaced
persons in Sri Lanka, and 150,000 Sri Lankans in India and
Western countries.
Section 3 Political Rights: The Right of Citizens
to Change Their Government
Sri Lanka has a multiparty, parliamentary form of government
with universal suffrage and generally high (around 80 percent)
voter turnout. The extent to which citizens can exercise the
right to change their government through free and fair
elections was called into question by the opposition which
protested the results of the 1982 referendum that extended the
life of the Parliament by 6 years.
Although members of each ethnic community can be found in
virtually all of the political parties, the most influential
political parties generally draw their support from one ethnic
community. The United National Party (UNP) and the Sri Lanka
Freedom Party (SLFP), both of which draw their following
mainly from the Sinhalese majority community, have alternated
in forming governments.
Tamils have been primarily represented by two parties. The
Tamil United Liberation Front (TULF)" claims to speak for
two-thirds of the Ceylon Tamils and other Tamil-speaking Sri
Lankans-who have for hundreds of-years been the majority
population in the north and parts .of the east. In 1983 TULF
members of Parliament representing the north and parts of the
east resigned after refusing to swear an oath of allegiance to
the unity of Sri Lanka as required by a new constitutional
amendment. Byelections to fill these vacant seats have been
postponed due to the unsettled security situation, and Sri
Lankans in those constituencies have been without parliamentary
representation since the fall of 1983. Indian Tamils, who
make up about one-third of the country's Tamil population,
reside primarily in the central hill country, and have not
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been involved in the ethnic conflict, are represented by the
Ceylon Workers Congress (CWC) , which is also a trade union.
The President of the CWC is a member of Parliament and also
serves as a Minister in the UNP Government.
Most opposition parties function freely; several operate their
own newspapers, and the activities of their leaders are
covered by the media. The extreme leftist Janatha Vimukthi
Peramuna (JVP), however, has been proscribed since 1983 for
its alleged involvement in the communal riots. Also, the
civic rights of the leader of the main opposition SLFP, Mrs.
Sirimavo Bandaranaike, were suspended from 1980 to 1986 on the
grounds that she exceeded her authority during her tenure as
Prime Minister from 1970 to 1977.
The last general election in 1977 brought the UNP Government
to power with 51 percent of the popular vote. The UNP
Government formulated a new Constitution, adopted by Parliament
in 1978, which established the office of a directly elected
executive president. In the presidential election of October
1982, President Jayewardene was elected with 53 percent of the
popular vote. Two months later, in place of the national
parliamentary elections which had been scheduled, the
Government held a referendum to extend the life of the 1977
Parliament from 6 to 12 years. Restrictions were imposed on
the activities of opposition parties during the referendum
campaign, and numerous voting irregularities subsequently were
reported by the elections commissioner. The referendum was
approved by 54.5 percent of the vote.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is sensitive to adverse reports on its human
rights situation. Senior government officials have made
themselves available to visitors looking into human rights
issues .
In its 1987 Report, covering 1986, Amnesty International noted
instances in which the Government had not replied to its
requests for information on human rights concerns, and
reported that various requests it had made to the President
and Minister of National Security to visit Sri Lanka to
discuss its concerns had also received no response. Asia
Watch received permission in 1987 to visit Sri Lanka and
issued its human rights report in November.
In 1987 the International Committee of the Red Cross (ICRC)
renewed its previous offer to the Government to provide relief
assistance. At its meeting in February, the U.N. Human Rights
Commission adopted a resolution calling upon Sri Lanka to
invite ICRC participation in relief work there. In October
1987, at the invitation of the Government, ICRC and
International League of Red Cross Societies' officials visited
Sri Lanka for exploratory talks. However, no ICRC program has
commenced.
Several local nongovernmental organizations monitor human
rights. They collect information from families of victims or
members of citizens' committees near the site of alleged
incidents. Their periodic reports and appeals for change,
however, are generally not addressed by the Government. Some
attorneys represent defendants without charging a fee in those
human rights cases which reach the courts.
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The Government established a Commission for the Elimination of
Discrimination and the Monitoring of Fundamental Rights in
late 1986. Charged with investigating individual complaints
on the basis of race, religion, language, caste, sex, political
opinion, or place of birth, the Commission received over 500
complaints during 1987, its first full year of operation. Of
these, about 100 were judged to have merit after an initial
investigation and aboiat 50 had been resolved by the end of the
year. A majority of the cases charged discrimination in the
workplace on the basis of a pers'on's political affiliation.
The Committee has also addressed" questions of systematic
discrimination, killings, and torture but has issued no
reports nor shown it can effectively deal with these issues.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Under British colonial administration prior to 1948, ethnic
Ceylon Tamils held a larger percentage of the influential
positions in government service, the police, the professions,
and commerce than th-e percentage of Tamils overall in the
population. With independence, Sinhalese political leaders
sought to redress what they regarded as an imbalance in favor
of Ceylon Tamils. Typical of their efforts was the so-called
"Sinhala-Only" Act of 1956 which made Sinhalese the sole
official language of the country. For Tamils, the Act stood
for government-sanctioned discrimination against them.
In the Constitution of 1978, Tamil was designated a "national"
language and its use in government, education, and the courts
was specifically protected. Nevertheless, Tamils have charged
that these legal protections are not enforced. Members of the
Tamil community complain that they suffer from systematic
discrimination in competition for university entrance,
employment; opportunities, and other" matters under govexnment
control. Government officials have denied charges of
discrimination against Tamils, pointing out that a number of
prominent Tamils occupy senior-level civil service positions.
Many of these Tamils are approaching retirement age, however,
and there are fewer Tamils in the lower ranks of the civil
service and military to take their places. Under terras of the
Indo-Sri Lanka peace agreement, Tamil as well as Sinhalese
will become official languages, while English is to be a
"link" language;
One group of Tamils which has suffered particular
discrimination are Indian Tamils, who are descended from- the
Tamils brought from India in the 19th century to work on the
plantations. No longer qualifying for citizenship under
Indian law, they were also denied Sri Lankan citizenship by
laws adopted after independence. Since then, the Sri Lankan
and Indian governments have reached several agreements aimed
at resolving the problem of these stateless Tamils. Under a
1986 agreement, the Sri Lankan Government agreed to grant
citizenship to all remaining stateless Tamils. The Government
began processing these cases during the second half of 1987.
Sri Lankan women have equal rights under the law, including
equal property and inheritance rights. The various ethnic and ■
religious groups have their own strictures-, however, which
place some limitations on women. Some Tamil families believe
their women members should not be seen working in public.
Some Muslim women are discouraged by members of their
community from seeking higher education or employment. Some
women fill important posts in the civil service, the
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SRI LANKA
professions, and business, but the majority are found in
manual and semiskilled jobs and in the home. As of 1985,
women employed in nonagricultural work were paid, on the
average, 71 percent of the hourly wage rate received by men.
Women vote in large numbers, but otherwise play a more limited
role than men in the political process. There are currently
six female members of Parliament, including one female
minister of cabinet rank. Sri Lanka had the world's first
female Prime Minister.
CONDITIONS OF LABOR
Under Sri Lankan labor laws, employment of children under age
12 is prohibited. Those between age 12 and 14 are called
child workers and may not be eriiployed in industry or dangerous
occupations; employment of young persons between 15 and 18 is
subject to certain restrictions. Employees under age 18
cannot be required to work outside of specified hours. In
addition, employers are required to provide annual leave, rest
periods, and meal breaks. In practice, however, there is a
child work force, probably numbering at least several
thousand, who work illegally in Sri Lanka, mostly at jobs in
rice cultivation, as domestics, or as street peddlers.
Efforts to address this problem have been hampered by the fact
that, in some cases, child workers are a major source of
family income.
There is no national minimum wage, but wage boards for 35
different trades set minimum wages and working conditions.
Actual wages and working conditions generally exceed these
minimums, which many trade union leaders consider insufficient
for maintaining a decent standard of living. Most permanent
full-time workers are covered by laws which provide that they
shall work no more than 45 hours per week, no more than 9
hours per day, and no more than 5-1/2 days per week, and that
they will receive a 14-day paid holiday annually. Minimum
conditions for the protection of safety and health of workers
are set forth in legislation passed by Parliament and
implemented by the Department of Labour, which employs a staff
of engineers and inspectors for this purpose. The Department
also educates workers about minimum standards for different
workplaces and encourages the use of safety equipment such as
earplugs, but trade union leaders allege that enforcement of
minimal conditions for worker health and safety by the
Department inspectors is insufficient. Workers in the
unorganized agricultural sector are not covered by labor laws,
although the government may investigate individual complaints.
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Although Syria is nominally a representative democracy.
President Hafez al-Asad wields virtually absolute power, and
his Government remains a sometimes repressive dictatorship.
The regime has not permitted other centers of government
authority such as an independent judiciary and legislature to
develop, and it has at times resorted to forcible repression
to insure its survival. At the same time, the Government has
tried to provide for the basic needs of its people, and it
allows a certain amount of regional autonomy exercised through
local administrative councils affiliated with the Ba'ath Party.
The ruling Ba'ath Party, with its emphasis on social and
secular Arabism, gained ascendancy in 1963 and over time has
become dominated by the military, which consumes a large share
of Syria's scarce economic resources. In recent years, the
Party has served principally to legitimize Asad's rule.
Although Ba'ath Party doctrine seeks to overcome sectarian and
class consciousness by building a sense of national rather
than ethnic identity, ethnic, religious, and regional
allegiances remain important. Members of Asad's own sect, the
Alawis, hold most of the important military and security
positions and run many of the nationalized corporations.
Syria has been under emergency powers since 1963, except for a
hiatus in 1973-74. Martial law has been justified by the
state of war with Israel and continuing threats posed by
terrorist groups (Islamic fundamentalist, Iraqi, Palestinian,
and Lebanese), which were blamed in 1986 for several bloody
incidents of terrorism in Syria. The Muslim Brotherhood
remains the greatest internal threat to the regime. This
group of Islamic fundamentalists openly challenged the secular
Ba'athist Alawi-dominated regime in the late 1970's and early
1980's, but the uprising was brutally repressed in 1982.
Thousands of people were killed in the Islamic stronghold of
Hama , the memory of which lingers in Syria and serves to
discourage any widespread activity against the Government.
The League for Communist Action is the second most prominent
opposition group. There were several incidents in 1987 which
indicated that opposition groups were still active, albeit on
a very limited scale. Public manifestation of antiregime
activity was limited to wall slogans critical of the economic
situation and some distribution of antigovernment literature.
The central Government maintains an extensive security
apparatus. Several security services exist, and each is
suspected of human rights violations.
Syria has a socialist economy. Although a private sector
remains, most major enterprises are nationalized. The economy
continued its serious downturn in 1987, the result of which
has been a sharp decrease in the standard of living. The
Government has undertaken limited initiatives such as joint
public/private sector projects to encourage private investment.
However, a lack of confidence in the Government's ability to
improve the economy has discouraged the private sector from
taking a major part in these ventures. The Government has
continued efforts begun in 1986 to suppress the once
flourishing black markets in currency exchange and imported
goods, levying harsh prison sentences on violators. An
anticorruption campaign resulted in the arrest and conviction
of a number of individuals, including senior officers and some
related to the most powerful regime officials. However,
corruption among the ruling elite remains pervasive.
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There was little change in the overall human rights situation
in 1987. Syria remained under the rule of a dictatorship and
there were no signs of progress towards a freer political
system or a greater respect for individual human rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Executions for political beliefs in Syria are typically a
reaction to direct and violent threats to the regime. The
decrease in the number of terrorist incidents in 1987
corresponded to a decrease in reports of executions. Six
persons, sentenced to death for involvement in terrorist
operations in 1986, were hanged in August 1987.
Killings by politically motivated groups are usually directed
at the general public to stir up popular unrest against the
regime. However, attacks against military targets have
occurred, such as the bomb attacks in 1986 and 1987 against
buses carrying Syrian military personnel.
b. Disappearance
There have been credible reports over recent years that some
Syrians arrested for security reasons have never been heard
from again. There were, however, no such reports in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although the penal code prohibits torture and establishes
severe penalties for it, there have been numerous credible
reports of torture, primarily during arrest and interrogation.
In a special report, "Syria: Torture by the Security Forces,"
issued in October 1987, Amnesty International (AI) described
systematic abuses inflicted on detainees arrested in Syria,
including Palestinians from refugee camps, and on other
detainees seized in Syrian-controlled areas of Lebanon. The
report said that at least five security units have for years
arrested people in Syria at will, often without explanation,
and tortured them during periods of incommunicado detention
that have sometimes lasted for several years. The report said
that savage beatings with fists and sticks and whippings with
leather belts and electric cable were the usual forms of
torture but that AI had received descriptions of at least 35
different methods used, many in specially equipped torture
chambers. Among the methods often cited, the report said, is
the "Washing Machine," in which the victim's arms and fingers
are crushed in a rotating drum. AI noted that it has
repeatedly called on the Government to end torture by its
forces but never received a response.
An eyewitness detained by security officials in 1987 observed
implements of torture, including clubs, during his brief
confinement in a detention center. Security forces often will
arrest family members of a fugitive and detain or torture them
until the fugitive surrenders to authorities. There have been
no reports of punishment of officials who engage in such
practices .
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Persons charged with or convicted of criminal offenses are
held separately from those charged with security crimes.
Conditions in prisons for ordinary criminals are adequate and
are better for foreigners than for Syrians. Meals are
adequate, and provision is made for exercise. Much less is
known about conditions in security prisons. No international
groups are allowed access to detention facilities. Families
are usually not allowed to visit security prisons.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
The civilian legal code, modeled after French law, generally
provides for due process, although it permits indefinite
pretrial detention during the investigative process. Under
the state of emergency, normal safeguards can be suspended,
and a person may be held indefinitely without charge or trial,
especially in security and political cases.
In cases involving security or political offenses, arrests are
made secretly, with no legal restraints. The accused has no
right to a judicial determination of the basis for pretrial
detention, no redress for false arrest, and cannot be
contacted by family or friends, who most often do not know
where the accused is being held.
There does not appear to be any forced labor.
e. Denial of Fair Public Trial
Criminal cases with no political implications are conducted
according to the French-based legal code. The defendant is
detained provisionally upon the accusation of the public
prosecutor, then remanded to a judge for arraignment. The
judge may either free him on the basis of insufficient
evidence or refer the case to a criminal court. Defendants
are entitled to legal representation of their choice; if they
cannot afford a lawyer, they will have one appointed by the
court. Civilian courts impose no restrictions on lawyers in
representing their clients and allow the right of appeal. In
noncontroversial criminal cases, the civilian courts are
usually free of governmental coercion, although the Government
can and often does bring pressure to bear if it wishes to do
so. The slow and cumbersome legal system can leave suspects
languishing in prison for months.
Defendants are presumed innocent until proven guilty, and are
allowed to present evidence and confront their accusers.
Trials are public except for cases involving juveniles and
crimes which may have a negative impact on moral sensitivity,
such as rape. Religious courts usually deal with marriage,
divorce, and inheritance.
Persons charged with security or political offenses fall under
the jurisdiction of the military courts or the state security
court. Such persons have no say in the selection of a lawyer,
who is chosen by the court. All court sessions are closed,
and there are no official channels for obtaining information
on the trial or sentencing, although relatives with influence
in the Government ultimately may succeed in obtaining
information and even effecting the release of the accused.
Families without influence have no way to publicize prisoners'
cases .
The Government does not release information on the number of
persons detained for political or security offenses, but
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the number is probably significant. Some 20 Ba ' ath Party and
government officials have been under detention since 1970.
According to unconfirmed press reports, as many as 150
military officers were arrested in 1982 in connection with a
reported coup attempt, and 60 were arrested in the summer of
1986 for the same reason. Some reportedly have been released
during the past year.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Intelligence organizations maintain a network of guards to
protect officials and important buildings as well as to
monitor the activity of people living in those neighborhoods.
Some telephone conversations are almost certainly recorded.
The presence of police and security officials is pervasive,
especially in Damascus. The postal system censors the mail,
including foreign publications, but does not check every
letter or package. Although the legal system provides
safeguards, including a requirement of an arrest and search
warrant before police are allowed to enter private homes,
regulations under the state of emergency suspend these
protections in security-related cases.
Security checkpoints can be set up anywhere, and. no warrant
for search or arrest is required. Security forces are most
concerned with terrorists but also search for smuggled goods.
g. Violations of Humanitarian Law in Armed Conflicts
According ta-press~ and other reports, Syrian forces in Lebanon
killed some 200 people in Beirut and Tripoli in late December
1986 in apparent retaliation for the killing of Syrian
soldiers on duty in Lebanon. Many of the victims of the
Syrian action were reported to be unarmed civilians. There
were also reports that many other people--perhaps as many as
several hundred, according to information received by Amnesty
International--were missing after having been detained by
Syrian troops.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Public criticism of the Government, the Ba'ath Party, and
related institutions is not permitted. The Government or the
Ba'ath Party wholly own and operate all broadcast media and
publishing houses, and strictly control the dissemination of
all information.
Censorship of foreign and domestic news is exercised through
offices in the Ministries of Information, Culture, and
National Guidance. Any subject deemed sensitive to the
Government's interests will not appear in the press or in
daily broadcasts. In 1987 this included the Palestinian
National Council meetings in Algiers, the issue of U.S. /Iran
relations, and the actions taken by Western states against
Syria because of its involvement in terrorism.
Newspapers provide no medium for opposition opinion. The
occasional criticism of government bodies or their operations
is limited to pointing out minor administrative failings and
instances of domestic corruption, or to airing complaints
about problems in the economy. In this way, the media acts to
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portray itself as a defender of the interests of the people.
Officials above the middle rank are rarely criticized.
Imported printed material and films are subject to censorship.
Articles about Syria occasionally are deleted from foreign
magazines and newspapers before distribution. News material,
as well as fictional and nonfictional literature, are
sometimes banned if they are considered overly critical of
Syria. Films often are censored for a variety of reasons,
such as an unfavorable interpretation of the Middle East
conflict, sectarianism, or the use of actors or production
companies targeted by the Arab boycott. Control is much
stricter on materials in Arabic.
Schools at all levels are government operated. Even the few
church-run private primary and secondary schools are required
to follow the Ministry of Education's curriculum and are
subject to regular inspection. One hour of the school day is
devoted to instruction on Syrian patriotism. Teachers are not
permitted to express ideas contrary to government policy,
although more freedom of expression is tolerated at the
university level.
b. Freedom of Peaceful Assembly and Association
Public meetings, assemblies, or demonstrations can be held
only with official permission, and usually at the instigation
of the Government or the Ba'ath Party. Private societies,
including religious groups, are allowed to meet if they have
received government permission to organize. They are limited,
however, to nonpolitical activities.
Professional organizations and labor unions function as
dependent parts of the government apparatus and are primarily
used to transmit instructions and information from the Syrian
leadership. The unions have no political role and generally
function only as a means of keeping the Government informed of
grassroots grievances and concerns. Strikes are forbidden by
law. In 1986 and 1987, there were brief work stoppages by
taxi drivers in Damascus over gas price increases.
Professional organizations have a somewhat greater voice in
the Government, but they too are restricted. In 1987 the
lawyers' union successfully petitioned for the release of
several of its members who had been imprisoned since 1982.
In response to observations by the International Labor
Organization (ILO), the Syrian Government is reported to have
made efforts to bring its legislation into conformity with the
Convention on Freedom of Association and Protection of the
Right to Organize. The ILO has made clear that steps taken by
the Government to date have been insufficient to achieve
compliance.
c. Freedom of Religion
Although Syria is predominantly Sunni Muslim, the Constitution
does not espouse a state religion. As a concession to Islamic
fundamentalists, who object to Ba'athi secularism, the current
regime amended the Constitution to require that the president
be Muslim. Otherwise, there is no official preference given
to one religion over another. Sunni Arabs constitute over
two-thirds of the population. Many key positions in the
Government are controlled by members of the minority Alawi
sect (10 to 12 percent of the population), which is considered
heretical by some Islamic fundamentalists.
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Ba'athi ideology and modernizing influences have had some
impact in diminishing the primacy of religion and ethnicity,
but individual Syrians continue to be identified by their
communal associations. Non-Alawi and non-Sunni groups do have
the freedom to practice their individual religions, but
religious training, fund raising, construction, and the
holding of all meetings except for worship are tightly
restricted and sometimes banned.
One exception to the official policy of religious tolerance is
the treatment of Seventh-Day Adventists, who are forbidden to
practice their religion or own church property.
Foreign missionaries are permitted to operate, although
proselytizing is strictly forbidden. The publication of
religious materials is subject to the same strict controls as
secular material.
The status of Syrian Jews continues to be influenced by the
ongoing state of war with Israel. The 2,000 to 3,000 Jews in
Syria are free to practice their religion, and the situation
of the Jewish community has improved in recent yearsv despite
the uncertainty dictated by regional developments.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Internal travel is unrestricted except in the security zone of
the Golan Heights and near the borders with Lebanon, Jordan,
and Iraq. All citizens wishing to travel abroad must acquire
passports and exit visas. In theory, Syrians can travel to
other Arab countries, except Iraq, on their identification
cards alone, although in practice this applies only to
Lebanon. Women and children under 16 must have permission to
travel abroad from husbands or fathers.
In general, the Government prohibits foreign travel for
persons liable for military service and for certain categories
of prof essionals--such as pharmacists, architects, and
engineers--trained at public expense who have not fulfilled 5
years of government service. Under exceptional circumstances,
however, persons in these groups can obtain passports valid
for 3 months. Students traveling abroad for higher education
must obtain permission from the Foreign Ministry and, like all
Syrians, are subject to recall by the Government. Persons
caught trying to travel illegally are subject to fines and
detention.
Palestinians must also have permission to leave Syria before
they can receive an exit permit. Young Palestinians sometimes
experience difficulties in obtaining the requisite Palestinian
travel document.
In theory, any Syrian can be required to post a bond of
between $300 and $800 which would be forfeited in the event of
nonreturn. In reality, only Palestinians and Jews are
routinely required to post such bonds. Whereas Palestinians
can pay less than $20 to a bank to serve as a guarantee, Jews
must post the full bond. Jews, particularly those with
significant holdings and financial ties in Syria, have found
it somewhat easier to travel abroad in recent years. A ban
against Jewish emigration still exists, and groups have been
caught trying to emigrate illegally. With some exceptions,
the Government generally continues its policy of not issuing
passports to all members of Jewish families at the same time.
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Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
President Asad and his senior advisers maintain strict control
over the political life of the nation. Syrians have little
say in the determination of their political leadership.
Popular participation in presidential elections is provided
for in the Constitution, The Parliament is a rubber stamp
organization which, though freely elected, has little real
power. Major initiatives normally take the form of
presidential decrees and Ba'ath Party resolutions, which are
later ratified by the Parliament. The Constitution provides
that the Ba'ath Party is the leading political organization,
and other legal parties, which nominally are members of a
broad-based national front, are severely restricted. Some
parties, such as the League for Communist Action, are outlawed.
According to official sources, during the 1985 presidential
elections. President Asad received 99 percent of the vote,
with 99 percent of the public participating. There was no
opposition candidate.
A certain degree of regional autonomy is permitted as long as
it does not challenge the central Government's authority.
Major city centers, for example, exercise local control, while
the Druze in the Jebel Druze region have their own governorship
and sheikhs handle tribal matters. Certain ethnic and social
groups, such as the Bedouin, and people living in small
villages have little contact with the central Government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government denies charges of human rights violations,
often ignoring them or calling them an intrusion into internal
affairs. There are no internal groups monitoring human
rights. Amnesty International's inquiries are ignored and the
International Committee of the Red Cross has had only limited
access to prisoners. No Syrian is willing to criticize the
Government publicly for human rights actions.
The Government exerts great efforts in the U.N. and other
international bodies to highlight human rights abuses by other
countries--especially Israel, South Africa, and, in 1987, the
United States.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Membership in the Ba'ath Party is an important factor in
prospering in the Syrian economy. Party connections can pave
the way for entrance into better schools, access to more
lucrative employment, and greater power in government.
The official state of war with Israel continues to influence
the status of Syrian Jews, although the community's situation
has improved in recent years. Today the Jewish community
enjoys a relatively high standard of living, access to higher
education, and entrance into the professions. Jews are
subject to foreign travel restrictions, however, and are the
only minority whose passports and identity cards note their
religion. Contact between Syrian Jews and Israelis is still
prohibited. There are unconfirmed reports that Jews are
denied government positions and, like members of other small
1320
SYRIA
minorities, no Jews hold senior positions in the Ba'ath
Party. Jews are not required to perform government service
and are barred from the military.
Syria's Palestinian community numbers approximately 250,000
and consists predominantly of refugees from the 1948 and 1967
Arab-Israeli wars. Several thousand Lebanese and Palestinians
also fled to Syria in 1982 following the Israeli invasion of
Lebanon. Palestinians are officially temporary residents
pending the resolution of the Arab-Israeli conflict.
Under Syrian law, resident Palestinians enjoy equal access to
employment, social services, and education. In addition,
Palestinian organizations sanctioned by the Government operate
social institutions within their community. Palestinians may
choose their place of residence and occupation, and the
majority participate fully in the local economy. With
government permission, they may now own more than one building
or plot of land.
The Government allows those Palestinian political groups which
espouse the official anti-Arafat policy to operate, although
their activities are carefully controlled. Palestinians may
not acquire Syrian citizenship or vote in Syrian elections.
Although they currently occupy several senior positions in the
bureaucracy, Palestinians are unofficially barred from the
highest echelons of the Government.
The Constitution assures the rights of women and calls for the
elimination of all obstacles to women's development.
Historically, Syrian women have benefitexl from government
policies, including the right to vote (1949) and equal pay for
work of equal value.
Syrian women hold positions in all sectors of the Government
and the economy. They presently comprise about 12 percent of
the documented work force, although the figure probably rises
in rural areas. The literacy rate for Syrian women is 43
percent, compared to a national average of 49 percent. The
Government encourages women's enrollment at all levels of
education .
Traditional concepts of male guardianship of women continue to.
counteract official policies. Particularly among Muslims,
these concepts often limit a woman's rights in matters of
marriage, divorce, child custody, inheritance, and personal
decisions .
CONDITIONS OF LABOR
Syrian labor laws provide comprehensive working standards for
the public and private sectors. Minimum wages are prescribed
in all sectors. The minimum age in the predominant public
sector is 18. The minimum age varies in the pr ivate . sector ;
the absolute minimum age is 12, while parental permission is
required for children under age 16 to work. Children are
forbidden from working at night. The Labor Ministry is
responsible for enforcing minimum age practices, but the
number of labor investigators is small and violation of the
law may be extensive.
Women may not engage in jobs involving heavy labor and must
obtain permission to work at night.
1321
SYRIA
The workweek consists of 6 workdays of 6 to 8 hours a day,
although in certain fields in which workers are not
continuously busy a 9-hour day is permitted. Labor laws also
mandate a full 24-hour rest day per week. Employees are
guaranteed 15 days of paid leave per year during the first 5
years, rising to 30 days per year for persons over age 50 or
with 20 years' employment. An employee may take up to 200
days of sick leave per year, receiving 80 percent of his
salary during the first 30 days and 100 percent for the
remaining 170 days. Employers are required to provide limited
medical care, and establishments with more than 100 employees
must hire a nurse and offer access to a physician when
necessary.
Public laws mandate safety standards in all sectors, although
actual enforcement depends on individual managers and may
therefore vary. The Government provides disability insurance
for job-related injuries, totaling 80 percent of a worker's
salary for the first 30 days and up to 100 percent for a
year. Permanently disabled workers who do not return to their
job receive severance pay of up to 75 percent of their last
salary, with a sliding scale based on the extent of the
disability. Employees often experience delays in receiving
compensation but have recourse to the legal system in the
event of nonpayment.
Guest workers theoretically receive the same benefits, but
their right to workers' permits is constantly in flux. Many
work illegally and are not covered by the government system.
1322
TUNISIA
Tunisia, an Arab state in North Africa, has traditionally been
open to the West and socially progressive. Islam is
acknowledged as Tunisia's official religion. From
independence in 1956 to November 7, 1987, Tunisia was led by
President Habib Bourguiba, the leader of the Destour Socialist
Party (PSD), who is now in his mid-80's. Following the
findings of a medical commission in November that Bourguiba
was unfit to continue to serve. Prime Minister Zine el Abidine
Ben Ali assumed the Presidency. The Tunisian Government has
stated that this occurred in accordance with Article 57 of the
Constitution. Opposition parties have called for general
legislative elections to be held before the next regular
elections scheduled for November 1991. The Government has
scheduled legislative byelections for January 1988 to fill
five legislative vacancies.
Although Tunisian policy traditionally has emphasized economic
development over defense spending, in recent years the
Government has begun a modest program to modernize its army.
In 1987 the security forces were augmented by the reactivation
of the PSD's militia to guard party establishments, help
police with crowd control, and put down Islamic demonstrations.
This activity raised concerns that public order might become
the responsibility of nongovernmental agents. However, the
militia was officially disbanded with the change of government
in November.
In 1987 the economy, recovering from the low point reached in
1986 when real gross domestic product [GDP] contracted by 1.2
percent, was expected to register a 5 percent gain in real
GDP. The improved economic performance was partly the result
of a structural adjustment program introduced in August 1986.
However, the economy remained vulnerable to external shocks
and the effects in 1987 of the adjustment program included
higher inflation and unemployment.
Throughout most of 1987, until the change of government, human
rights in Tunisia suffered as a result of violent
confrontations between the Government and Islamic
fundamentalists. There were periodic and sometimes violent
street demonstrations leading to the arrest of more than a
thousand Islamic activists. Several judges and PSD officials
were subjected to acid attacks, and the violence culminated
with bomb explosions in four tourist hotels on August 2. A
special State Security Court was constituted to try 90
fundamentalists accused of specific acts of violence as well
as trying to overthrow the regime through violent means. The
trial ended with death sentences and executions of 2 men who
confessed to violent acts, 5 death sentences in absentia, long
prison sentences for some leaders of the umbrella Islamic
organization, the Islamic Tendency Movement (MTI), (including
a life sentence for its leader Rachid Ghannouchi), and 14
acguittals. At the same time, human rights activists sharply
criticized the Government and its security services for
torture of members of the MTI, the suspicious deaths of some
persons, and alleged violations of homes and detention of
relatives in the course of security sweeps. They also raised
serious questions about the fairness of judicial procedures in
the MTI trial. However, in Tunisia the verdicts were welcomed
to the extent that they distinguished between violent crimes
and political activities.
The new Government has charted a bold new course aimed at
improving human rights. On his assumption of power, Ben Ali
1323
TUNISIA
promised constitutional reform and new laws to promote greater
liberty and participation in the political system for parties
and mass organizations. He also pledged to enhance freedom of
the press, to end inequality and injustice in the application
of law, and to fight against favoritism in the government.
Within two months the new Government had made significant
progress toward fulfilling his promises. A law limiting
prearraignment and pretrial detention, previously unlimited by
Tunisian law, was adopted. The special State Security Court
and the function of the General Prosecutor of the Republic
were eliminated. Several banned opposition newspapers
reappeared, and the Government and PSD media began more
balanced and objective news coverage. The new regime also
appointed commissions to revise the laws on mass organizations
and the press. In so doing, the Government solicited and
sometimes implemented ideas from independent and opposition
politicians. The Government also enunciated a policy of
making the General Union of Tunisian Workers (UGTT) more
autonomous and representative, and returned dozens of fired
union activists to their jobs.
In December Ben Ali granted presidential clemency and commuted
the sentences of 2,892 prisoners. On December 31, he granted
clemency and commuted the sentences of an additional 405
prisoners tried in regular courts (not including the State
Security Court). In effect, he reduced the sentences of most
of these prisoners to time already served, and the vast
majority were to be released in the near future. Most of the
prisoners affected were Islamic fundamentalists convicted in
1987 of membership in an unauthorized organization (MTI) and
participation in unauthorized street demonstrations. There
were also some political figures, including convicted relatives
of former Prime Minister Mohamed Mzali and the former first
lady, Wassila Ben Ammar. The clemency and reduction in
sentences did not affect the fundamentalist Muslims convicted
by the State Security Court, including Rachid Ghannouchi.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings in 1987.
b. Disappearance
There were no reports of disappearances in 1987.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In July 1987 Tunisia officially adhered to the 1984 United
Nations Convention on Torture. However, there is reliable
evidence that there were instances of physical and
psychological abuse of prisoners in 1987. Occasional reports
of torture appeared from time to time in the local Arabic-
language press and in communiques of the Tunisian Human Rights
League. Most accusations of mistreatment revolved around a
government crackdown on Islamic fundamentalism, especially on
the MTI. Reliable sources reported several accusations of
beatings by police during questioning in order to extract
confessions. These accusations were substantiated in some
cases by statements of detainees before arraignment judges and
1324
TUNISIA
formal statements by lawyers attesting to the poor physical
condition of their clients. In addition, several Islamic
fundamentalists testified before the State Security Court that
they had been beaten by police and forced to confess to-
membership in the MTI . There were several reported deaths due
to injuries sustained while in police custody. The MTI claims
that 13 of its members, including the cases noted above, were
killed by police in 1987.
Conditions in Tunisian detention centers and prisons are poor
and, in some instances, injurious to health. Reports indicate
that civil prisons are poorly supervised. Families of
prisoners usually provide food and personal items for the
prisoner's use.
d. Arbitrary Arrest, Detention, Exile, or Forced Labor
Prior to the November change in government, the authorities
arrested some persons engaged in opposition activities, most
often on charges of illegal political activity, spreading
false information, or defamation of the President. During
1987, according to former Prime Minister Rachid Sfar, as many
as 1,500 Islamic fundamentalists were arrested, and, according
to the Prosecutor General, 1,270 were tried and sentenced--to
between 6 months and 6 years in prison--for participating in
unauthorized street demonstrations and membership in an
unauthorized organization. Fourteen members of the
unrecognized Progressive Socialist Rally [RSP] were also
sentenced to 6 months in jail for belonging to an unauthorized
organization. They were later pardoned by President Bourguiba,
before serving their sentences.
There were reports that police raided university dormitories
in Tunis in Ap.ril following campus unrest, and that a leader
of the Islamist Tunisian General Union of Students (UGTE) fell
from a window to his death during one of the raids. In
December Ben Ali released from national service a number of
students who were inducted into government work groups as a
result of university unrest during the 1986-87 academic year.
Khemais Chamari, a prominent member of the Tunisian Human
Rights League and the opposition Democratic Socialist Movement
(MDS) , was arrested in April and charged with defamation of
the President and spreading, false information. He was
released from detention shortly afterward for health reasons,
and his trial has been postponed several timesi Twenty-one
trade unionists were also arrested in. April for holding an
unauthorized labor meeting. No formal charges were brought
against them, and they were released after 4 days. A number
of Islamic fundamentalists were arrested in March and held
until their formal arraignment in August. During this time
some were not allowed access to family or lawyers.
During the change in power, some two dozen close associates of
Bourguiba were briefly detained; most were released within a
week; some are still under detention. One remained under
house arrest, and two were being held on charges of corruption.
There were also numerous accus-ations in 1987 of police arrests
of relatives to compel persons being sought to turn themselves
in to the police.
Until November prearraignment and preventive (pretrial)
detention was unlimited by Tunisian law. In its 1987 Report,
Amnesty International expressed particular concern about the
practice of prolonged incommunicado detention in Tunisia. The
1325
TUNISIA
passage by the Tunisian Chamber of Deputies on November 22 of
a law limiting prearraignment and pretrial detention, if
effectively enforced, will represent a significant change in
practice. Under the new laws prearraignment detention is
limited to a maximum of 10 days: 4 days initially, which can
be extended an additional 4 days with a written request from
the prosecutor, and a final 2 days may be allowed in "cases of
extreme need." The detainee may also request an examination
by a doctor during or immediately after this period. After
arraignment, detention of a defendant is limited to 6 months,
renewable by an arraignment judge for one additional period of
6 months in cases of misdemeanor, and for two additional
periods of 6 months for felonies.
In 1981 the International Labor Organization [ILO] criticized
Tunisia for its policy of compulsory labor in prisons. While
Tunisia continues to use compulsory labor as a sentence, it
reportedly resolved ILO concerns on this issue in 1983 in a
comprehensive report. The ILO has continued to urge Tunisia
to bring its legislation on rehabilitation work and civic
service into conformity with the Convention on Forced Labor.
e. Denial of Fair Public Trial
All trials in Tunisia are normally open to the public, and
both domestic and foreign journalists and observers regularly
attend proceedings. Tunisian prison sentences are usually
divided into two categories: confinement in prison and
confinement at forced labor. No secret trials were held in
1987. Critics have alleged government interference in the
judicial process, especially with regard to Islamic
fundamentalists and members of the opposition. The majority
of Islamic demonstrators charged with unauthorized assembly
appeared before one judge, described by a member of the
opposition as "government manipulated." In August the
Government constituted a special State Security Court to hear
the cases of 90 Islamic fundamentalists, including MTI leaders
and six men accused of bombing tourist hotels in Sousse and
Monastir. The accused were charged with attempting the
violent overthrow of the State, collusion with a foreign power
(Iran), and inciting the population to revolt and murder.
Both foreign and Tunisian journalists and observers attended
the trial and provided detailed coverage of the prosecution,
defense, and testimony. After a month of sessions and a
lengthy deliberation, the court convicted 76 of the 90
defendants and sentenced 7 to death--2 in custody who admitted
to carrying out violent acts, and 5 in absentia. MTI
President Rachid Ghannouchi received life at hard labor, and
the other defendants found guilty received sentences varying
from 2 years in prison to 20 years at hard labor. The
verdicts and sentences were viewed by many in Tunisia as
balanced and responsible, but several international human
rights organizations, including Amnesty International and the
Arab Association for Human Rights, criticized the trial
procedures and pronounced the sentences harsh.
Following the trial, 13 of the defendants convicted in
absentia were apprehended and retried in the State Security
Court in November. The Court confirmed the verdicts of 11
defendants, including 1 death sentence. Two defendants had
their original sentences of 10 years' imprisonment reduced to
5 years. President Ben Ali commuted the death sentence to
life at hard labor after the appeals court upheld the
verdict. An appeals court upheld the convictions of the
others tried in November as well.
1326
TUNISIA
After these retrials in the State Security Court, President
Ben Ali introduced a bill abolishing this court. Local press
commentary explained the move as an attempt to insure that
individuals would henceforth be tried only in regular courts
for specific crimes, not in special courts for beliefs or
associations. Ben Ali also introduced a bill abolishing the
position of General Prosecutor of the Republic, a move
explained by the press as an attempt to decentralize the
judiciary and reduce executive branch influence. In late
December, the Chamber of Deputies passed both of these bills
into law.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of the person
as well as the inviolability of the home and privacy in
correspondence, "except in exceptional cases defined by law."
The privacy of the individual and the home are generally
respected in practice. However, according to respected
sources, the security police in 1987 obtained blanket
authorization to search for persons suspected of Islamic
fundamentalism or membership in the MTI. Police, security
forces, and, according to some reports, the ruling party's
militia conducted a series of sweeps and searches in several
cities during July and August. There are some reports of the
monitoring of correspondence and telephones.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Tunisian citizens generally feel free to criticize their
Government in private. In public they are much more
restrained. Personal criticism of the President in public is
a crime under the press code; the new Government has promised
a reform of the press code and has created a committee to
draft a new law.
Tunisian law reguires that the first copy of each edition of
all periodicals and the first copy of all published books be
submitted to a censorship authority. This body has the power
to censor, either partially or completely, any publication it
receives. During 1987 two opposition publications were
suspended for periods of 6 months, and all the magazines and
reviews issued by the Paris-based publishing house Jeune
Afrique were banned twice for limited periods, once in March
and again in September. Issues of two other independent
papers were seized in 1987, leading them to stop publishing
temporar i ly .
After the change of government in November, most of the
suspended publications began to publish again, and Jeune
Afrique was again allowed in the country. Newspapers,
including government and ruling party organs, regularly
carried political debate and dissent on government positions.
Government radio and television news coverage became more
balanced and included far less coverage of the daily
activities of government officials. Arabic radio and
television stations also began broadcasting the Muslim calls
to prayer, a practice not previously permitted. In November
the Government also announced a series of cultural reforms,
among them the revision of the law on cultural associations,
and the lifting of a previous ban on the pubHcation of five
books. However, in December the Government seized an issue of
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